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ADVERTISEMENTS. 


TATIL-SOVr  Al  CO. 

Kxcelsior  IVTaclninery  Work:s, 

MANUFACTURERS  OF  AND  DEALERS  IN 
EVERY  DESCRIPTION  OF 

LAUNDRY   MACHINERY, 


No.    264   BINGHAM    COURT, 

PHIIvAOEI^PHIA,  PA. 


WASHING  MACHINES,  STARCHING   IMACHINES,   COLLAR 

AND  CUFF   IRONERS,   SHIRT    IRONERS,   STEAM 

MANGLES,  COMBINED  COLLAR  &  CUFF 

IRONERS,  LAUNDRY  STOVES,  Etc. 


SPECIAL  ATTENTION   GIVEN  TO   FITTING   UP  LAUNDRIES, 
HOTELS  AND  PUBLIC  INSTITUTIONS. 


3a 


ADVERTISEMENTS. 


DRS.    STARKEY    &    PALEN'S 
-IJVEIvL  -  TRIED    XRHAXMENX- 


^or  Consumption 
Asthma  . 
Bronchitis 
Dyspepsia 
Catarrh  . 
Hay  Fever 
Headache 


TRADE  MARK- 


REGISTERED. 


1529  ArolT.  Street,  Philad'a,  I^fa. 


For  Debility  .  .  . 
Rheumatism  . 
Neuralgia  .  . 
All  Chronic     . 

.  .  .  and  .  . 
Nervous  .   .    . 

.    .  Disorders 


"The  Compound  Oxygen  Treatment,"  Drs.  Starkey  &  Pakn,  No  1529  Arch  Street,  Philadel" 
phia,  have  been  using  for  the  last  nineteen  years,  is  a  scientific  adjustment  of  the  elements  of  Oxygen 
;iiid  Nitrogen  magnetized,  and  the  compound  is  so  condensed  and  made  portable  that  it  is  sent  all 
over  the  world. 

"COMPOUND  OXYGEN"  being  taken  into  the  system,  the  Brain,  Spinal  Maraow,  and  the 
Nerve-Ganglia — "  Nervous  Centres  " — are  nourished  and  made  more  active.  Thus  the  Fountain 
Head  of  all  activity,  both  mental  and  physical,  is  restored  to  a  state  of  integrity,  and  the  nervous 
system,  the  organs,  and  the  muscles  all  act  more  kindly  and  efficiently. 

When  "  Compound  Oxygen"  is  inhaled,  the  heart  has  imparted  to  it  increased  vitality.  That 
organ  sends  forth  the  blood  with  more  force  and  less  wear  to  itscU ;  the  vital  currents  leave  on  their 
circuit  new  deposits  of  vital  force  in  every  cell  of  tissue  over  which  they  pass,  and  return  again  to 
the  lungs  for  a  new  supply.  This  is  a  rational  explanation  of  the  greatest  advance  medical  science 
has  yet  made. 

Office  Patients  are  under  our  personal  inspection  and  care,  visiting  the  office  daily,  or  as  fre- 
Huently  as  their  cases  may  require.     The  treatment  is  by  inhalation. 

Drs.  Starkey  &  Palen  have  the  liberty  to  refer  to  the  following  named  well-known  persons  who 
have  tried  their  treatment :  Hon.  Wm.  D.  Kelley,  Member  of  Congress,  Phila.  Rev.  Victor  L. 
Conrad,  Editor  Lutheran  Observer,  Phila.  Rev.  Charles  W.  Cushing,  D.  D.,  Rochester,  N.  Y. 
Hon.  Wm.  Penn  Nixon,  Editor  Inter-Ocean,  Chicago,  111.  Rev.  A.  W.  Moore,  Editor  The  Cen- 
tenary, Lancaster,  S.  C.  W.  H.  Worthington,  Editor  New  South,  Birmingham,  Ala.  Judge  H.  P. 
Vrooman,  Quenemo,  Kan.  Mrs.  Mary  A.  Livermore,  Melrose,  Massachusetts.  Judge  R.  S.  Voor- 
hees,  New  York  City.  Mr.  E.  C.  Knight,  Phila.  Hon.  W.  W.  Schuyler,  Easton,  Pa.  Mr.  Frank 
Siddall,  Merchant,  Philadelphia.  Edward  L.  Wilson.  833  Broadway,  N.  V  ,  Ed.  Phila.  Photogra- 
pher. Fidelia  M.  Lyon,  Waimea,  Hawaii,  Sandwich  Islands.  Alexander  Ritchie,  Inverness,  Scot- 
land. Mrs.  Manuel  V.  Oitega,  Fresnillo,  Zacatecas,  Mexico.  Mrs.  Emma  Cooper,  Utilla,  Spanish 
Honduras,  Central  Ameri':a.  J.  Cobb,  U.  S.  Vice-Consul,  Casablanca,  Morocco.  M.  V.  Ash- 
brook,  Red  Bluff,  Cal.  Ernest  Turner,  Nottingham,  England.  Jacob  Ward.  Bowral,  New  South 
Wales.     And  thousands  of  others  in  eveiy  part  of  the  world. 


"COMPOUND  OXYGEN— Its  Mode  of  Action  and  Results,"  is  the  title  of  a  new  brochure 
of  two  hundred  pages,  which  gives  to  all  inquirers  full  information  as  to  this  remarkable  curative 
agent,  and  a  record  ol  several  hundred  surprising  cures  in  a  wide  range  of  chronic  cases — many  of 
them  after  being  abandoned  to  die  by  other  physicians.  Will  be  mailed  free  to  any  address  on  appli- 
cation.    Read  the  brochure  !  DRS.  STARKEY  &  PALEN, 

1529  ARCH  STREET,  PHILA..  PA. 


1343  ARCH  STREET,  M      Phila.,  Pa, 

Copies,  Print,  Type^Writing;  in  /g^-*^  send 

fact  anything  written  or  printed  ^"^^^   "i^  ciuciit^AR 

THOUSANDS  OF  COPIES  FROM  ONE  ORIGINAL. 
UNIVERSAL 

J.  R.   PALEN,  Treasurer. 


Copies  print,  writing,  type-writing, 
wood-cuts,  lithographs,  crayon  draw- 
ings, printed  or  written  music,  etc' 

The  original  is  written  with  our  copy- 
ing ink  or  with  our  ribbon,  and  then,  by 
a  simple  and  sure  process,  transferred 
to  a  plate,  from  which  any  number  of 
copies  can  be  taken.  Print  is  transferred 
to  the  plate  without  spoiling  the  orgi- 
nal,  and  then  copied  like  writing. 

Thousands  of  copies  can  be  made 
from  one  original.  The  plate  can  be 
cleaned  with  turpentine  without  injuring 
the  negative.  As  printer's  ink  is  usea, 
all  impressions  are  alike  clear  and 
legible,  and  can  be  of  any  color  desired. 

The  negative  can  be  kept  for  years,  or 
it  can  be  removed  in  a  minvite,  and  the 
plate  used  over  and  over  again. 


COPYING  MACHINE  CO., 

No.  1343  ARCH  STREET,  PHILA. 


ADVERTISEMENTS. 


Oliver  Braden  &  Co. 
FINE  BOOK  AND  JOB  PRINTERS, 

Lithographers, 

WOOD  &  STEEL  PLATE   ENGRAVERS, 

Stationers  and 

BLANK  BOOK    MANUFACTURERS, 

FORREST   BUILDING, 

No.  119  South  Fourth  Street, 

PHILADELPHIA 

Having  had  eighteen  years'  experience  in 

THE    business,   WE     FEEL   COMPETENT    TO 

handle  all  classes  of  work  entrust- 
ed  TO  OUR   care. 


D.  H.  SHOWERS.  Pres.     I.  W.  COOLEY,  Secy.     H.  A.  MINER,  Treas.     OLIVER  BRADEN,  Supt.  of  Agts 


Chartered  'Perpetu/ClI  under  the  Laws  of  Pennsylvania. 

HOME  OFFICE: 

N.  E.  Cor.  FifthL  &  VS^alnut  Sts. 


Classification  of  Sisks. 


BENEFITS. 

)eath  by  Accident 

jOss  of  Hand  and  Foot.. 

"     "    Both  Hands , 

"     "       "     Feet 

"     "    One  Hand 

"     "       "     Foot 

"     "    Both  Eyes 

"     "   One  Eye 

'ernum'nt  Total  Disability 
BVeeltly  Indemnity. 
V.nnnal  Cost  about 


\a 

B       C 

D    \    E 

S20O0  81000 

F 

iiO(X) 

g\  n\  I 

SlOOOSlOOois  500 

J 

K 

8  250  I 

SoOOO 

$4000  mm 

8  .500  $  2.50 

5()00:  4(100  3000 

2000,  ]000 

1000 

1000,  1000 

,5(Kt 

500  2.50 

2.50 

5000  -1000  -.mo 

2000  1000 

1000 

1000!  1000 

,500 

,500  2.50 

2.50 1 

5000 !  4000  3000 

2000 1  1000 

1(H)0 

1000  i  1000 

.500 

500  2.50 

250  i 

2.500  2000  1500 

1000  .500 

o(H) 

.500:  500 

2.50 

2.50  125 

125 1 

2.500  2000  1.500 

1000  500 

,500 

500  500 

2,50 

2.50,  125 

1-?5 

2.500  2000  1500 

1000  500 

,500 

.500  500 

2,50 

2,50;  12;5 

125 

625;  .500  375 

2.50   125 

125 

125   125 

a5 

1)5!   35 

35 

12.50  1000  7.50 

500   2.50 

2.50 

2.501  2.50 

125 

125   65:   65  i 

25.00' 20.00  15  00 

12.50  7  50 

10.00 

12.50  15.00 

10.00 

5.00  7.50  5.00  1 

13.001  13.(X);  13.00 

3.(X)  13.00 

13.00 

13.00;  13.00 

13.00 

13.00!  13.00'  13.00  1 

81200 
1200 
1200 
1200 
600 
600 
600 
1.50 
300 
12.50 
.30.00 


81.5( 
1,5( 
15( 
1.5( 


17.5 

.■!().( 


COSTS    IN   THIS   ASSOCIATIOIM   ABOUT    25    CHNTS    PCR   -WEKK. 

Half-Rate  Certificates  cost  half  and  give  half  the  Benefits  named  in  above  Table, 


4a 


ADVERTISEMENTS. 


Z    "— 1^     I.I  I     "-^  I     ":  I    ?T  1 1  m  II      '• 


^Attoni0yand  Coiiii:j2lIorlC 

ANNUAL.  ^^ESl^^f^'^^^Sfefe.      J 

SHOVi/KRS' 

Legal   Directorv 
MERCHANTS'   GUIDE. 


CoKTAiNiNG   A    Comprehensive   Digest  ok  the  Collection   Laws  of 

ALL  THE   States,  Territories   and  Canada,  with  Legal 

Forms  Adapted  to  each  ;    Instructions  for 

Taking   Depositions,   etc. 

THE  NAMES  OF  ONE  OR  MORE  ATTORNEYS 

IN   NEARLY   6,000   ToWNS   IN    THE    UNITED    STATES    AND    CANADA, 
HAVING    A    TRUSTWORTHY    RESIDENT    ATTORNEY. 

ALSO  A  LIST  OF  BANKS  AND  BANKERS, 

WITH    NAME     OF    BANK,     CASHIER    AND     PAID-UP    CAPITAL. 
TOiiKTIlKR      AVITIl      VAItlOlS      OTHER     MATTER     OF     A'ALUE     TO 

BANKERS,  ATTORNEYS  AND  BUSINESS  MEN 


1888. 


D.  H.  SHOWERS, 

EDITOR    AND    COxMPILER. 


PHILADELmiA  : 

j^atioTtal  liato  antr  (fTollection  ^isgoriation, 

]K.  K.  Cor.  5tli  and  'Walnut  Streets. 


ADVERTISEMENTS. 


JOHN  HEINS, 

Public  Accountant  *i  Auditor, 

BULLITT  BUILDING, 

T41  South  Fourth  Street, 

-p'  (FIFXH  FI^OOR.i 

^^^^^"^  PHILADELPHIA. 


ANALYZE    FINANCIAL  REPORTS, 

EXAMINES  ERRONEOUS  ACCOUNTS, 
ADJUSTS  DISPUTED  ACCOUNTS, 
DESIGNS  FORMS  FOR  BOOKS, 

OPENS  CORPORATION  BOOKS. 


AUDITS  ACCOUNTS 

KOlt 

CORPORATIONS,  FIRMS  AND 
INDIVIDUALS. 


A  DVERTISEMENTS. 


OVER  TWENTY  -  EIGHT  YEARS  EXF1GEIENCE. 

JOHN    W.    FRANCIS, 

Public  Accountant  ^  Auditor, 

No.  1020  Arch  Street,  " 

PHILADELPHIA. 


n(KjKS  OPENED  Cur  Corpoiiitious,  Finns  and  Individuals.  S'l'A  I'E- 
MENTS  \)ve^9.re(\  for  Directors  and  Stockholders.  Secretaries  and  r.ixik- 
keepers  instructed  and  superintended.  Periodical  or  .special  exantinnfions 
made,  errors  detected  and  business  analyzed.  NEW  FORMS  for  hooks 
designed  for  special  cases.  THOROUGH  and  EXHAUSTIVE  STATK- 
MENl'S  prepared  for  Executors,  Assignees,  Attorneys  and  others. 

C'orresi)ondeuce  solicited  with  tho.se  desiring  to  adopt  new  and  iniproVdl 
methods  of  keeping  their  accounts,  also  with  such  as  are  ilissatished  with 
the  present  condition  of  tlieir  books. 

Testimonials  of  the  highest  ciiaracter,  fnnn  all  departments  oi"  businc  ^s, 
furnished  on  application. 


77ie  Hon.  Win.  N.  Ashiiiaii,  one  of  the   Judges  of  the    Orpliaius 
Court,  says  : 

*  -;:-  ■:;■  "  I  would  nut  iiesitate  to  accept  as  rtnal.  the  oi)iniou  of  ^Ir. 
Francis  as  an  expert,  on  any  ((uestion  of  ac<'ounting."" 

R.  0.  Moon,  Attorne}-  and  Counseloi'-at-Law,  says  : 

*  *  *  ''The  high  personal  character  of  ]\[r.  Francis,  his  accuracy, 
skill,  good  judgment  and  intinuite  ac<iuaintance  with  business  forms,  make 
his  .services  of  especial  value  to  all  who  need  the  services  of  an  accountant." 


792091 


»)a 


ADVERTISEMENTS. 


Short-hand  saves  money  because  it  saves  time, 
which  cannot  be  bought  at  any  price. 

TBI^EPHOBJE  1247. 


■^    '    3 


#  STENOGRAPHER,  ^ 
No.  520  Walnut  Street, 


PHILADELPHIA. 


Commissioner  of  the  Courts  of  Common  Pleas  to  take  Depositions. 
Under  the  Act  of  Assembly,  approved  March  26,  1873. 


REFERENCES. 


Hon.  D.  Newlin  Fell, 

James  Otterson, 

Hon.  W.  Nelson  West, 

William  F.  Johnson, 

Daniel  Dougherty, 

Harry  G.  Clay, 

William  Littleton, 

Gen.  B.  Franklin  Fisher, 

(,;harles  Hart, 

Hon.  Fiirman  Sheppard, 

Hon.  Charles  Gilpin, 

John  Samuel, 

Earle  &  White, 

Alfred  Moore, 


Ed.  H.  Weil, 
Henry  Hazel  hurst, 
•  Geo.  M.  Conarroe, 
Wm.  Ernst, 

Hon.  Kobert  P.  Decherf, 
Hon.  Isaac  Hazelhurst, 
Joseph  B.  Townsend, 
MacGregor  J.  Mitcheson, 
J.  Fletcher  Budd, 
Henry  M.  Dechert, 
Samuel  G.  Thompson, 
Anthony  A.  Hirst, 
Joseph  Leedom, 
F.  F.  Brightly. 


A  limited  number  of  office  students  in  short-hand  and  type-writing  will 
be  taken  ;  also  students  by  mail. 


ADVERTISEMENTS. 


De  Witt  C.  Williams, 

Photograph  Copyist, 

AND 

Printer  for  Aniateur  Photographers, 
No.    914   ARCH    SiTRKKT, 

PHILADELPHIA,  PA. 

MULLINS'  PAPER  WEIGHTS, 

Composed  of  METAL,  covered  with  PLUSH,  LEATHER.  Etc.   for 

Office,  Counting-House,  Library  &  Draughtsman. 

Tlie  j;reat  weight  ill  proportion  to  bulk, 
Icaiiliiiess    and    ease    of  liandling,   make 
hem   tlie   most   desirable    Paper    Weii^li/s 
that  have  ever  been  otlered  to  the  piiblu-. 

Can  have  Name.   Business  Address,  &c. 
stamped  on  in  Gold. 

No.  I  and  No.  i  A,  are  especially  adap- 
ted to  Draughtsmen.     They  do  away  lo 

a  great  extent  with  the  use  of  Thum  Tacks. 

.PATENTED  MARCH  16,  1889.  Are  sufficiently  heavy  to  keep  the  paper  or 

cloth  in  place,  and  uciiig  composeil  of  Lead  the  drawing  mstruments  are  not  injured 
by  being  struck  against  it. 


No. 

Covered  with 

Length 

WhUh 

Thi'kness 

Weight 

Per  doz. 

1A 

Lead, 

Ijeatlier, 

of  ill. 

2Hn. 

U  in. 

U  lbs. 

$15.0(( 

'JA 

Iron, 

" 

8f  - 

O  .'i.     1 1 

u  ^• 

2i    - 

9.00 

4A 

2i  " 

2     " 

U  " 

U    " 

7.20 

oA 

ti 

ii. 

2i  " 

If  " 

H  " 

1      " 

6.00 

0 

Pin 
Cusliior 

Plush  and 
I.     LejiMior. 

2i  '' 

H  " 

H  " 

1      " 

12.00 

Any  .style  furnished  to  order  in  qualities,  at  special  prices, 
Mullins'  Blue  Black  Writing  Fluid. 

jMnilins'  Chemical  Writing  Fluid,  superior  to  any  ink  in  the  niurkcl. 
Send  for  Price  list. 

KBNTON    p.    K.    IMULLINS, 

Stationer,  Printer,  Manufacturer  and  Patentee, 

825  Arch  Street,  Philadelphia,  Penn'a. 


ADVERTISEMENTS. 


The  Art  Illustrative.^ 


WOOD  ENGRAVING  is  acknowledged  by  all  to  occupy 
the  foremost  place  in  the  Illustrative  and  Decorative 
Ai'ts;  giving  the  greatest  satisfaction  in  every  respect, 
at  a  cost  that  may  seem  a  tritle  higher  than  that  of  other 
methods,  but  far  lower  considering  the  increased  effect  and 
beauty  of  the  work. 


mmn^' 


^!^^^ 


:• 


^'/.-  •  A  \^  *■  ^^^  "^ 

^    /    •        .      *•   • 

Portraits,  Pictorial  Work,  Book  Illustrations,  Decora- 
tive Work,  Views  of  Buildings,  and  Manufactories,  Bird's- 
eye  Views,  Street  Scenes,  every  descrijotion  of  Machinery, 
Catalogue  Illustrations — in  fact  everything  of  which  it  is 
possible  to  make  a  picture,  engraved  in  the  best  manner,  at 
the  lowest  price,  consistent  with  quality. 

Correspondence  on  the  subject  solicited.  In  sending 
for  advice  or  estimates,  enclose  drawing  or  photograph  of 
subject.  Personal  atteution  i)aid  to  all  work.  Orders  by  mail 
promptly  and  satisfactorily  attended  to. 

J.  P.  BRASELMANN. 

ROOM  23. 

524  Walnut  Street,  Phila, 


PREFACE. 

WE  PRESENT  this  the  second  annual  volume  of  the  Directory 
and  Guide  in  confidence  to  the  public  that  it  will  prove  a 
convenient   and    reliable   hand-book   to    Bankers,   Attorneys, 
Merchants  and  others,  for  the  transaction  of  all  legal  or  other  busi- 
ness  in  any  of  the   States   and   Territories,  Canada,  or  Continental 
Europe. 

The  arrangement  of  the  contents  will  be  found  the  most  suitable 
and  convenient  possible. 

We  give  under  each  state,  etc.,  separately,  every  item  pertaining 
thereto.  The  Digest  of  Laivs  comprising  upwards  of  eighty  subjects, 
revised  to  November,  1887,  by  able  attorneys  of  the  diti'erent  states, 
etc.  Instructions  for  taking  depositions,  legal  forms,  the  names  of  one 
or  more  attorneys  and  banks  or  bankers  and  name  of  cashier,  with 
amount  of  paid-up  capital,  in  every  county  that  has  a  trustworthy 
attorney  or  such  bank,  and  the  latest  revised  population  of  every 
town  named.  Also  numerous  ready  reference  tables,  etc.,  etc.,  making 
it  a  convenient  and  reliable  reference  book. 

In  its  preparation  every  care  has  been  used  to  make  it  thor- 
oughly trustworthy  and  reliable. 

The  attorneys  whose  names  appear  herein  have  been  selected  by 
correspondence  and  many  years'  experience  in  the  collection  business, 
and- we  cheertlilly  recommend  them  to  the  business  public. 

While  we  do  not  assume  any  responsibility  for  the  acts  of  others, 
we  will  deem  it  a  favor  if  any  attorney  herein  named  proves  himself 
untrustworthy,  to  have  it  reported.  It  is  our  untiring  aim  to  present 
the  names  of  none  not  thoroughly  reliable. 

We  tender  our  hearty  thanks  to  all  attorneys,  bankers  and  others, 
wlio  extended  us  favors  in  the  preparation  of  this  volume. 

D.  H.  S. 


Entered  according    to  Act  of  Congress,  in  the  year  one  thousand 

eight  Imndred  and  eighty-seven, 

BV  D.  H.  MHOWER8, 

in  the  oflice  of  the  Librarian  of  Congress  at  Washington,  D.  C. 


CALENDAR. 


2S   ►^ 

1            '       VI 

1 

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oo 
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1 

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Jan.     1 

S    3 

4 

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July 

1    2 

3 

8 

9  in 

11 

12 

13 

14 

8    9  10 

11  12 

13 

14 

IR 

16  17 

18 

19 

20 

21 

15 

16  17 

18  19 

20' 

21 

J^a 

513,  fi4 

25 

26 

27 

28 

22 

23  24 

25  2b 

27 

28 

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30 '31 

••>  ; 

29 

30  31 

... 

Feb.  ,    ■ 

1 

2 

3 

4|  Aug. 

1 

2 

3I 

4 

fi 

fi    7 

8 

9 

10 

Ill 

5 

6    7 

8 

9 

10 

11 

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13:14 

15 

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15  16 

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22 

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22  23 

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27  28 

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9 

3    Sep. 
10 

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. . .  1 . . . 
fi    6 

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3    4 

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1213 

14 

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1920 

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17  18 

19  20 

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26  27 

28 

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24:25 

26  27 

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Apr.    1 

2 

3 

4 

5 

6 

7    Oct. 

1 

2 

3    4 

5 

6 

i  8 

9 

10 

11 

12 

13 

14 

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9 

10  11 

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13 

IR 

16 

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20 

21 

14  15  16 

17  18 

19 

20 

n 

23i24 

25 

26 

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28 

21  22  23 

24  25 

26 

27 

on 

sn, 

28  29,30 

31 

May    •.. 

...    1 

2 

3 

4 

5  :    Nov. 

1 

2 

3 

6 

7    8 

9 

10 

11 

12 

4    5 

6 

7 

8 

9 

10 

13 

14  15 

16 

17 

18 

19 

11  12 

13 

1415 

16 

17 

^n 

21  22 

23 

24 

25 

26 

18  19 

20 

21  22 

23 

24 

27 

28  29 

30 

31 

25  26 

27 

28  29 

30 

1 
8 

2    Dec. 

9 

1 

3 

4    fi 

6 

7 

2    3 

4 

5    6 

7 

8 

10 

11  12 

13 

14 

15  16 

9  10 

11 

12  13 

14 

ib 

17 

18  19 

20  21 

22  23 

16  17 

18 

19  20 

21 

22 

124 

25:26 

27  28 

29  30 

23  24 

25 

26  27 

28 

29 

\---\-\-\-\-\ 

30  31 

__ 

— 

r^^ 

'9a 


ADVERTISEMENTS. 


#  THE  STAR  # 

SAFE,  PRACTICAL  AND  FAST. 


NO  HEADERS  OR  DANGEROUS  FALLS.     ALWAYS  FIRST  ON  THE 
ROAD  AND  UP  THE  HILL. 


The  STAR  is  the  only  bicycle  that  combines  in  the  highest  degree  the 
qualities  of  safety,  speed,  and  hill-climbing. 


THE  "SPECIAL"  STAR. 


STRONG  &  GREEN, 

No.   54   North    Fifth   Street,  Philadelphia. 

Also  a  complete  assortment  of 

Children's  Bicycles,  Tricycles  and  Velocipedes. 

SEND  FOR  CATALOGUE.  REPAIRING  A  SPECIALTY. 


10 


CONTENTS  AND  GENERAL  INDEX. 


STATES    AND    TERRITORIES. 


Alabama 

Arizona  Territory    .    . 

Arkansas 

Ualilbrnia 

( 'olorado 

Connecticut  .... 
Dakota  Territory    .    . 

Delaware 

District  of  Columbia 

Florida 

Georgia 

Idaho  Territory   .    .    . 

Illinois 

Indian  Territory  .    .    . 

Indiana       

Iowa 

Kansas 

Kentucky      

Louisiana 

Maine 

Maryland 

Massachusetts  .... 

Michigan 

Minnesota      

Mississippi 

Missouri 

Montana  Territory  .    . 

Nebraska 

Nevada  Territoi'y  .  . 
New  Hampshire  .    .    . 

New  .lersey 

New  Mexico     .... 

New  York 

Nortli  Carolina    .    .    . 

Ohio 

Oregon 

Pennsylvania  ,  .  .  . 
Rhode  Island  .  .  .  . 
South  Carolina     .    .    . 

Teinies.see      

Texas      

Utah  Territory     .    .    . 

Vermont 

Virginia 

Washington  Territory 
West  Virginia  .... 

Wisconsin 

Wyoming  Territory   , 


LAWS 

AND 

FORMS. 

ATTOR- 
NEYS AND 
POPULA- 
TION, 

BANKS 
AND 

BANK- 
ERS, 

PAGE. 

PAGE. 

PAOE. 

17 

37 

39 

40 

51 

51 

53 

69 

72 

73 

84 

87 

88 

108 

110 

111 

133 

125 

13G 

139 

142 

143 

154 

154 

155 

lt)5 

165 

166 

179 

180 

181 

206 

209 

210 

217 

217 

318 

235 

340 

243 

245 

357 

260 

362 

385 

389 

291 

313 

316 

318 

339 

343 

344 

356 

357 

358 

373 

375 

376 

390 

391 

393 

413 

416 

417 

436 

439 

441 

460 

468 

470 

488 

490 

491 

503 

507 

509 

515 

515 

51G 

535 

537 

539 

551 

551 

553 

564 

565 

566 

573 

575 

577 

585 

5HC. 

587 

601 

606 

608 

621 

633 

634 

637 

641 

643 

663 

664 

665 

681 

688 

693 

708 

709 

710 

721 

733 

734 

734 

737 

738 

768 

772 

774 

790 

791 

793 

803 

803 

804 

815 

818 

819 

833 

833 

834 

844 

846 

847 

860 

863 

864 

873 

873 

loa 


CONTENTS  AND  GENERAL  INDEX. 


Dominion  of  Canada.  . 
British  Columbia  .    .    . 

Manitoba 

New  Brunswick     .    .    . 
New  Foundland    .    .    . 

Nova  Scotia 

North  "VW-st  Territory  . 

Ontario 

Prince  Edward's  Island 
Quebec 


LAWS. 


ATTOR- 

np:y8. 


PAGE. 

873 


PAGE. 

887 

887 
887 


872 


880 


888 
890 
890 


Advertisements,  Cards,  etc.,  Front  and  Appendix  to  back  cover   .  I-XXXII 

Banks  and  Bankers 39-872 

Bills  of  Exchange,  Damages  and  Grace  on 15 

Calendar  for  1888 9 

Collections,  The  Terms  for 12a 

Congress,  Members  and  Terms  of  Fiftieth 13a-14 

Foreign  Attorneys 892 

Grace  on  Sight  Drafts,  The  Laws  of 15 

Government,  The  United  States  .   .    .    .' 13 

Index  to  Professional  Cards 11,  lla-12 

Interest,  The  Laws  of 14a 

Notaries  Public  (see  *  in  lists  of  attorneys) 39-890 

Population,  see  lists  of  attorneys 39-890 

Professional  Cards.     Appendix I-XXXII 

Sight  Drafts,  Grace  on  and  Laws  of 15 


11 


INDEX  TO  CARDS  AND  ADVERTISEMENTS. 


STATE. 

TOWN. 

ALA. 

BIRMINGHAM. 

MOBILE. 

MONTGOMERY. 

ARIZONA. 

PRESCOTT. 

AEK. 

LITTLE  ROCK. 

CAL. 

SAN  FRANCISCO. 

COL. 

DENVER. 

CONN. 

HARTFORD. 

NEW  HAVEN. 

DAK. 

BISMARK. 

FORMAN. 

DEL. 

WILMINGTON. 

D.  C. 

WASHINGTON. 

FLA. 

ORLANDO. 

GA. 

MACON. 

ILL. 

CHICAGO. 

NAINIE. 


PAGE. 


PEORIA. 

ROCKFORD. 

EVANSVILLE. 

LA  FAYETTE. 

DES  MOINES. 

SIOUX  CITY. 

TOPEKA. 

LOUISVILLE. 

NEW  ORLEANS. 

PORTLAND. 

BALTIMORE. 

BOSTON. 

DETROIT. 
ST.  PAUL. 
VICKSBURG. 
KANSAS  CITY. 
ST.  LOUIS. 

COLUMBUS. 
LINCOLN. 

VIRGINIA  CITY. 
CONCORD. 
FREEHOLD. 
TRENTON. 
SANTA  FE. 

BROOKLYN. 


John  Vary i 

Hon.  James   Cobbs i 

H.  C.   Bullock xxviii 

E.  M.  Sanford ii 

T.    J.    Olipliant i 

F.  A.  Berlin ii 

Wm.  ir.  II.  Hart i 

Wicklifie   Matthews ii 

Uttord,  Reddin  &  Van  Buren  .    .    .    .  iii 

Stephen  Terry iv 

Wm.  A.  Wrij;ht iv 

F.  V.  Barnes iv 

Hon.  Jas.   II.  Vail iv 

H.  II.   Ward .    .    .  v 

A.  K.  Browne v 

Charles  Bundy v 

John   C.  Starkweather v 

Chanej'^  &  Odlin vi 

James   L.   Anderson vi 

Frank  J.  Crawford vi 

Fry  &  Babb vi 

Philip  A.  Iloyne vii 

Simeon  W.  King viii 

Robert  L.  Lyons viii 

F.  C.  Russell viii 

Cratty  Bros.,  Fuller  &  Gallup  .    .  xxviii 

George  M.  Blake xv 

Hon.  C.  L.  Wedding ix 

George   B.  Chamberlain xxix 

Runnells  &  Walker xxx 

J.   S.   Lothrop ix 

Welch  &  Welch ix 

Horatio  S.  Bright x 

Merrick  &  Merrick x 

Strout,   Gage  &  Strout x 

Harris  J.  Chilton xxx 

Baker  Johnson xxxi 

Wm.  G.  Waitt xi 

Charles  II.  Adams xi 

Bowen,  Douglass  &  Whiting  .    .    .    .  xi 

Frank   E.   Chipman xii 

Shelton  &  Crutcher xii 

Hem-y  H.  Craig xii 

C.  B.  Allen xii 

Paul   F.   Coste xiii 

John  Maefarland xiii 

Stephen  L.  Geisthardt     .....     .  xiii 

Hamilton  &  Trevitt xiii 

J.   W.  Whiteher xiv 

George  M.  Fletcher xiv 

Frank  P.  McDermott xiv 

S.  B.  Hutchinson xv 

W.   B.  Sloan xiv 

Wm.  Breeden xvii 

John  A.  Clary xv 


11a 


INDEX  TO  CARDS  AND  ADVERTISEMENTS. 


STATE. 


N.  Y. 


N.  C. 
OHIO. 


OREGON. 
PA. 


W.  T. 


TOWN. 


NEW  YORK. 

SYRACUSE. 
UTICA. 
RALEIGH. 
CINCINNATI. 

TROY. 

PORTLAND. 

CHESTER. 

ERIE. 

MEADVILLE. 

PHILADELPHIA. 


SCRANTON. 
WILKES  BARRE. 


R.I. 

PROVIDENCE. 

S.  c. 

CHARLESTON. 

EDGEFIELD. 

TENN. 

CHATTANOOGA. 

TEX. 

SAN  ANTONIO. 

UTAH. 

SALT  LAKE  CITY 

VA. 

RICHMOND. 

NAME. 


PAGE. 


WALLA  WALLA. 


Halbert  &  Millard xvi 

Theo.  R.  Shear xvi 

Smith,  Kellogg  &  Wells xxii 

Henry  A.  Doolittle xvi 

Jno.  W.  Hinsdale xv 

C.  H.  Blackburn xvii 

Orris  P.  Cobb xvii 

J.  A.  Davy xvii 

Stewart  B.  Linthicuni xviii 

Orlando  Harvey xviii 

Allen  &  Rosenzweig xviii 

Pearson  Church xxix 

Harry  C.  Flood xviii 

J.  P.  Braselman la 

Samuel  H.  Bruntzinghofter  ....  xxx 

Lawrence  E.  Brown 2 

Buzby,  Shallcross  &  Pyle xix 

Francis  E.  Bucher xix 

Richard  Caddbury xxxii 

Edward  H.  Cloud xx 

J.  Walter  Douglass xix 

Jno.  W.  Francis 6 

John  Heiiis 5a 

A.  C.  Hotfmeister  .  opp.  inside  b'k  cover 

Howson  &  Howson xxx 

John  F.  Keator xxi 

Theo.  Leonhardt  &  Son 4a 

Cyrus  R.  Morgan 6a 

F.  P.  F.  Mullins 7 

Nat.  Bank  of  tjie  Republic 2 

Penn  Mutual  Life  Insurance  Com- 
pany   Inside  back  cover 

W.  L.  Showers xxi 

Geo.  L.  Schofield  .  opp.  inside  b'k  cover 

Frank  R.  Shattuck xix 

Starkey  &  Palen 3a 

W.  A.  Stephens xxviii 

Strong  &  Green 9a 

Jno.  Bethell  Uhle xxii 

DeWitt  C.  Williams 7 

Wilson  &  Co 3 

Chas.  L.  Hawley xxii 

Joseph  Moore xxii 

D.  L.  O'Neill xxiii 

T.  C.  Umsted xxiii 

Harrison  A.  McKenney xxiv 

Smythe  &  Lee xxiv 

J.  B.  Lanier x 

Creed  F.  Bates xxiv 

Chas.  H.  Mayfield xxiv 

Theodore  Burmester xxv 

A.  B.  Guigon xxv 

Sands  &  Bryan      xxv 

Edgar  Lemman ,   .    .  xxvii 


12 


INDEX  TO  CARDS  AND  ADVERTISEMENTS. 


STATE, 


W.  VA. 
WIS. 
WY.  T. 


TOWN. 


FARMINGTON. 
GRAFTON. 
BEAVER  DAM. 
MILWAUKEE. 
LARAMIE  CITY. 


NAME. 


i'AGE. 


W.  W.  Campbell      xxv 

M.  H.  Dent xxvi 

W.  B.  Keeley xxvi 

A.  G.  Weissert xxvi 

Brown,  Blake  &  Arnold xxvii 


12a  TERMS  FOR  COLLECTION. 


TERMS  FOR  COLLECTION. 

1.  On  collections  made  by  a  Single  Demand  or  notice,  3  per  cent, 
will  be  charged. 

2.  When  repeated  demands  are  necessary,  the  following  charges 
will  be  made  on  claims  of  $500  or  under : 

Claims  under  one  year  old, 10   per  cent. 

On  claims  older, 15     "      " 

Claims  collected  by  installments, 15     "      " 

On  claims  over  $500  as  follows : 

On  the  first  $500,  under  one  year  old, 10    per  cent. 

On  excess  to  $1,000    "         "  "        5 

On      "  $5,000  or  more, 2^ 

On  the  first  $500,  over  one  year  old, 15   per  cent. 

On  excess  to  $1,000     "  '<  7i 

On      "  $5,000      "  "  5     per  cent 

3.  Minimum  Fee,  $3.00  in  any  case  unless  claims  are  under  $6.00, 
when  the  charge  is  50  per  cent. 

4.  When  claims  are  entered  bearing  no  date,  or  limited  by 
statute,  the  charges  will  be  according  to  trouble. 

5.  Debts  reported  uncollectible  will  be  subject  to  no  charge 
beyond  a  nominal  office  fee  to  cover  correspondence,  etc. 

6.  These  terms  apply  upon  all  claims  entered  for  collection, 
whether  paid  at  this  office,  paid  direct  to  creditor,  or  when  instruc- 
tions are  received  to  take  no  further  action. 

7.  In  exceptional  cases  not  covered  by  above  terms  special 
arrangements  will  be  made. 

8.  Whenever  a  claim  is  ordered  to  be  sued,  the  client  or  member 
giving  such  order  must  provide  the  necessary  funds  for  costs.  The 
Association  will  assume  no  liability. 

9.  All  collections  subject  to  above  rates,  except  in  localities  or 
Foreign  countries  where  the  rates  are  fixed  by  Bar  Associations  or  law, 
in  which  case  they  govern. 


tTNITEi)    STAfES    GOVERNMENT. 


13 


UNITED    STATES    GOVERNMENT. 


Executive  Department. 

President— Grover    Cleveland,    of  New    York. 

Salary,  8.50,000. 
\'ic-e-Pkesident— [Vacant.]    Salary,  SIO.OOO. 
SECKETARY    OF    STATE— Thonias    F.  Bayard,  of 

Dolaware.    Salary,  «8000. 
SECRETARY  OF  THE  TREASURY— Chas.   F.  Fair- 
child,  of  New  Yorl<:.    Salary,  $8000. 
SECRETARY   OF    War— William    (.;.  Endicott,  of 

.Massachusetts.    Salary,  S8000. 
SECRETARY  OF  THE  Navy— William  C.  Whitney, 

of  New  York.    Salary,  SSOOO. 
I'ostmaster-Gexerai.- Don    M.    Dickinson,   of 

.Michigan.    Salary,  S*>00(J. 
."■Secretary  of  the  Interior— William  F.  Vilas, 

of  Wisconsin.    Salary,  SiSmX). 
Attorxey-General— Augustus  H.  Garland,  of 

Arkansas.    Salary,  akSOno. 

COJIMIS.SIONER  OF    THE  GENERAL  LAND    OFFICE 

—  \V.  A.  .1.  Sparks,  of  Illinois.    Salary,  $4000. 

Co.MMis-SiONER  OF  PATENTS— Benton  J.  Hall,  of 
Iowa.    Salary,  34o00. 

Commissioner  of  Pensions— J.  C.  Black,  of  Illi- 
nois.   Salary,  s-JOUO. 

Commissioner  OF  Agriculture— N.  J.  Colman, 
of  .Missouri.    Salary,  ?4500. 

Comptroller  of  the  Currency— VVm.  L.  Tren- 
holm.    Salary,  SoOOO. 

Commissioner  of  Indian  Affairs— J.  D.  C. 
Atkins,  of  Tennessee.    Salary,  SJOOO. 

Treasurer  of  the  United  states — James  W. 
Hyatt,  of  Connecticut.    Salary,  SliOlHi. 

Commissioner  of  Internal  Revenue— .loseph 
S.  Miller,  of  West  Virginia.    Salary,  SHOOO. 

Register  of  the  Tre.^sury — W.  S.  Rosecrans, 
of  California.    Salary,  $4000. 

.Solicitor-General — Geo.  A.  Jenks,  of  Pennsyl- 
vania.   Salary,  S7000. 

CO.M.MissiONER  OF  CUSTOM.S— Joh n  S.  McCalmoiit, 
of  Pennsylvania.    Salary,  $4000. 


The  Judiciary. 

United  Slates  Supreme  Court. 

Chief  Justice,  Morrison  R.  Waits,  of  Ohio. 
Appointed  1874.    Salary,  810,500. 

There  are  eight  Associate  Justices,  who  each 
receive  $10,000  a  j'ear  salary.  Their  names  with 
date  of  Appointment,  follow :  Samuel  F.  JMiller, 
Iowa,  (1862);  Stephen  J.  Field,  California,  (1868); 
Joseph  P.  Bradley,  New  Jersey,  (1870);  John  M. 
Harlan,  Kentucky,  (1877)  ;  Sianlev  Matthews, 
Ohio,  (1881);  Horace  Gray,  Ma.ssachusetts,  (1881); 
Samuel  Blatchtord,  New  York,  (1882i;  Lucius  Q. 
C.  Lamar,  Mississippi,  ^887).  Clerk,  James  H. 
McKenuey. 

United  States  Circuit  Court. 

First  .Tudicial  Ct;'C!a7— Mr.  Justice  Gray,  of  Boston. 

Districts  of  Maine,  New  Hampshire,  Massachu- 
setts, and  Rhode  Island. 

Circuit  Judge,  LeBaron  B.  Colt,  Rhode  Island. 
Second. Tudicial  Circuit— Mr .  Justice  Blatchford,  of 

New  York.    Districts  of  Vermont,  Connecticut, 

and  New  York. 

Circuit  Judge,  Wm.  J.  Wallace,  New  York. 
Third  Judicial   Circuit — Mr.   Justice    Bradley,    of 

Newark.  Districts  of  New  Jersey,  Pennsylvania, 

and  Delaware. 


Circuit  Judge,   William  McKennan,   Washing- 
ton, Pa. 
Fourth  Judicial  Circuit — Mr.  Chief  Justice  Waite. 

Districts  in  Maryland,  West  Virginia,  Virginia, 

North  Carolina,  and  South  Carolina. 

Circuit  Judge,  Hugh  L.  Bond,  Baltimore. 
Fifth  Judir-iat  Circuit— L.  Q.  C.  Lamar,  of  Missif^- 

sippl.    Districts  of  Georgia,  Florida,  Alabama. 

Mississippi,  Ijouisiana  and  Texas, 

Circuit  Judge,  Don  A.  Pardee,  New  Orleans,  La. 
Sixth  Judicial  Circuit— ytr.  Justice  Matthews,  of 

Cincinnati.    Districts  of  Ohio,  Michigan,  Ken- 
tucky, and  Tennessee. 

Circuit  Judge,  Howell  E.  Jackson,  Nashville. 

Tenn. 
Seventh  Judicial   Circuit — Mr.   Justice  Harlan,  of 

Louisville,  Ky.    Districts  of  Indiana,  Illinois, 

and  Wisconsin. 

Circuit  Judge,  Walter  Q.  Gresham,  Chicago,  111. 
Fifihlh    .Judicial    Circuit — Mr.    Justice    Miller,   of 

Keokuk,  Iowa.     Districts  of  Minnesota,  Iowa, 

Missouri,  Kansas,  Arkansas,  and  Nebraska. 

Circuit  Judge,  David  J.  Brewer,  Kansas. 
yinth  .fudicial  Circuit — Mr.  Justice  Field,  of  Sail 

Francisco,  Cal.    Districts  of  California,  Oregon, 

and  Nevada. 

Circuit  Judge,  Lorenzo  Sawyer,  San  Francisco, 

Cal. 

United  States  Court  of  Claims. 

Chief  Justice,  William  A.  Richardson,  Massachu- 
setts. 
Judge,  Charles  C.  Nott,  New  York. 

"      John  Davis,  Massachusetts. 

"       Glenni  W.  .Schotield.  Pennsylvania. 

"       Lawrence  Weldon,  Illinois. 
Chief  Clerk,  Archibald  Hopkins. 
Assi.Hant  Clerk,  John  Randolph. 


The  United  States  Army. 

LiriUenant-General—PhWip  H.  Sheridan. 
Major  General — John  M.  Schotield. 
Alfred  H.  Terry. 
"  Oliver  O.  Howard. 

Brigadier  General— George  Crook. 

"  "         Nelson  A.  Miles. 

"  "  David  S.  Stanley. 

"  "         John  Gibbon. 

"  "         Thomas  H.  Ruger. 

"  "         Westley  Merritt. 

Adjutant  General — Richard  C.  Drum. 
Inspector  General — Absalom  Baird. 
Judge  Advocate  Gejieral—G.  N.  Lleber  (acting). 
Qua)-termnstcr  General — Sam'l  B.  Holabird. 
Cornmi/isari/  (reneral — Robert  Macfeely. 
Surgeon  General — John  Moore, 
Paymaster  General — William  B.  Rochester. 
Chief  of  Fngineers—Jamea  C.  Duane. 
Chief  of  Ordnance — .Stephen  V.  Benet. 
Chief  Signal  Ojfficei- — Adolphus  W.  Greely. 


The  United  States  Navy. 

.4rfj(m-a7— David  D.  Porter. 

Vice  Admirul—Htephen  C.  Rowan. 

Rear  Admiral— Stephen  B   Luce. 

"  James  E.  Jouett. 

"  Ralph  Chandler. 

"  L.  A.  Kimberley. 

"  Bancroft  Gherardi. 

"  Daniel  L.  Braine. 

Acting  Rear  Admiral— James  A.  Greer. 


13a 


i^HE  FIFTIETH  CONGEESS. 


THE    FIFTIETH    CONGRESS. 

3Ieets  First  Monday  in  December,  1SS7. 


Senate. 


ALABAMA. 

1891  Jas  L  Pugh,  D 
1889  Jno  T  Morgan,  D 

AEKANSAS. 

1891  Jas  K  Jones,  D 
1889  Thos  W  Berry,  D 

CALIFORNIA. 

1891  L  Stanford,  R 
189;^  Geo  Hearst,  D 

COLORADO. 

1891  H  M  Teller.  H 
1889  Thos  M  Bowen,  R 

CONNECTICUT. 

1891  Orville  H  Piatt,  R 
1893  Jos  R  Hawley,  R 

DELAWARE. 

1889  Eli  Saulsbury,  D 
189a  Geo  Gray,  D 

FLORIDA. 

1891  Wilson  Call,  D 
1893  J  J  Finley,  Z)^t 

GEORGIA. 

1861  Jos  E  Brown,  D 
1889  A  H  Colquitt,  D 

ILLINOIS. 

1891  C  B  FarwelLi?* 
1889  S  M  Cullom,  R 

INDIANA. 

1891  D  W  Voorhees,  D 
1893  David  Turpie,  Jj* 


IOWA. 

1891  W  B  Allison,  R 
1889  Jas  F  Wilson,  R 

KANSAS. 

1891  J  J  ingalls,  R 
1889  P  B  Plumb,  R 

KENTUCKY. 

1891  J  C  S  Blackburn  D 
1889  Jas  B  Beck,  D 

LOUISIANA. 

1891  J  B  Eustis,  D 
1889  R  L  Gibson,  D 

MAINE. 

1893  Eugene  Hale,  R 
1889  Wni  P  Frye,  R 

MARYLAND. 

1891  E  K  Wilson,  D 
1893  A  P  Gorman,  D 

MASSACHUSETTS. 

1893  Henry  L  Dawes,  R 
1889  Geo  F  Hoar,  R 

MICHIGAN. 

1893  F  B  Stockb'ge,  R* 
1889  T  W  Palmer,  R 

MINNESOTA. 

1893  C  K  Davis,  i2* 
1889  D  M  Sabin,   R 

MISSISSIPPI. 

1893  Jas  Z  George,  D 
1889  Ed  C  Walthall,  D 


MISSOURI. 

1891  George  G  Vest,  D 
1893  F  M  cockrell,  D 

NEBRASKA. 

1893  A  S  Paddock,  R* 
1889  C  F  Manderson,  R 

NEVADA. 

1891  John  P  Jones,  R 
1893  W  M  Stewart,  ij* 

NBW    HAMPSHIRE. 

1891  Henry  VV  Blair,  R 
1889  W  E  Chandler,  R 

NEW   JERSEY. 

1893  RufusBlodgett,/)* 
1889  J  R  McPherson,  D 

NEW    YORK. 

1891  Wm  M  Evarts,  R 
1893  Frank  Hiscock,  R* 

NORTH    CAROLINA. 

1801  Zeb  B  Vance,  D 
1889  M  W  Ransom,  D 

OHIO 

1891  H  B  Payne,  D 
1893  John  Sherman,  R 

OREGON. 

1891  J  H  Mitchell.  R 
1889  Jos  N  Dolph,  R 


PENNSYLVANIA. 

1891  J  D  Cameron,  R 
1893  M  S  Quay,  R^ 

RHODE   IS.LAND. 

1893  N  W  Aldrich,  R 
1889  Jonathan  Chace,  Jff 

SOUTH    CAROLINA. 

1891  Wade  Hampton, A) 
1889  M  C  Butler,  D 

TENNESSEE. 

1893  Wm  B  Bate,  />.* 
1889  Isham  G  Harris,/? 

TEXAS. 

1893  Jno  H  Reftgan,  D* 
1889  Richard  Coke,  D 

VERMONT. 

1891  J  S  Morril,  R 
1893  G  F  Edmunds,  R 

VIRGINIA. 

1893  J  W  Daniel,  D  * 
1889  H  H  Riddleb'g'r, 

WEST   VIRGINIA. 

1893  D  B  Lucas,  J>*f 
1889  John  E  Kenna,  n  « 

WISCONSIN. 

1891  John  C  Spooner,  . 
1893  PhiletusSawyer,ii^ 


Republicans.  .38;  Democrats,  37  ;   Independent,  1 
*  New  members,    f  l^y  Executive  appointment. 


House    of    Representatives. 


ALABAMA. 

1  Jas  T  Jones,  25*  5  JasE  Cobb,  D 

2  Hilary  A  Herbert,  D*  «  Jno  H  Bankhead,  D 

3  Wm  C  Gates,  D*  7  Wm  H  Forney,  D* 

4  A  C  Davidson,  D*  8  Jos  Wheeler,  i»* 

ARKANSAS. 

1  Poindexter  Dunn,  Z>*  4  Jno  H  Rodgers,  /)* 

2  C  R  Breckenridge,  D*   .5  Sam  W.  Peel,  D^ 

3  Thos  C  McRae,  Z>* 

CALIFORNIA. 

1  Chas  A  Garter,  R  4  Wm  W  Morrow,  R* 

2  Marion  Biggs,  D  h  Frank  J  Sullivan,  D 

3  Jos  McKenna./e  *  6  Wm  Vandever,  R 

COLORADO, 

1  Geo  G  Symes,  R* 

CONNECTICUT. 

1  Robt  J  Vance,  J>  3  Chas  A  Ru.ssell,  R 

2  Carlos  French,  D  4  Miles  T  Granger,  D 

DELAWARE. 

1  J  B  Pennington,  D 

FLORIDA. 

1  R  H  M  Davidson,  D      2  Chas  Doughtery,  Z>* 

GEORGIA, 

1  Thos  M  Norwood,  2>*      0  Jas  H  Blount,  D* 

2  Hen  G  Turner,  //  -  -     . 


3  Chas  F  Crisp,  D* 

4  Thos  M  Grimes, y> 

5  Jno  D  Stewart, /> 


7  Jud  C  Clements,  D* 
S  Hen  H  Carlton,  i)* 
!)  .\llcn  D  Candler,  D* 
10  Geo  T  Barnes,  D* 


ILLINOIS. 

1  R  W  Dunham,  fl*  4  (ieo  E  Adams,  R* 

2  Frank  Lawler,  /)*  •">  Alb  J  Hopkins,  ii* 

3  Wm  E  Mason,  R  (i  Robt  R  Hitt,  R* 


7  T  J  Henderson,  iJ* 

8  Ralph  Plumb,  R* 

9  Lewis  E  Pavson,  jB* 

10  Philip  S  Post,  K 

11  William  H  Gest,  R 

12  Geo  A  Anderson,  7? 

13  Wm  M  Springer,  I>* 


14  John  H  Rowell,   R'>- 

15  Jos  G  Cannon,  iJ* 
10  Silas  Z  Landes,  I)* 
17  Edward  Lane,  /) 
l,s  Jehu  Baker,  K 

19  R  WTownshend.   /)* 

20  John  R  Thomas,  B" 


INDIANA. 

1  Alvin  P  Hovev,  R  8  Jas  T  Johnston,  iJ* 

2  John  H  O'Neall,  D  9  Jos  B  Cheadle,  R 

3  Jonas  G  Howard,  D*  10  William  D  Owen,  R' 

4  Wm  S  Holman,  X»*  11  George  W  Steele,  /;* 

5  C  C  Matson,  I)*  12  James  B  White,  R. 

6  Thos  M  Browne,  /?*  13  Benj  F  Shively,  D 

7  Win  D  Bynum,  jD* 


1  John  H  Gear,  R 

2  Walter  I  Hayes,  D 

3  D  B  Henderson.  i2* 

4  Wm  E  Fuller,  ij* 
.5  Daniel  Kerr,  R 

ti  James  B.  Weaver,  D* 


7  Edwin  H  Conger, fi* 
S  A  R  Anderson,  R 
9  .loseph  Lyman,  R* 

10  A  J  Holmes,  R* 

11  Isaac  S  Struble,  R* 


KANSAS. 

.5  J  no  A  Anderson,  R* 

0  E  J  Turner,  R 

7  Samuel  R  Peters,  R* 


1  Edm  N  Morril,  R 

2  E  H  Funston,  ie* 

3  B  W  Perkins,  iJ* 

4  Thomas  Ryan  R* 

KENTUCKY. 

1   William  J  Stone,  D*     7  W  C  P  Brekenr'e,  J>* 


2  Polk  Lattoon,  />* 

3  W  G  Hunter,  R 

4  A  B  Montgomery,  D 
')  Asher  O  Caruth,  D* 
0  John  U  Carlisle,  U* 


8  Jas  B  McCreary,  D* 

9  George  M  Thomas,  R 

10  WraPTaulbee,  Z>* 

11  H  F  Finley,  A' 


THE  FIFTIETH  CONGRESS. 


14 


.John  D.  I-on^,  i»'.* 
Leopold  Morse,  I). 
Pat'k  A.  Collins,  7>.  = 
Edw.  I).  Hivyden,  7e.* 
Henry  C.  Lodge,  R 


I>OUISIANA. 

t.  S.  Wilkinson,  />.         4  N.  C.  Blanchard,  /).* 
Matt.  D.  Lagiin,  D.  5  Ch«Tul>.  Newton,  £). 

Edward  J.  Gay,  D*        6  S.  M.  Robertson,  D. 

MAINE. 

Thomas  B.  Reed,  R*      3  Seth  \..  Milliken,  R* 
y.  Dingley,  Jr.,  7?.*         4  Chas.  A.  Boutelle,  R* 

MAKYLAND. 

Chas.  H.  Gibson,  />.*       4  Isidor  Kaynor,  D. 
Frank  T.  Shaw,  />.*         '>  Barnes  Compton,  D.* 
Harry  W.  Rusk,  D*       6  L.  K.  McComas,  i2.* 

MASSACHUSETTS.       ' 

Bol>ertT.  Davis,  R*        7  William  Coggrswell,i;. 
~    '  "  S  Charles  H.  Allen,  A'.* 

9  Edward  Burnett,  J). 

10  .John  Vj   Russell,  D. 

11  Willian  Whiting,  ii'.* 

12  F.  W.  Kockwell,  R* 

MICHIGAN. 

J.  L.  Chapman,  />.  7  .Tnstin  R.  Whiting,  D. 

Ed.  P.  Allen,  R.  S  Tim.  E.  Tarsney,  D. 

.lames  O'Donnell,  Rfi  !)  B.  M.  Cutcheon,  R.* 

J.  C.  Burrows,  R:'  10  Spencer  O.  Fisher,  D.* 

Melburne  H.  Ford.  /;.  11  .Seth  C.  Moflatt,  R* 
Mark  S.  Brewer,  R. 

MINNKSOTA. 

Thomas  Wilson,  D.         4  Edmund  Rice,  D. 
.TohuLind.  R.  5  Knute  Nelsfin,  R.* 

John  L.  McDonald,  1). 

MISSI.SSIPPI. 

.lohn  M.  Allen,  />.*  5  C.  L.  Anderson,  D. 

Jas.  B.  Morgan,  D*  «  Thos.  R.  Stockdale,/'. 

T.  C  Catchings,  /;.*  7  Chas.  T-:.  Hooker,  D. 
Fred.  G.  Barry,  /-». ' 

MISSOUUX. 
Wm.  H.  Hatch,  J)/'  8  John  J.  ONeill.  D  * 

C.  H.  Mansur,  D.  !)  .lohii  M.  Glover,  1).' 

Alex.  M.  Dockerv,  i>.*  10  Martin  L.  Clardy,  /).* 
James  N.  Burnes,  />.*    n  Richard  P.  Bland,  /^." 
William  Warner,  A'.*   12  William  J.  Htone,  />.» 
'  John  T.  Heard,  D.--        l^  W.  H.  Wade,  A'.' 
John  E.  Hutton.  I).*      14  J.  P.  Walker,  D. 

NKBKASKA. 

John  A.  MeSliano,  D.     3  G.  \V.  E.  Dorsey,  i£.* 
James  Laird,  Rfi 

NKVADA. 

Wm.  Woodburn,  Rfi 

Ni;W  HAMPSHIKK. 

L.  F.  McKinney,  D.         2  J.  H.  Gallinger,  Rfi 

NEW  JERSEY. 

George  Hires,  R*  5  Wm.  W.  Phelps,  7e*. 

James  Buchanan,  Rfi-  6  Herman  Lehlbach,i?.* 

John  Kean,  Jr.,  7£  7  Wm.  McAdoo, /).* 
Jas.  N.  Pidcock,  I>fi 


NEW  vo 
Perry  Belmont,  Dfi  IS 
Felix  Camjihell,  Z>.^i=  19 
S.  V.  White,  A'.  20 

Peter  P.  Malioney,  A*21 
Arcli.  M.  Bliss, /A*  22 
A.  .1.  Cummings,  i>.  23 
Lloyd  S.  Price,  1>.  24 

Tim.  J,  Campbell,  Dfi'lb 
S.  S.  Cox,  J>.  26 

Frank  \'.  Spinola,  I).  27 
T.  A.  Merriman,  D  *  28 
Wm.  B.  Coekran,  D.  29 
Ashbel  P.  Fitch,  /?.  ;!0 
W.  c;.  Stahlnecker,/).  31 
Henry  Bacon,  />.*  R2 
Jno.  H.  Ketcham,  i?.*;« 
Steph.  T.  Hopkins,  R.U 


KK. 

Edw.W.Grcenman,  D. 
Charles  Tracy, />. 
George  West.  Rfi 
John  H.  Moffit,  72. 
A.  X.  Parker,  7?.* 
James  W.  Sherman,  7i. 
David  Wilber,  ye. 
James  J.  Belden,  7;. 
Milton  Delano,  R. 
Newt'n  W.Nut'ting,/i*. 
Thomas  S.  Flood,  R. 
Ira  r)a\pnp(>rt,  72* 
Charles  s.  Baker,  72* 
John  (i.  Sawyer,  72.* 
J.  M.  Faniuh'ar,  72.* 
John  B.  Weber,  A*.* 
Wm.  G.  Laidlaw,  R. 


NORTH  CAROLINA. 

1  Louis  C.  Latham,  D.      6  Alf.  W.  Rowland.  D. 


J.  S.  Hendcrstiii,  7).# 
S  W.  H.  H.  Cowlcs,  D.* 
9  Wm.  H.  Malone./f. 


2  J.  H.  Al)bott,  72. 

3  C.  W.  McClamnn  ,  Z> 

4  .John  Nichols,  L. 
6  John  M.  Brower,  R. 

<mio. 

1  Ben.  Butterworth,72.*12  A.  C.  Thompson.  R.* 

2  Charles  F.  Brown,  7?.*  Vi  J.  H.  Outhwait,  D  * 

3  E.  S.  AVilliams,  72.  "' - 

4  S,  S.  Yoder,  D. 

5  George  K.  .Seney,  D. 


6  M.  M.  Bootman,  /2 

7  Jas.  E.  Campbell,  D. 

8  Robt.  P.Kennedy.  72. 

9  Wm.  C.  Cooper,  /ifi 
10  Jacob  Romels,  a  fi- 
ll Jacob  J.  Pugsley,  R. 

OREGON. 

1  Binger  Herman,  Ti'.-- 

PENNSYLVANIA. 


14  C.  H.  (irosvenor,  /\.* 

15  Beriah  Wilkins,  />.* 

16  C.P.  WicUliani,  A\ 

17  .Joseph  I).  Taylor,  72  • 

18  (ierjrge  W.  Crou.'^o,  R. 

19  EzraB.  Tavlor,  72  * 

20  Wm.  McKinley  Jr./2  * 

21  Martin  A.  Foran,  1).* 


E.  S.  Osborne.  72.* 

1  H.  H.Bingham,  72.* 

2  Charles  O'Neill.  72.*. 

3  .Sam'l  J.  Randall.  Ji 

4  Wm.  D.  Kelley,  /2  * 
.5  Alfred  C.  Harmer 
6  H.  Darlington,  /2, 


14  Franklin  Bound,  /?.* 

15  Frank  C.  Bnnicll,  72* 
IH  H.  C.  McCorinicU.72. 
17  P:dward  Scull.  72. 
IS  Louis  E.  Atkinson,  R. 

72.*19  Levi  :Maisli,  D. 
20  John  Pat  ton,  R. 


7  Robert  M.  Yardley,  72.21  Welty  McCnlloiifib  72 
S  D.  Ermentrout.  TJfi       22  John  Dalzell   .72 
9  Jno.  A   Heistand,  72.*2;5  Thos.  .M.  Bavnc.  R.* 
To  Wm.  H.  Sowden, />(.*  24   Oscar  L.  Jackson    R.* 

11  Chas.  R.  Buekalew,  2).25  .James  T.  Matlett,  72 

12  John  Lynch,  D.  2(>  Norman  Hall,  /). 

13  Cha.s.  N.  Brumm,  72.*  27  William  L.  Scott,/).* 

RHODE  ISI.ANJJ. 

1   Henry  .J.  Spoonei-,  72.*  2  Warren  O.  Arnold,  72. 

SOCTH    CAROLINA. 

1  Samuel  Dibble,  J)fi  5  Jolm  J.  Hemphill  J).  * 

2  (jfeo.  D.  Tillnian,  J)fi  (i  <  icorge  W.  DargaiiX>.  * 

3  .lames  S.  Cothran,7>i.  7  William  Elliott,  l>.* 

4  William  H.  Perry,  D. 

TENNESSEE. 

1  Roder'k  R.  Butle)-.  R  (>  J.  E.  Washington.  J) 

•2  heonC.  Honk,  72.»  7  W.  C.  Whitthornc.  J>. 

3  John  K.  Neal,  Dfi  8  Ben.jamin  A.Enloe.A). 

4  Benton  Mc:Millin,  D*  9  Presley  T.  Glass.  />.* 

0  .1.  D.  Richardson,  7A*  10  .Tames  Phelau,X>. 

TEXAS. 

1  Charles  Stewart,  7^.*  7  William  H.  Crain,  /).* 

2  .John  H.  Reagan,  Jj*  8  L.  W.  Moore,  U 

3  C.  n   Kiluore,  D.  9  Roger  Q.  Mills,  A* 

4  D.  B.  Culberson,  Dfi  10  Joseph  D.  Savers,  J).* 

5  Silas  Hare,  I).  US.  W.  T.  Lanham,  D.* 

6  Joseph  Al>bott,  D. 

VERSION  T. 

1  John  W.  Stewart,  .V.*   2  Wm.  W.  Grout.  72.* 

VIRGINIA. 

1  T.  H.  B.  Brown,  72.  (I  Saml  G.  Hopkins.  L. 

2  George  E  Bowden.  R.    7  C.  T.  O'Ferrall.  75.* 


3  George  D.  AV^ise.  Dfi 

4  W.  E.  Gaines,  72. 

5  John  R.  Brown,  72. 


8  W.  H.  F.  J-ee,  D. 

9  H.  C.  Bowen,  R. 
10  Jacob  Yost,  72. 


WEST  VIR{;iNIA. 

1  Nathan  (TOtt",  Jr.,  72.*    3  Charles  P.  Snyder7>.# 

2  W.  L.  Wilson,  D,*  4  Charles  E.  Hogg,  D. 

WISCONSIN. 

1  Lucien  B  Caswell. 72.*  «  Charles  B.  Clark,  R. 

2  Richard  (Uientlier.  72.  7  (>.  15.  Thomas,  72  * 

3  R.  M.  LaFolIette,  R.*     8  William  T.  Price,  72.t 

4  Henry  Smith,  7..  9  Isaac  Stephenson,  R.* 
0  Thomas  R.  Hudd,  D.* 

Whole  number  .  .  .  325 
Republicans  .... 

Democrats 

Labor 


.1.5« 
.Itii 


14a 


LAWS   OF    INTEREST. 

Laws   regarding  Legal  and  Special   Interest,  and   Penalty  for   Usury. 


States  and  Tekritories. 


Alabama 

Arizona   Territory  . 

Arkansas 

California 

Colorado 

Connecticut  .... 
Dakota  Territory    . 

Delaware 

District  of  Columbia 

Florida 

Georgia 

Idaho  Territory    .    . 


Illinois 
Indiana 
Iowa  . 
Kansas 


Kentucky  .... 

Louisiana  .... 

Elaine 

^laryland  .... 
^Massachusetts  .  . 
Michigan  .... 
^Minnesota  .... 
Mississippi  .  .  . 
Missouri  .... 
^Montana  Territory 
Nebraska   .... 

Nevada  

New  Hampshire  . 
New  Jersey  .  .  . 
New  Mexico  .    .    . 


New  York 

North  Carolina     .    .    . 

Ohio 

Oregon 

Pennsylvania  .... 
Rhode  Island  .... 
South    Carolina   .    .    . 

Tennessee 

Texas  

L'tah   Territory    .    .    . 

Vermont 

Virginia 

^V^ashington   Territory 
West  Virginia  .... 

Wisconsin 

AVj'oniing  Territory    . 


be  t- 


7 
(> 
7 

10 
6 
7 
G 
6 
8 
7 

10 

6 
0 
6 


6 
G 
(j 

7 
7 
6 
G 

10 
7 

10 
G 
G 


G 
6 
6 
8 
(> 
6 
7 
6 
8 

10 
G 
l> 

10 
G 


cS    a 

i_, 

•3  2 

^H 

®  o 

Ol 

O 

P< 

any 
10 
any 
any 

6 
12 

6 
10 
any 

8 
18 

8 
8 

to 

13 
6 

8 

6 

6 
any 
10 
10 
10 
10 
any 
10 
any 

(i 

6 
12 

G 


10 

6 
any 
10 

G 
12 
any 

G 

6 
any 

G 
10 
any 


Penalty  for  Usury. 


Forfeit  all  interest. 

None. 

Forfeit  all  principal  and  interest. 

None, 

None. 

None. 

Forfeit  all  interest. 

Forfeit  principal. 

Forfeit  all  interest. 

None. 

Forfeit  all  excess. 

Forfeit   10    per    cent,  annually  to 

school  fund. 
Forfeit  all  interest. 
Forfeit  excess  of  interest. 
Forfeit  all  interest. 
Excess  of  12  per  cent,    is   applied 

in  liquidation  of  principal. 
Forfeit     all   interest    in  excess   of 

legal  rate. 
Forfeit  all  interest. 
None. 

Forfeit  excess  of  interest. 
None. 

Forfeit  excess  of  7  per  cent. 
Forfeit  principal  and  interest. 
Forfeit  all  interest. 
Forfeit  all  interest. 
None. 

Forfeit  all  interest. 
None. 

Forf.  three  times  excess  and  costs. 
Forfeit  of  all  interest  and  costs. 
Usury  law  passed    in  1884    makes 

it  a  misdemeanor. 
Forfeit  of  contract. 
Forfeit  all  int.  Is  a  misdemeanor. 
Forfeit  excess  over  G  per  cent. 
Forfeit  principal  and  interest. 
Forfeit  excess  of  interest. 
None. 

Double  sum  rei^eived. 
Forfeit  debt  and  interest. 
Forfeit  excess  of  interest. 
None. 

Forfeit  excess  of  interest. 
Forfeit  of  all  interest. 
None. 

Forfeit  excess  of  interest. 
Forfeit  all  interest. 
[None. 


15 

LAWS  OF  GRACE  AND  SIGHT  DRAFTS,  AND 

DAMAGES   ON    PROTESTED    BILLS 

OF   EXCHANGE. 


Statk. 


1 

Alabama     .... 

2 

Arizona  Territory. 

3 

Arkansas     .... 

4 

Calitbniia   .... 

5 

Colorado      .... 

6 

Connecticut    .    .    . 

7 

Dakota  Territory  . 

8 

Delaware    .... 

n  Distr't  of  Columbia 

10 

Florida 

11 

Georgia 

12 

Idaho  Territory     . 

i;] 

Illinois 

14 

Indiana 

15 

Iowa 

16  Kansas 

17 

Kentucky    .... 

18  Louisiana    .... 

19 

Maine 

20 

jVIaryland    .... 

21 

Massachusetts   .    . 

22 

Michigan     .... 

23  Minnesota  .... 

24 

Mississippi .... 

25 

Missouri 

26 

Montana  Territory. 

27 

Nebraska    .... 

28 

Nevada    

2!) 

New  Hampshire    . 

;30 

New  Jersey    .    .    . 

31 

New  Mexico  .    .    . 

32 

New  York  .... 

33  North  Carolina  .    . 

34 

Ohio 

35 

Oregon 

36  Pennsylvania     .    . 

37  Rhode  Island  .    .    . 

3S 

South  Carolina  .    . 

35) 

Tennessee  .... 

40  Texas 

41 

Utah  Territory  .    . 

42 

Vermont 

43 

Virginia 

44  Washington  Ter'v 

45 

AVest  Virginia    .    . 

46 

Wisconsin   .... 

47 

Wyoming    .... 

On   Si<iHT   Dii.vKTs. 


Damage*— Protost  Bills. 


Grace  is  all;>wed 

Grace  is  allowed 

No  statute 

No  grace 

No  grace 

Grace  is  allowed 

x\llowed  by  statute  of  1873  .    .    . 

Grace  is  allowed 

Grace  is  allowed 

Grace  is  allowed 

Grace  is  allowed 

No  grace 

Grace  is  allowed 

Grace  is  allowed 

Grace  is  allowed 

Grace  is  allowed 

Grace  is  allowed 

Grace  is  allowed 

Grace  is  allowed 

Grace  not  allowed 

Grace  is  allowed 

Grace  is  allowed 

6i"ace  allowed  by  custom  .... 
Grace  allowed  by  custi>m  .  .  . 
Grace  not  allowed  by  custom  .  . 
Grace  allowed  by  custom  .... 
(xrace  allowed  by  statute  .... 

Grace  is  allowed 

Grace  is  allowed  . 

Grace  is  allowed 

No  gviicc 

Grace  not  allowed 

Grace  is  allowed •    .    . 

Grace  is  allowed 

Grace  is  allowed 

Grace  is  alloweil 

(irace  is  allowed 

Grace  is  allowed 

Grace  is  allowed 

Grace  is  allowed  • 

No  grace 

Grace  is  allowed 

Grace  not  allowed  by  statute,  187: 

Grace  allowed  by  law 

Grace  is  allowed 

Grace  allowed.  K.  8..  1841>,  ]..  263 
Grace  allowed  by  custom  .    .    .    . 


DOMESTIC.    FOREIGN 


S  g  si, 

O    >    cS 

li:  2  ^  ^ 

^^•^  °  ^ 
cuoz;  £3  2 

-a  >°  ^ 
•w  -  k 
c  .!2  "^  Oi 

r  ts  'S!  s 

cy  ■"  p  5 

^^^  ^g 
tJO-S  — 

o    S    "!    ^ 


.IJ  ~ 


O    S  ^ 


j9  o  J;  ^ 

o  2  P  ° 

♦J  r    rt  "? 

.<2  u  '■"  1-1* 

>£    O    uj  «9, 

§    "-5  ? 

"  •-  c  2 

^^t  ■ 

-    (U    C  «J 


W 


t3  u  g  « 

^  o 

^  ti  Si  ^ 
rS  5  "S  2 

1>    O  •?  --; 

O    U>-'   O 
'^■~    '^Z 

o  y   o  - 


tjoo  515^ 

n!    ITS  ^     — 


^  o 


10 


20 


10 

5  to  15 

10 


10 
None. 


15 


10 
20 


10 

10  (0;   20 


10 
10 
12 


16 


ERRORS  AND  OMISSIONS   CORRECTED. 


TOWN. 


Alabama 
Arkansas 


Dakota 
Georgia 


Maine 
Michigan 
Missouri 
New  Jersey 
Pennsylvania 


South  Carolina 
Virginia 


Wyoming 


Montgomery. 
Camden.    .    . 


Hot  Springs.    • 
Jonesboro     .    . 
Langdon    .    . 
Atlanta      .    . 
Columbus     . 
Morgan ... 
Portland   .   . 
Grand  Rapids 
Princeton  .    . 
Woodbury    . 
Chester      .    . 


Erie    .... 

Philadelphia 

West  Chester 
Aiken  .  .  . 
Br3utsville  . 
Richmond .  . 
Rawlins.    .    . 


J.  T.  Holtzclaw. 

W.  T.  Martin.  Refers  to  Dr.  J.  W. 
Brown,  Col.  T.  R.  Thornton,  Camden, 
Ark.  Will  practice  in  the  counties  of 
Ouachita  and  Calhoun.  Strict  attention 
to  collections. 

L.  Leatherman. 

J.  C.  Brookfield. 

B.  Errickson. 

Alexander  &  Turnbull. 

Gary  J.  Thornton. 

D.  B.  Day. 

tStrout,  Gage  &  Strout. 

Boltwood  &  Boltwood. 

iHyde  &  Orton. 

Jos.  J.  Summerill. 

Orlando  Harvey. 

(See  card  in  Appendix  xviii.) 

Allen  &  Rosenzweig. 

(See  card  in  Appendix  xviii.) 

Wm.  L.  Showers. 

(See  card  in  Appendixxi.) 

Geo.  B.  Johnston. 

G.  W.  Croft. 

Meredith  (E.  E.)  &  Thornton  (J.  B.  T.) 
t  Sands  &  Bryan. 

Z.  T.  Brown. 

f  is  an  error,  should  be  ^;, 


STATE  OF 
SUMMARY   OF 

CoLLBCTioN    Laws. 

CoTJKT  Calendar,  Instructions  for  taking  Depositions,  Legal  Forms,  Etc. 
Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "Showers' 
Legal  Directory  and  Merchants'  Guide,"  for  1888,  by 
J.  CoBBS,  OF  the  Mobile  Bar. 

Acknowledgments — And  proofs  of  conveyances  may  be  taken  by  judges 
of  the  supreme  aud  circuit  courts  and  their  clerks,  chancellors  and  registers 
in  chancery,  judges  of  probate  courts,  justices  of  the  peace  and  notaries.  In 
other  states  they  must  be  taken  by  judges  and  clerks  of  any  federal  court  or 
court  of  record,  notaries  public  and  commissioners  appointed  by  the  gover- 
nor of  this  state.  If  out  of  the  United  States,  by  the  judge  of  any  court  of 
record,  mayor  or  chief  magistrate,  or  any  diplomatic  or  consular  agent. 

Form,  of  Acknotcledgment. 
State  of  Alabama,  ) 

County  of ,      \     ' 

I  (name  and  style  of  officer)  hereby  certify  that and ,  his  wife, 

who  are  known  to  me,  acknowledged  before  me  this  day  that,  being  informed 
of  the  contents  of  the  foregoing  conveyance,  they  executed  the  same,  volun- 
tarily, on  the  day  the  same  bears  date. 

Given  under  my  hand  this day  of ,  A.  D.  18 — . 

{Signature  and  title  of  officer) 

Actions. — Every  action  founded  upon  a  contract,  express  or  implied,  must 
be  prosecuted  in  the  name  of  the  party  really  interested,  whether  he  have 
the  legal  title  or  not,  subject  to  any  defense  the  debtor  may  have  had  against 
the  payee  or  creditor  previous  to  notice  of  transfer  ;  but  this  does  not  apply 
to  bills  of  exchange,  or  instruments  payable  in  bank  or  at  a  designated  place 
of  payment,  and  commercial  instruments. 

Administration. — Probate  court,  after  fifteen  days  from  the  death,  grants 
letters,  on  application,  to :  1st.  Husband  or  wife  ;  2nd.  Next  of  kin;  3rd. 
Largest  creditor  ;  4th.  General  administration  for  county,  after  forty  days 
from  death;  5th.  Any  qualified  citizen.  Bond  for  faithful  administration 
is  required  in  double  the  value  of  the  estate.  Claims  duly  proved  by  affida- 
vit are  to  be  presented  to  the  administrator  in  person,  or  filed  in  court,  within 
eighteen  months  after  the  grant  of  letters  or  the  accrual  of  the  claim.  Set- 
tlement and  distribution  may  be  required  after  the  expiration  of  eighteen 
months  succeeding  the  grant  of  letters.  If  the  estate  is  declared  insolvent 
claims  properly  verified  should  be  filed  in  court  within  nine  months  after 
such  declaration,  and  after  this  period  the  court  distributes  to  each  creditor 
his  pro  rata.  The  same  proceedings  are  had  after  the  probate  of  wills,  since 
debts  must  be  paid  before  the  distribution. 

[Ala.  1.] 


18  ALABAMA. 

Affidavits. — Are  made  before  cliaiicellors,  registers  in  chancery,  judges 
and  clerks  of  courts  of  record,  justices  of  the  peace,  notaries  public,  and  the 
presiding  officers  of  tlie  liouse  and  senate.  Tlie  certiticate  need  not  be  under 
seal.  They  may  be  made,  out  of  Alabama,  before  any  commissioner  for 
Alabama,  t]ie  judge  or  clerk  of  a  federal  court,  the  judge  of  any  court  of 
record,  or  a  notary  public  ;  but  they  certify  under  hands  and  seals,  if  any. 
In  either  case  the  certificate  must  show  that  the  deponent,  being  "sworn  to 
speak  the  truth,  the  whole  truth,  and  nothing  bvit  the  truth,  deposeth,"  etc. 
'•That  the  foregoing  itemized  account  is  true  and  correct  and  the  amount 
thereof  is  due  and  unpaid." 

Form  of  Affidavit  for  Proving  Open  Account. 

Before  me  (name  and  style  of  officer),  personally  appears  • — — ,  who, 
being  dvdy  sworn  on  oath,  says  that  the  foregoing  account  is  just  and  true, 
correct  and  unpaid. 

Sworn  to  and  subscribed  before  me,  date.  \ 

{Officer's  signature.)  5 

{Signature  of  affiant.) 

Aliens. — May  bo  naturalized  as  per  acts  of  congress.  See  constitution 
1875,  Art.  1,  Section  86.  Code  1876,  page  180.  Resident  or  non-resident 
may  own  property  in  Alabama  by  purchase,  descent,  or  devise,  as  a  native 
citizen,  and  dispose  of  or  transmit  it  in  like  manner.  Code,  §  28G0.  But 
this  section  does  not  affect  their  rights  acquired  prior  to  February  25,  1875. 
The  alien  devisee  or  next  of  kin  of  any  person  dying  in  this  state  may  in- 
herit to  the  exclusion  of  the  state  or  to  more  remote  or  naturalized  heirs  of 
the  deceased;  but  this  does  not  retract  so  as  to  divest  title  to  property 
already  escheated  to  the  state  by  final  judgment.  Aliens  are  not  permitted 
to  vote  until  they  have  resided  in  the  state  one  year  and  shall  have  filed  their 
declaration  of  intention  preparatory  to  naturalization.  Immigrants  have, 
under  contract  for  wages,  on  the  products  of  their  labor,  a  preferred  lien  en- 
forceable by  law.  They  are  liable  for  breach  of  their  contracts,  and  there  is 
a  lien  on  their  wages  for  abandonment  of  service,  etc.,  without  just  cause. 

Appeals. — From  judgments  final  in  probate,  city,  chancery  and  circuit 
coui'ts,  to  the  supreme  court,  may  be  taken  in  one  year  ;  also  from  judgments 
on  demurrer.  If  taken  from  ruling  on  law  upon  facts  which  would  not  ap- 
pear of  record,  must  be  by  bill  of  exceptions  ;  and  without  bill,  if  to  reverse 
on  errors  of  I'ecord.  Appeals  lie  to  circuit  court  from  commissioners' court 
or  board  of  revenue  to  review  errors  of  law  or  for  want  of  jurisdiction.  From 
justice  of  the  peace  to  city  or  circuit  courts  must  be  taken  within  five  days 
after  judgment.  But  for  good  cause  shown,  may  be  taken  after  the  five 
days  on  petition  for  certiorari  and  supercedeas.  Common  law  certiorari 
brings  up  only  the  record  for  review.  On  other  appeals  from  justices,  the 
■case  is  tried  de  now.  In  some  cases,  civil,  before  justices,  appeal  may  lie  to 
a  jury. 

Arrest. — There  is  here  no  imprisonment  for  debt. 

Assignments. — Are  governed  by  the  common  law,  except  that  a  general 
assifnnnent  by  a  debtor,  by  which  a  preference  is  given  to  one  or  more  over 
the  "remaining  creditors,  shall  be  and  imire  to  the  benefit  of  all  creditors 
equally.  Does  not  embrace  mortgages  given  to  secure  a  debt  contracted  con- 
temporaneously with  the  execution  of  the  mortgage,  and  for  security  of 
which  the  mortgage  was  given.  Proving  claim  under  a  general  assignment 
and  acceptance  of  a  dividend  will  operate  only  pro  tanto  as  a  discharge  of 
the  debtor.  A  general  assignment  for  the  benefit  of  creditors  does  not  de- 
stroy or  impair  the  lien  created  by  the  levy  of  an  attachment  or  lien  of  an 
^execution  issued  from  a  court  of  lecord  prior  to  such  assignment.  There  is 
no  statute  on  the  subject  in  this  state. 
[Ala.  2.] 


ALABAMA.  19 

Attachment. — Process  will  issue  for  the  collection  of  a  debt,  whether  due 
or  not,  tt-)  recover  dania<;<.\s  for  breach  of  contract,  or  where  the  action  is  for 
damages  alone,  upon  affidavit  by  the  creditor  or  his  agent  that  the  debtor 
absconds,  secretes  himself,  or  resides  out  of  the  state,  so  that  the  process 
can  not  bo  served,  or  is  about  to  remove  or  fraudulently  disi^ose  of  his  prop- 
erty, or  fraudulently  withholds  money,  chattels  or  effects.  Plaintiff  must 
give  bond  in  double  the  amount  claimed.  Garnishment  process  will  issuj  iu 
aid  of  attachment  in  all  euch  cases. 

Banks  and  Bankers. — The  general  assembly  can  incorporate  banks  and 
banking  companies.  None  can  take  greater  tlian  eight  per  cent,  on  loans  to 
individuals.  A  lien  on  the  stock  of  a  de))tor  may  be  enforced  by  sale  of  the 
stock  after  thirty  daj's'  notice  to  him  or  his  legal  representatives.  Code,  § 
2040.  Sliares  of  a  stockholder  may  be  reached  by  execution  or  attachment, 
§  55  2041 — 2.  Transfers  of  stock  must  be  entered  on  books.  Under  a  new 
act,  the  probate  court  may  also  allow  banks  and  loan  associations  to  increase 
their  capital  stock  to  not  less  than  $50,000,  and  reorganize  and  do  business. 
See  acts  186G-7,  page  98. 

Bills  of  Exchange  and  Promissory  Notes. — When  payable  in  money  at  a 
designated  place,  are  governed  by  commercial  law\  Other  instruments  payable 
in  money  at  any  bank  or  banking  house.  Are  governed  by  commercial  law, 
as  to  grace,  protest  and  notice.  ISlo  other  contracts  have  grace.  When  pay- 
able on  Christmas,  July  4th,  or  January  1st,  are  due  on  the  day  preceding, 
and  if  that  is  Sunday,  are  payable  on  the  preceding  Saturday.  * 

Those  payable  in  bank,  which  are  negotiated  in  due  course  of  trade,  are 
not  subject  to  any  set-offs  or  defense  between  the  original  parties.  If  taken 
and  held  as  collateral  for  antecedent  indebtedness,  they  are  not  negotiable 
for  value  before  maturity,  and  if  accommodation  paper,  are  subject  to  defence 
of  want  of  consideration. 

Acceptances  are  in  writing  ;  but  drawer  who  refuses  to  return  the  paper, 
accepted  or  unaccepted,  in  twenty-four  hours,  is  deemed  to  have  accejited  it. 
Promise  in  writing  to  accept  is  acceptance. 

Damages  for  non-acceptance  or  non-payment,  five  per  cent,  on  amount 
drawn  for.  Bills  drawn  and  payable  in  Alabama  are  inland  ;  those  drawn  iu 
Alabama,  payable  elsewhere,  are  foreign. 

Bills  of  Lading. — Are  given  by  common  carriers,  showing  condition  of 
goods;  if  not  given,  goods  are  presented  in  good  order,  unless  destroyed  or 
lost.  Rule  is  the  same  in  case  of  warehousemen,  who  give  receipts  showing 
even  the  condition  of  bagging  and  rope  on  cotton. 

Chattel  Mortgages. — Conveyances  of  personal  property  to  secure  debts, 
or  to  provide  indemnity,  are  inoperative  and  void  against  creditors  and  pur- 
chasers without  notice,  until  recorded,  unless  the  proj^erty  is  brought  into  this 
state  subject  to  such  incumbrances,  in  which  case  they  must  be  registered 
within  four  months  ;  and  if  such  property  is  removed  to  a  different  county 
from  that  in  which  the  grantor  resides,  the  conveyance  must  be  recorded 
within  six  months  from  the  removal,  or  it  ceases  to  have  effect  as  to  creditors 
and  purchasers  from  the  grantee  without  notice. 

"Section  2170,  embraces  absolute  conveyances  in  which  is  contained  a  de- 
feasance, which  defeasance  must  be  recorded  also,  to  be  good  against 
creditors." 

Conveyances  of  personal  property  to  secure  debts,  or  for  indemnity,  must 
be  recorded  in  the  county  where  the  grantor  resides,  within  sixty  days  after 
execution.  All  mortgages  of  personal  property  must  be  in  writing,  signed, 
"witnessed  or  acknowledged  before  some  judicial  officer ;  and  also'  in  the 
county  where  the  property  is  at  the  date  of  the  conveyance  ;  if  the  property 
is  removed  to  another  county,  the  conveyance  must  be  again  recorded  within 
six  months  from  such  removal,  in  the  county  to  which  it  is  removed.  (Rev. 
Code,  §  1553  ;  Code  of  Alabama,  §2102). 

[Ala.  3.] 


20  ALABAMA. 

No  renewal  of  chattel  mortgage  is  necessary.  They  may  be  foreclosed  as 
follows  :  1st.  By  selling  the  property  viiider  a  power  of  sale  contained  in  the 
mortgage  ;  2nd.  By  an  action  of  detinue  in  a  court  of  law  having  jurisdiction 
of  the  amount  or  value  of  the  property  to  recover  possession  ;  3rd.  By  bill 
in  equity  for  foreclosure.  The  rights  of  a  mortgagee  can  not  be  affected  by 
the  mortgagor  remaining  in  possession  of  mortgaged  chattels  after  the  law 
day  of  the  mortgage,  except  by  some  act  or  consent  of  the  mortgagee.  All 
the  original  rights  of  the  mortgagee  are  preserved.  The  reservation  of  the 
possession  of  stock  in  trade  and  of  the  right  to  deal  therewith,  is  fraudulent, 
as  against  the  creditors  of  the  mortgagor. 

Claims  against  Decedents'  Estates. — {See  Administrations.') — A  copy  of 
the  claim,  property  verilied,  may  be  filed  in  court  within  eighteen  months 
after  the  grant  of  letters,  and  that  will  be  good  presentment ;  and  after  a 
declaration  of  insolvency,  it  must  be  refiled. 

Infants,  and  persons  of  unsound  mind,  are  allowed  eighteen  months,  after 
their  disability  is  removed,  in  which  to  present  their  claims. 

Conditional  Sales  of  Personal  Property. — May  be  made  and  possession 
delivered,  antl  under  the  agreement  the  bargainer  retains  title  until  the  pur- 
chase money  is  paid.  Such  contract  need  not  be  recorded.  A  conditional 
sale  is  not  a  mortgage,  and  is  good  though  made  by  parole.  A  verbal  mort- 
gage is  void. 

Corporations. — May  be  charged  by  the  general  assembly,  or  by  general 
laws,  on  petition  and  declarations  for  charter  made  to  the  probate  court, 
showing  scope  of  business,  number  and  amount  of  shares  of  stock.  Stock- 
holders are  liable  for  the  liabilities  of  the  corporation,  to  the  extent  of  their 
unpaid  stock. 

They  are  taxable  as  individuals.  Foreign  corporations  doing  business  here, 
must  have  a  i)lace  of  business  and  an  agent  on  whom  to  make  service,  when 
sued.  Their  charter  must  be  filed  in  the  office  of  secretary  of  state  of  Ala- 
bama. When  the  president,  or  other  head  thereof,  secretary,  or  cashier,  or 
managing  agent,  resides  out  of  Alabama,  or  is  unknown,  on  affidavit  of  such 
fact,  service  is  made  on  any  white  person  in  such  corporation's  employ. 

Service  is  made  by  delivering  a  copy  of  the  summons  and  complaint. 

General  or  special  laws  are  subject  to  future  legislation.  See  Act  '86-7,  p. 
102. 

Costs. — Security  for  must  be  given  by  corporations  suing,  and  by  non-resi- 
dents, either  on  commencing  suit,  or  on  notice  by  the  court  requiring  it. 

Generally — Costs  are  recovered  by  the  successful  suitor.  The  chancery 
court  may  tax  either  party  with  all  or  any  part  of  costs.  In  damage  suits, 
if  the  verdict  is  for  less  than  fifteen  dollars,  the  successful  party  recovers  no 
more  costs  than  damages,  unless  the  court  certify  that  under  the  proof  the 
jury  should  have  given  greater  damages.  The  plaintiff,  in  city  or  circuit 
courts,  is  taxed  with  the  costs,  if  herecover  a  less  amount  than  $50,  unless  this 
was  reduced  by  set-off,  etc.  Non-residents,  in  order  to  secure  early  judg- 
ment, should  give  security,  or  deposit  money  to  cover  it  in  court. 

The  laws  of  cost  are  penal,  and  no  cost  can  be  taxed  that  are  not  express- 
ly authorized  by  statute. 

No  security  for  costs  can  be  required  of  residents. 

Courts. — Terms  and  Jurisdiction. — Justices  of  the  Peace  have  jurisdiction 
of  debt  up  to  $100 ;  detinue  to  $100  ;  in  damage  suits,  except  for  slander,  to 
$50. 

Probate  Court  has  jurisdiction  of  probate  of  wills,  estates  of  deceased  per- 
sons, business  of  orphans,  partition,  dower,  ad  quod  damnum.  Has  also,  but 
does  not  always  exercise  the  jurisdiction  of  the  county  court.     But  this  is  a 
criminal  jurisdiction  of  all  misdemeanors  except  libel. 
[Ala.  4.] 


ALABAMA. 


21 


Gity  and  Circuit  Courts  have  generally  coucurrent  common  law  jurisdiction, 
where  the  amount  involved  is  $30  or  more.  They  have  no  equitable  jurisdic- 
tion, but  have  appellate  jurisdiction  over  inferior  courts. 

Chancery  Court  hn^i  jurisdiction  over  equitable  matters  ;  trust  administra- 
tions and  partnersliip  settlements  ;  (assigniueuts  are  included  in  trust  ad- 
ministrations) ;  also  of  dower  and  divorce. 


Court  Calendar. — 


UNITED  STATES  COURTS. 


AlabaiU'^  is  divided  into  tiirco  districts,  tlie  Northern,  Middle  and  Rourthern  ;  the 
Nortlicru  District  is  divided  into  two  divisions,  the  Nortlieru  and  Southuru  Divi- 
sions.   Alahania  is  in  tlie  Kiltli  Circuit. 

Norlhorn  DUlrict,  ^)'h  (•ircuif..~('ircuif  Jtidr/p,  Don  A.  Pardee,  New  Orleans.  La.; 
C/erk  Circuit  Court,  A.  W.  Mc("ullougIi,  Iluntsville;  District  J u( I (jc,  John  Bruce,  Mout- 

fomery;  District  Attornci/,  William  H.  Denson,  (iadsden ;  AssiHUmt  District  Attorney. 
lOdawic  A.  Dodds,  Mon tgoniery ;  Clerk  District  Court,  A.  W.  McCuUou sxli,  Huntsvi He ; 
Marshal,  Arthur  11.  Keller,  Huutsville;  liecjister  in  Bankruptcy/,  W.  A.  Wallace, 
Mobile. 

Terms. — Circuit  and  District  Courts,  Northern  Division,  sit  1st  Mon.  April  and  2d 
Mon.  October,  at  Huutsville;  Circuit  and  District  Courts,  Soutliern  Division,  sit  1st 
Mon  March  and  September,  at  I'irminghani. 

Middle  District.iith  Circuit. — Circuit  .Tudf/c,  Don  A.  Pardee,  New  Orleans,  Da. ;  Clerk 
Circuit  Court,  J.  W.  Dimmick,  Montgomery;  District  .Judge,  John  Bruce,  Mont- 
gomery; District  Attorney,  William  II.  Denson  Gadsden;  Clerk  District  Court,  .l.W. 
Dimmick,  Montgomery;  Marshal,  Wm.  W.  Allen,  Montgomery ;  Register  in  Bank- 
ruptcy, J.  V.  McDuffie,  Hayneville. 

rer??i.?.— Circuit  and  District  Courts  sit  1st  Mon.  May  and  Nov.  at  Montgomery. 

Southern  District,  hth  Circuit. — Circuit  .Tudr/e,  Don  A.  Pardee,  New  Orleans,  La. ; 
Clerk  Circuit  Court,  N.  W.  Trimble,  Mobile;  Depnt.i/  Clerk  Circuit  Court,  E.  T.  Broad- 
way. Mobile;  District  Judge,  Harry  T.  Tonlmin,  iVIobile  ;  Cferk  District  Court.  Richard 
Jones,  Mobile;  District  Attorney,  .lohn  D.  Burnett.  Mobile;  .Marshal,  William  W. 
Allen,  Mobile;  Register  in  Bankruptcy,  .lohn  H  Wallace,  Mobile. 

T/Tws.— Circuit  and  District  Courts  sit  1st  Mon.  June  and  4th  Mon.  December,  at 
Mobile. 

STATE  COURTS. 


County. 
Autauga  . 

Baldwin  . 


Barbour 


Seat.  Chancery  Court. 

Prattville,  ,  ,  Thus,   after  4th  Mon.  after 
1st  Wed.  Feb  ,  Sept,,  :i&.  . 

Daphne  .  .  .  .  .3d  Mon.  April,  Nov.,  3d.,  at 
Mobile 


Clayton 


Bibb Centreville. 


Blount  . 
Bullock. 

Butler   . 


Calhoun.  . 
Chanabers 


1st    Mon.    after    4th    Mon. 
March,  September,  Iw..  . 


.  4th    Mon.   after    1st   Wed. 
February,  September,  3d. 


Blountsville  .  4th  Mon.  May,  Nov.,  3d.  .   . 

UnionSpringsThus.  after  1st  Mon.  March, 
September,  3d 

Greenville  .   .  2d  Mon.  January,  July,  Iw. 

.Jacksonville.  .3d  Mon.  April,  (>ctoi)er,  3d. 
Da  Fayette..  .  1st  Wed.  after  2d  Mon.,. Jan., 
July,  4d 


Cherokee.- 
Chilton.. . 


Choctaw 
Clarke.  . 


Centre  . 
Clanton 


.  1st  Mon.  April,  October,  4d. 

.  1st    Thus,     after    3d    Mon. 

March,  September.   3d.  . 


1st  Mon.  April,  Nov.,  .'id. .  . 


Butler.  . 


Grove  Hill. .  .Thus    after  2d  Mon.  April, 
November,  od 


Circuit  Court. 

1st  Mon.  Feb..  Iw.,  4th  Mon. 
July,  2w. 

5th  Mon.  after  4th  Mon. 
March.  9th  Mon.  after  4th 
Mon.  September,  2w.,  at 
Daphne. 

15th  Mon.  after  1st  Moc. 
Feb.,  15th  Mon.  after  2(1 
Mon.  Aug.,  2w.  ;  in  Eu- 
faula  17th  Mon.  after  1st 
Mon.  Feb.,  17th  Mon.  after 
2d  Mon.  Aug.,  3w. 

3d    Mon.    Feb.,    4th    Mon. 

after  Itli  Mon.  July,  Iw. 
7th  after  4th  Mon.  January, 

July,  2w. 

1st     Man.    Feb.,    2d    Mon. 

August,  3w. 
7tl»   Mon.    after   4th    Mon. 

March  and  Sept.,  3w. 
4th  Mon.  January,  July,  3w. 

11th    Mon.  after   4th  Mon. 

F'eb.,  13th  Mon.  after  4th 

IMou.  .July,  2w, 
1st  Mon.  January,  July,  3w. 

3d  Mon.  after  1st  Mon.  Feb., 
5th  Mon.  after  4th  Mon. 
July,  2w. 

4th  Mon.  March,  3d  Mon. 
after  1th  Mon.  Sept.,2w, 

3d     Mon.    after    4th    ISIon. 
March,  fith  Mon.  after  4th 
Mon.  September,  Iw. 
I  Ala.  5.] 


22 

County. 
Clay   .  .  . 

Cleburne. . 

CoflFee  .  .  . 


Colbert.. 
Conecuh 

Coosa   . 


Covington . 
Creasliaw   . 


Cullman 
Dale   .  . 


Dallas  .  .  . 
DeKiilb..  .  . 
Elmore..  .  . 

Esctimbia   . 

Etowah .  .   . 

Fayette .  .  . 

Franklin  .  - 
Geneva  . .  . 

Greene  .  .  . 
Hale  .  .  .  . 
Henry.  .  .  . 
Jackson.  .  . 
Jefferson. .  . 
Lamar  .  .   . 


Lauderdale 
Lawrence   . 


Lee . 


Limestone 


ALABAMA. 

Seat.  Chancery  Court.  Oiruit  Court. 

Ashland.  .  .Thn-2^yth.Ion._April.  ^^^^_  ^^^^_ 

January,  July,  2w. 
Edwardsville.Thus.^er^3_Mon.    April,    ^^^    ^^^  ^^^^_ 

January,  July,  2w. 
Elba 3d  Mon.  March,  Sept.,  3d..     -^^^^-^^l^^Z-l^Z 

August,  Iw. 
Tuscumbia...Thi^.^fter^M   Mon.   Feb.,    3^  j^^„.  .j^reh,  Sept.,  2w. 
Evergreen..  ThusTaaer  1st  Mon.  Jan.,    ^^^    ^^^^^_    ^^^^^    ^^,^    ^^^^^ 

•^"'•^'      March,  2d  ]Mnn.  after  4th 

Mon.  September,  2w. 
Rockford...lst    Mon.    afte^^  ^^^^_    ^^^^^    ^^^    ^^^_ 

Januarj,  juij,  .u  ^^^^  ^  ^^^^^  Mon.  after  4th 

July,  Iw. 
Andalusia.  jTln^s    af^er  3d  Mon.  Jan  ^  ^^      ^^^ 

Butledge...  \     July, -M Mon.  September,  Iw. 

3d  VIou.  March,  Iw;  2d  Mon. 
September,  2w. 

Cullman.  .  .9th    Mon.    after   4tli    Mon. 

February,  August,  4d..  .     6th  ^Mon.^after  Jth^^  Mo^^^ 

/->,„^i-  TVin«  iftpr  ,3d  Mon   March,        4th  Mon.  Sept.,  2w. 

•O^'^'^l- sentember  3d  .  .  .  .     5th  Mon.  after  1st  Mon.  Feb., 

beptemoer.da ^^^^    ^^^^    .^^^^^    2<a  Mou. 

August.  Iw. 

:  ^-t^u^fkT.-  :i?h^^;^nfSchTsept.,  k  .  ^cl^^lom  Fe^-„:- ^      M.m. 

.Brewton.  .  .  1st  Mon.  January,  July,  3d  ^t'WIon^^M.u-ch,  Iw;    4th 

.Gadsden.  .  .3d  Mon.  May  and  Nov.,  Gd..  ^^'jJ^^^^^^'JXA^^-    ^'"'' 

.  Fayetteviile  .  8th  Mon.^  after  4th  Feb.and  ^^^^^^^^  ^^^^^^^  Mon.Feb., 

"       '  August,  2w 

.  Bel  Green.  .  .  3d  Mon.  Feb.,  August,  3d.  .  l«^i^^^[,';!;;-g^J^;"i,t*^    ^*°''- 

.Geneva..  .   ■  ChXS;«/5scretion   20d    g^^^  i^^,,;  .f^eristMon-Fob., 
publication ^^^    ^^^^    ^^^^^   ^^   ^^^^^^ 

August.  Iw. 

.Eutaw  .  .  .  -l^t    ,^.^-•p,-r./!^^r'!■    mh    Mon.  after  4th    Mon. 

Feb.,  Aug.,  3w. 

.Greensboro    ■  ^^^^om  afteM^st  Wec^^^  eth^Mon.^  after    last    Mon. 

.Abbeville    ..4th  Mon.  March,  Sept.,  3d..     3d|oiV  J^eV£>Iori  Fe.,., 

August,  2w. 
.Scottsboro  .   -Sth     >;c>n^  after^^4th_  Mon.    ^^  Mon.  after  4th  Mon.  Jan., 

July,  3w. 
.  Birmingham..llth  Mon.    after   4th    Mon. 

Feb.,  August,  no  hm.t.  .     I'^^^^^^^iyj^^fiim^t. 

•^^— "  V' aVS  3d'"\  ''°"-  3dMon.after4thMon.Feb., 

'        '  August,  2w. 

Florence           4th  Mon   Feb.,  August,  3d  .  1st  Mon.  March,  Sept.,  2w. 

•.Moulton.  .  •'i-h>;«;(,f,«':,«^  ^^«"-  ^^*^^:'  3d  Mon.  after  4th  Mon.  Mar., 

Au^usi,  ou September,  2w. 

.   .Opelika..  .   -Thus  l^.'^ore^jU  Mon  Ma^^^    9th  Mon.  after  Lt  Mon.  Feb., 
teeptemner,  ju ^^^^^    ^^^^    ^^^^^    gd   Mon. 

August,  3w. 

•  -Athens lVb'°Au.^a't'3r     ?'.''"■    7th     Mon.   after    4th    Mon. 

Peb.,  Au„u*i,  .ia March,  8th  Mon.  after  4th 

Mon.  Sept.,  2w. 


[Ala.  6.1 


ALABAMA. 


23 


County. 
Lowndes. . 
Maeou  .  . 


Madison. 

Marengo . 
Marion. . . 

Marshall . 
Mobile  .  . 

Monroe  . . 


Seat.  Chancery  Court. 

Hayneville.  .  Jth  Men.  January,  July,  l\v. 


Tuskeiree. 


4tli   Mon.    after    -Jth   Mon. 
January,  July,  Iw  .  .   .  . 


Huntsville  .  .  3d  Mon.  after  Ith  Mon.  P'eb., 
August,  2w 


Linden. . 


."d  Mon.  March,  Oct.,  Iw 


.  Hamilton.  .  .  Thus,  after  7th  Mon.  after 
4th  Mon.  Feb.,  Aug.,  ad.  . 

.  Guntersville.  .4lh  Mon.  May,  Nov.,  3d, .  . 

.  Mobile  ....  Same  as  Baldwin  county.  . 

.  Monroeville  .  Sits  at  Claiborne, Thus,  after 
1st  Mon.  April,  Nov.,  3d  . 


Montgonicry..Montomery.  .  2d    Mon.    after    4th    Mon. 

Marcli.  September,  3w  .   . 
Morgan..  .  .  Somerville. .  .  Thus.  ;)ftcr  1st  M(jn.  afrer 

4th  Mon.  Feb.,  Aug.,  3d.  . 


Perry  .  .  . 

Pickens  . 
Pike  .  .  . 
Randolph. 

Russell..  . 

Shelby  .  . 
St.  Clair. 


.Marion 3d  Mon.  after  1st  Wed.  Feb., 

September,  l\v 

.  Carrollton  .  .  1st  Wed.  Feb.,  Sept.,  4d.  .  . 

.  Troy 2d  Mon.  March,  Sept.;  Iw.  . 

.  Wedowee.  .  .  4th  Mon.  April,  Oct.,  3d.  .  . 


Scale  .  . 


1st  Mon.  March,  Sept.,  3d. 


.  Columbiana  .  3d  Mon.  March,  Sept.,  3d. 


.  .  Ashville  .  .  .  Thus,    after    2   Mon.    May, 
November,  3d 

Sumter  ....  Jjivingston..  .  4th  Mon.  March,  Oct ,  Iw.  . 

Talladega.  .  .  Talladesra.  .  .  2  Mon.  March,  Sept.,  Gd.  .   . 

Tallapoosa. ..  Dadeville.  .  .Thus,  after  4tli  Mon.  Jan., 

July,  3d 


Tuscaloosa. ..  Tuscaloosa. ..  10th    Mon.  after  4th  Mon. 
Feb.,  August,  3d 

Walker  ....  Jasper  ....  Thus,  after  8th   Mon.  after 

4th  Mon.  Feb..  .Vug.,  3d.  . 

Washington  .  St.  Stephens  .  Same  as  Baldwin  county.  . 


Wilcox Camden  ...  2  Mon.  April,  Nov.,  .3d  .  . 

Winston  .  ;  .  Double  Spr'gs.Same  as  Cullman  county. 


Circuit  Court. 

9th  Mon.  after  last  Mon. 
Feb.,  Aug.,  3w. 

5th  Mon.  after  1st  Mon.  Feb., 
7lh  Mon.  after  4tli  Mon. 
July,  3w. 

2d    Mon.    Jan  ,   12th    Mon. 

after  4th  Mon.  March.  4w. 
1st  Mon.   Mar-h.    4lh  Mon. 

September,  3w. 

2d  Mon  after  4th  Mon.  Mar., 

September,  1  w. 
5th    Mon.    after   4th    Mon. 

.January,  July,  2w. 
7th    Mon.   after    4th    Mon. 

March,    Ihh    Mon.    after 

4tli  Mon.  Sept.,  Sw. 

4th  Mon.  after  4th  Mon. 
:March,  Iw ;  7th  Mon.  after 
4th  Mon.  Sept.,  2w. 

2d  Mon.  June,  Jan.,  no  limit, 

3th  Mon.  after  4th  Mon. 
March,  Sept.,  Iw. 

3d  Mon.  after  last  Mon  .Feb., 

August,  3w. 
11th    Mon.  after    4th   Mon. 

February,  August,  2w. 
4th    Mon.   after    4th    Mon. 

March,  September,  3w. 
131  h    Mon.   after    1st    Mon. 

Feb.,  l.=)th  Mon.  after  4th 

Mon.  Julv,  Iw. 
12th    Mon.   after    1st    Mon. 

Feb.,   iL'th  Mon.    after  2d 

Mon.  August,  3w. 
11th    Mon."  after  4th    Mon. 

January,  July,  2w. 

13th    Mon.   after  4th    Mon. 

•lanuarv,  .July,  2w. 
8th    Mon.  after    4th    Mon. 

Feljruary,  August,  3w. 
4th  Mon.  Jan.,  July,  4w. 

9th  Mon.  after  1st  Mon.  Feb., 
11th  Mon  after  4th  Mon. 
July,  2w. 

6th  Mon.  after  4th  Mon. 
February,  August,  2w. 

3d  Mon.  Feb..  Aug.,  2w. 

2d  M'.n.  after  4th  Mon. 
March,  5th  Mon.  after  4th 
Mon.  September,  Iw. 

12th  Mon.  after  last  Mon. 
February,  Auerust,  3w. 

2d  Mon.  Feb.,  Aug.,  Iw. 


Curtesy. — Br  statute,  husband  is  entitled  to  use  of  deceased  wife's  ves^ 
estate,  during  his  life.  He  may  sell  and  convey  his  life  interest,  and  when  he 
does  not  claim  it  as  homestead,  it  may  be  sold  on  execution  against  him. 

Deeds. — All  persons  imder  no  legal  disability,  may  convey  their  lands  or 
any  interest  therein,  by  deed  in  writing,  attestt'd  by  one  witness  ;  and  incase 
the  conveyor  cannot  write,  by  two  witnesses,  who  must  subscribe  their  names 
as  such. 

A  married  woman  over  eighteen  j'cars  may  join  her  husband  in  a  convey- 
ance, or  if  it  is  of  her  own  property,  and  he  is  a  non-resident,  or  under  two 

[Ala.  7.] 


24  ALABAMA. 

years'  sentence  for  crime,  or  tliey  are  living  separate  and  apart  under  separa- 
tion agreement,  she  may  convey  without  him.  If  they  are  living  together, 
they  must  join,  to  convey  the  v^fife's  separate  estate. 

In  a  sale  of  the  homestead,  the  husband  and  wife  must  join,  and  she  must 
be  examined  separate  and  apart  from  her  husband,  acknowledge  that  her 
joining  in  is  her  own  free  and  voluntary  act,  without  fear,  compulsion,  threats 
or  constraint  of  her  husband,  in  order  for  it  to  be  valid  ;  which  acknowledg- 
ment must  be  certified  by  the  officer  taking  it. 

Deeds  nuist  be  recorded  in  the  probate  court  of  the  county  in  which  the 
land  or  interest  therein  lies. 

Form  of  Warranty  Deed. 

State  of  Alabama,    }  ^^ 
County  of  .   S 

Know  all  men  by  these  presents :  That ,  for  and  in  consideration  of 

the  sura  of  ■  dollars,  to ,  in  hand  paid  by ,  the  receipt  whereof 

•  do  hereby  acknowledge,  have  granted,  bargained  and  sold,  and  by  these 

presents  do  hereby  grant,  bargain,  sell  and  convey  unto  the  said  heirs 

and  assigns,  the  following  described  real  estate  situated  in  the  county  of 
,  and  state  of  Mabama,  to-wit: 

To  have  and  to  hold  the  afore-granted  premises  to  the  said  heirs 

and  assigns  forever.  And do  covenant  with  the  said  heirs  and  as- 
signs, that lawfully  seized  in  fee  of  the  afore-granted  premises  :  that 

free  from  all  encumbrance  ;   that a  good  right  to  sell  and  convey 

the  same  to  the  said heirs  and  assigns  ;  and  that will  warrant  and 

defend  the  premises  to  the  said  heirs  and  assigns  forever,  against  the 

lawful  claims  and  demands  of  all  jiersons. 

In  witness  whereof,  have  hereunto  set  • hand  and  seal,  this,  the 

day   of ,    in  the  year  of  our  Lord,  one  thousand  eight  hundred 

and  eighty . 

Signed,  sealed  and  delivered  in  the  presence  of   )  ^    ^ 

{Officer's  Signature,)  S         ^         -' 

Form  of  Certificate  of  Married  Woman  s  Acknowledgment. 

State  of  Alabama,    } 
County  of  .       ^ 

I, ,  a  notary  public  (or  other  officer  as  the  case  may  be, )  in  and  for 

said  county  atad  state,  hereby  certify  that  on  the day  of ,  18 — ,  came 

before  me,  the  within-named ,  known  (or  made  known)  to  me  to  be  the 

wife  of  the  within-named  ,  who  being  by  me  examined  separate  and 

apart  from  her  husband,  touching  her  signature  to  the  within ,  acknowl- 
edged to  me  that  she  signed  the  saiiie  of  her  own  free  will  and  accord,  and 
without  fear,  constraint  or  threats,  on  the  part  of  her  husband. 

In  witness  whereof,  I  have  hereunto  set  my  hand  on  this day  of 

18—. 

{Signature  and  style  of  officer.) 

■* 

Descent  and  Distribution. — Real  estate,  subject  to  the  payment  of  debts 
and  dower,  descends  as  follows  : 

To  cliilih-en  and  their  descendants,  in  equal  parts.  If  no  children,  nor 
their  descendants,  to  the  brothers  and  sisters  of  the  intestate  and  their  de- 
scendants, in  equal  parts.  If  no  children  nor  their  descendants,  and  no 
brothers  and  sisters  nor  their  descendants,  then  to  the  father,  if  living,  and 
if  he  is  dead  then  to  the  mother.  If  none  of  the  latter,  then  to  the  next  of 
km  to  the  intestate  in  equal  degree  in  equal  jiarts.  If  none  of  the  latter,  to 
[Ala.  8.] 


ALABAMA.  25 

the  husband  or  wife  of  the  intestate,  and  if  no  husband  or  wife,  it  escheats 
to  the  state.  The  lineal  (U'scendants  in  ec^ual  degi-ee  represent  their  ances- 
tor, i.  e.,  the  childi-en  of  a  deceased  child,  brotlier  or  sister,  are  entitled  to 
inherit  in  eciual  parts  tlie  same  share  which  such  deceased  child,  brother  or 
sister  woukl  have  iuiierited  if  living. 

Tlie  degree  of  kindred  is  computed  by  the  civil  hiAV.  No  distinction  is 
made  between  tlie  wliole  and  half  blood  in  the  same  degree,  unless  the  in- 
heritance came  to  the  intestate  by  descent  or  devise  or  gift  from  .'■ome  of  his 
ancestors  :  in  that  case,  those  mitof  tliat  ancestor's  blood  are  excluded  from 
the  inheritance  as  against  those  of  tlie  same  degree.  Postliumous  children 
inherit  as  if  born  in  intestate's  lifetime. 

Depositions. — On  oath  that  a  witness  in  a  civil  cause  is  material  and  re- 
sides more  than  one  hundred  miles  from  the  i)laee  of  trial,  or  out  of  the 
state,  or  that  a  material  part  of  the  plaintilf's  or  defendant's  case  depends 
on  his  testimony  ;  or  is  a  married  woman,  or  that  the  witness  is  unable  from 
age,  infirmity  or  sickness,  to  attend  the  trial ;  or  is  about  to  leave  the  state 
and  will  probably  not  return  till  after  the  trial  ;  or  where  the  witness  is  the 
governor  of  the  state,  the  treasurer,  auditor,  chancellor,  judge,  clerk,  i-egis- 
ter  in  chancery,  or  sheriff  of  a  court  of  record  ;  or  the  president,  director, 
or  other  officer,  of  a  bank  incorporated  in  this  state  ;  or  a  postmaster,  or 
other  officer  of  the  United  States,  or  a  practicing  physician  or  lawyer,  or 
person  employed  on  a  steamboat  or  other  water  craft  or  alxjut  the  engine  or 
other  machinery  of  a  railroad  or  plank  road  or  a  manufactory  ;  or  the  super- 
intendent, secretary,  treasurer,  master  of  I'oad  repairs,  or  conductor  of  a 
railroad;  a  telegraph  operator,  or  school  teacher  actually  engaged  in  teach- 
ing; or  minister  of  tlie  gospel  in  charge  of  a  diocese,  parish,  church,  district 
or  circuit;  the  deposition  of  the  witness  maybe  taken.  After  the  affidavit 
is  filed,  and  on  filing  interrogatories,  cross-interrogatories  may  be  filed  in 
five  days  after  notice  ;  five  days  more  are  allowed  for  rebutting  interroga- 
tories ;  then  tlie  clerk  issues  a  commission,  with  interrogatories  annexed,  to 
any  commissioner  he  appoints — and  he  may  ai)poiiit  any  person  suitable — 
who  causes  the  witness  to  come  before  him,  and  administers  the  oath  to 
speak  the  truth,  the  whole  truth,  and  nothing  but  the  truth;  the  commis- 
sioner reduces  the  answers  to  writing  as  they  under  the  oath  are  given,  and 
certifies  the  same  under  hand  and  seal  to  the  court  issuing  the  commission. 
His  certificate  shows  that  after  he  had  written  the  answers  down,  he  read 
them  over  to  the  witness,  who  approved  and  subscribed  the  same  as  his  tes- 
timony ;  that  the  commissioner  had  personal  knowledge  or  i)roof  of  the 
deponent's  identity  ;  that  he  so  subscribed  it  as  his  testimony  in  the  cause  in 
the  commissioner's  presence ;  and  tliat  the  commissioner  is  not  of  kin  nor 
counsel  to  the  parties  in  the  cause,  and  has  no  interest  in  the  event  of 
the  suit. 

In  taking  the  answei's,  the  commissioner  must  use  the  language  of  the 
witness  as  near  as  may  be,  and  the  certificate  must  show  that  he  has  so  done. 
Depositions  can  be  taken  in  criminal  cases  by  the  consent  of  the  accused. 

Forms  for  taking  Depositions. 

No  particular  form  of  notice  is  required.  Any  proper  writing,  signed  by 
counsel,  requiring  notice  of  time  and  place  of  taking.  This  applies  to  the 
practice  generally  in  use,  in  relation  to  notice,  counsel  using  their  own 
phraseology  to  inform  the  other  side  of  any  desired  fact. 


Deposition  of ,  a  witness  sworn  and  examined  under  and  by  virtue  of 

a  commission  issued  out  of  the court  for county,  state  of  Alabama, 

in  a  certain  cause  therein  depending,  wherein is  ]ilaintiff,  and de- 
fendant.    And  the  said ,  the  witness  named  in  said  commission,  being 

[Ala.  9.] 


26  ALABAMA. 

first  duly  sworn  to  speak  the  truth,  the  whole  truth,  and  nothing  but  the 
truth,  doth  depose  and  say  as  follows  : 

To  tlie  first  interrogatory  he  saith  : 

To  the  second  interrogatory  he  saith  : 

To  the  first  cross-interrogatory  he  saith  : 

When  finished  witness  signs,  and  certificate  of  commissioner  is  added. 

CERTIFICATE   TO   DEPOSITIOKS. 

I,  the  ccmimissioner  named  in  said  commission,  hereby  certify  that  I  caused 

to  come  before  lue,  at ,  t)ie  witness,  ;  that  he  was  duly  sworn  and 

examined,  and  that  his  evidence  was  taken  down,  as  near  as  may  be,  in  his 
own  language  ;  that  it  was  read  over  to  him  and  subscribed  by  him  in  my 
presence ;  that  I  have  personal  knowledge  of  the  ideiitity  of  said  witness  (or 
proof  of  his  identity  has  been  made),  and  that  he  is  the  person  named  in 
said  interrogatories  and  commission  annexed,  and  that  I  am  not  of  counsel 
or  kin  to  any  of  the  parties  to  the  cause,  or  in  any  manner  interested  in  the 

result  of  the  same.     As  witness  my  hand  and  seal,  this  day   of 

A.  D.  18  — . 

Coinmissioner. 

Deposition  is  then  sealed  with  three  seals,  and  commissioner  writes  his 
name  on  each  of  tliese  seals.  Not  only  forms,  but  printed  instructions,  ac- 
company all  commissions  issued  from  the  courts  of  Alabama. 

Divorce. — Chancery  court  has  jurisdiction.  Grounds  are  adultery,  impo- 
tency,  voluntary  abandonment  from  bed  and  board  for  two  years  next  before 
bill  filed,  two  years'  imprisonment  in  penitentiary  on  sentence  for  seven 
years  or  more,  crime  against  nature  with  man  or  beast  before  or  after  mar- 
riage, in  favor  of  wife  for  husband's  habitual  drunkenness  if  not  existing 
and  within  her  knowledge  at  the  marriage,  in  husband's  favor  for  wife's 
pregnancy  at  marriage  without  his  agency  or  knowledge,  in  wife's  favor  for 
husband's  actual  violence  attended  with  danger  to  her  life  or  health  orwhen 
from  his  conduct  there  is  reasonable  apprehension  of  such  violence  against 
her.  During  suit,  court  makes  allowance  out  of  husband's  estate  for  wife's 
support,  regarding  the  estate  and  condition  in  life  of  the  parties.  Divorce 
being  granted,  if  wife  has  no  sei)arate  estate  or  it  is  insufficient  to  maintain 
her,  chancellor  decrees  allowance  for  her  su])port  out  of  husband's  estate, 
considering  its  value,  and  the  family's  condition  in  life  ;  if  granted  for  hus- 
band's misconduct,  the  allowance  is  as  liberal  as  the  estate  and  family  con- 
dition in  life  permits. 

Decree  against  wife  for  her  adultery  bars  her  dower  or  distributive  share 
in  husband's  personal  estate.  Divorce  deprives  husband  of  all  control  over 
wife's  separate  estate.  The  children  are  given  to  either  parent,  regard  being- 
had  to  their  age  and  sex,  and  to  the  jirudence  and  moral  character  of  the 
parent. 

If  the  divorce  is  granted  for  voluntary  abandonment,  complainant  must 
have  resided  in  the  state  three  years  next  before  filing  the  bill. 

Dower. — The  widow  is  dowable  of  all  lands  of  which  the  husband  was 
seized  in  fee  during  the  marriage,  or  which  anotlier  held  in  fee  to  his  use,  or 
to  which  he  had  perfect  eipiity,  having  ])ai(l  ]iurchase  money.  If  husband 
dies  leaving  solvent  estate  but  no  lineal  descendants,  widow  gets  one-half 
his  lands  for  life  ;  if  estate  is  insolvent,  or  he  leaves  lineal  descendants,  she 
gets  one  third  for  life.  Widow  relinquislics  dower  by  joining  her  husband 
in  a  conveyance  attested  by  two  witnesses  or  duly  acknowledged  ;  or  after  a 
conveyance  by  husband,  by  a  written  instrument  so  attested  or  acknow- 
ledged. 

Evidence.— All  ])ersons  are  competejit  witnesses,  except  those  of  unsound 
mind,  cliildren  vnider   ten  not  sulficiently  intelligent  to  relate  the  facts  ac- 
[  Ala.  10.] 


ALABAMA.  27 

curately  or  having  no  proper  sense  of  accountability,  and  Indians,  or  those 
having  lialf  or  more  indian  blood,  in  cases  where  Avhite  persons  are  parties. 
Husband  and  wife  cannot  testify  against  each  other,  neither  during  nor  after 
marriage,  as  to  cunhdential  matters  occurring  during  the  marriage.  Inter- 
est does  not  disqualify;  but  a  party  cannot  testify  against  the  other  to  a 
suit,  as  to  transactions  with  or  statements  made  by  a  deceased  person  wliose 
estate  is  interested,  or  when  such  deceased  at  the  time  of  the  transaction  or 
statement  actad  in  representative  or  fiduciary  relation  to  the  party  against 
whom  the  evidence  is  sought  to  be  introduced.      Code,  §  3058. 

Executions. — Writ  of  fi.  fa.  is  a  lien  only  within  the  county  in  which  it  is 
received  by  the  officer,  on  lands  and  personalty  of  defendant  .'iubject  to  levy 
and  sale,  and  continues  so  long  as  writ  is  regularly  delivered  to  the  sheriff 
without  the  lapse  of  an  entire  term.  Executions  issued  from  circuit  courts 
and  city  courts,  when  the  court  continues  in  session  but  one  week,  within 
ten  days  adjournment,  but  may  be  issued  when  it  continues  two  weeks, 
within  fifteen  days  ;  and  when  it  continues  three  or  more  Aveeks,  within 
twenty  days  ;  justices  after  five  days,  returnable  in  not  less  than  thirty  nor 
more  than  sixty  days.  May  be  issued  instanter  on  affidavit  of  i)laintiff  or 
his  agent  that  he  is  in  danger  of  losing  the  fruits  of  his  judgment.  Execu- 
tion in  sheriffs  hands  when  defendant  dies,  may  be  levied  after  the  death,  or 
alias  may  issue  and  levy  be  made,  provided  no  la^Jse  of  an  entire  term. 
Code,  g  3210. 

Executors. — ( Sec  Administration. ) 

Exemptions. — The  homestead  of  one  hundred  and  sixty  acres  in  the  coun- 
try, or  in  a  city,  town  or  village,  the  lot,  with  dwelling,  etc.,  not  exceeding 
$2,000  in  value,  and  owned  and  occupied  by  any  resident,  or  if  leased  and 
vacated  it  must  n(jt  be  for  a  longer  term  than  one  year.  Exemption  may  be 
waived,  but  wife  must  sign  a  separate  instrument,  and  it  must  be  acknowl- 
edged. Any  person  may,  by  stipulation  in  writing,  waive  whole  or  any  spe- 
cific part  of  exemption  of  personalty,  without  the  consent  of  wife.  Personal 
property  to  the  value  of  $1,000,  selected  by  debtor,  and  wages  to  $35  per 
month,  are  also  exempt.  Widow's  exemption  includes  also,  wearing  apparel, 
family  books  and  pictures,  and  provisions  for  twelve  months.  Exemptions 
to  be  good  against  real  estate  must  be  executed  by  husband  and  wife  on 
separate  papers. 

Factors. — When  selling  or  disposing  of  property  of  others,  factors  who 
refuse,  for  three  days  after  demand  by  the  owner  or  person  for  whom  they 
sell,  his  agent  or  attorney,  to  pay  over  the  proceeds,  may,  on  conviction,  be 
fined  not  over  $1000,  and  imprisoned  in  county  jail  or  sentenced  to  hard  labor 
for  county,  not  more  than  six  months.  Factors  who  take  cotton  from  bale 
with  intent  to  defraud,  or  knowingly  authorize  or  permit  another  to  do  so, 
must  on  conviction,  be  fined  from  650  to  $1000,  and  may  be  imprisoned  in 
county  jail,  or  sentenced  to  hard  labor  for  county,  not  over  twelve  months, 
§  §  4387,  4391.  Those  guilty  of  unlawlul  saraijling  or  removing  cotton,  or 
paying  other  than  money  for  sampling  cotton,  shall,  on  conviction,  be  fined 
$50  to  $1000,  for  each  offense,  half  of  which  goes  to  the  informant,  and 
here  ownership  of  cotton  need  not  be  alleged  or  proved  ;  those  fraudulently 
exhibiting  false  samples  of  cotton,  article  or  commodity,  av hereby  any  one  is 
injured,  must,  on  conviction,  be  fined  not  less  than  $50,  or  sentenced  to  hard 
labor  for  county,  not  over  six  months,  or  so  imprisoned  in  county  jail. 

Those  who  fraudulently  convert  samples  of  cotton  to  their  own  use,  or  re- 
fuse to  deliver  it  on  demand,  to  tlie  owner,  consignee  or  agent,  within  thirty 
days,  unless  it  has  been  destroyed,  stolen,  withovit  his  agency,  or  taken  from 
his  possession  by  legal  process,  must,  on  conviction,  be  fined  $50  to  S500,  and 
may  be  imi>risoned  in  county  jail  or  sentenced  to  hard  labor  for  the  county 
not  over  six  juonths. 

[Ala.  ll.J 


28  ALABAMA. 

raise  Pretence. — Whoever  by  false  pretense  or  token,  and  with  intent  to 
injure  or  defraud,  obtains  any  money,  personal  property,  or  goods,  or  money 
on  credit,  under  false  color  or  pretense  of  carrying  on  business,  or  under 
false  representation  of  his  pecuniary  condition,  with  intent  to  defraud,  or  who 
brings  into  this  state  money,  property,  or  goods,  so  obtained,  shall  on  con- 
viction, be  punished  as  for  stealing  the  same  ;  and  may  be  indicted  and  tried 
in  county  of  his  residence,  or  in  any  into  which  he  brings  or  cavises  to  be 
brought,  such  money,  goods,  or  chattels. 

"Who,  l)y  false  personation  of  another  with  intent  to  injure  or  defraud,  ob- 
tains or  receives  any  property  intended  to  be  delivered  to  the  person  he  per- 
sonates, shall  be  punished,  on  conviction,  as  though  he  bad  stolen  it. 

Anycontractor  or  sub-contractor  who  buys  materials  on  credit,  representing 
that  they  are  to  be  used  in  a  designated  building  or  improvement,  and  uses 
or  suffers  the  same  to  be  used  in  anotlier  building  or  improvement  without 
first  informing  him  from  whom  he  piirchased  them,  or  who  shall  make  false 
or  fraudulent  representation  or  list  to  the  owner,  when  requested  under  Code, 
§  3458,  shall,  on  conviction,  be  fined  not  less  than  $50.  Code,  §§  4370,  4373, 
as  amended  by  Acts  '85,  and  g  4371. 

Frauds,  Statutes  of. — All  deeds  of  gift,  or  conveyances,  transfers,  and 
assignments,  verbal  or  written,  of  goods,  chattels,  or  things  in  action,  made 
in  trust  for  the  use  of  the  person  making  the  same,  are  void  as  against  credi- 
tors, existing  or  subsequent,  of  such  person. 

In  following  cases  every  agreement  is  void  unless  it  or  a  note  or  memo- 
randum of  it,  expressing  the  consideration,  is  in  writing,  subscribed  by  the 
party  to  be  charged,  or  another  thereunto  by  him  lawfully  authorized  in 
writing. 

Every  agreement  by  its  terms  not  to  be  performed  in  a  year  from  its  making; 
special  promise  by  executor  or  administrator  to  answer  damages  out  of  his 
own  estate  ;  special  promise  to  answer  for  debt,  default  or  miscarriage  of 
another ;  every  agreement,  promise,  or  undertaking,  made  in  consideration 
of  marriage  (mutual  promises  to  marry  excepted)  ;  every  contract  for  the 
sale  of  lands,  tenements,  hereditaments,  or  any  interest  therein,  except  leases 
for  not  over  a  year,  unless  the  purchase  money  or  part  of  it  be  paid  and  the 
purchaser  be  put  into  possession  of  the  land  by  the  vendor. 

When  lands,  tenements,  hereditaments,  are  sold  or  leased  at  public  auction, 
and  the  auctioneer,  his  clerk,  or  agent,  makes  a  memorandum  of  the  property 
and  its  price,  sold  or  leased,  the  terms,  name  of  purchaser  or  lessee,  and 
name  of  him  on  whose  account  sold  or  leased,  such  memorandum  is  a  note  of 
the  contract.     §§  2121-2,  Code. 

All  conveyances  or  assignments  made  with  intent  to  hinder,  delay,  defraud 
creditors,  are  void  as  against  creditors  or  purchasers  to  be,  or  against  others 
who  are  injured  thereby. 

Garnislinieilt.— After  siimmons  and  complaint  have  issued,  if  the  plaintiff, 
his  attorney,  or  agent,  makes  affidavit  that  a  i)erson  or  cori^oration  named 
are  supposed  to  be  indebted  to  defendant,  and  that  he  believes  the  process  of 
garnishment  is  necessary  to  secure  payment  of  the  debt  sued  for,  garnish- 
ment may  issue  by  the  clerk  against  such  i^erson  or  corporation,  or  thejilain- 
tiffs'  giving  bond  as  in  attachment  cases. 

On  same  affidavit,  garnishment  may  issue  on  a  judgment  upon  which  exe^ 
cution  can  issue,  returnable  instanter  if  in  term  time,  or,  if  not  in  term  time, 
to  the  next  term,  without  the  giving  of  bond. 

If  garnishment  issues  in  term  time,  returnable  forthwith,  the  garnishee 
must  answer  immediately,  and  judgment  maybe  rendered  on  his  answer  if  he 
admit  indebtedness. 

If  the  garnishee  fail  to  appear,  judgment  nin  goes  against  him.    If  he  fail 
to  answer  at  next  term  after  notice  served,  judgment  is  made  absolute  for 
want  of  answer. 
[Ala.  12.] 


ALABAMA.  29 

If  not  in  term  time,  notice  of  garnishment  issues  to  defendant.     §  §  3218- 
19,  and  Acts  '80-7. 
Attachments  may  by  served  by  sunimouing  garnishee. 

Grace. — (See  Bills  of  Exchange  and  rromissory  Notes.) 

Homestead. — {See  Exemptions.) 

Insolvent  Laws. — There  are  no  insolvent  laws  in  Alabama,  except  as  to 
proceedings  in  insolvent  estates,  for  which  see  administration. 

Interest  and  Usury. — The  legal  rate  of  interest  is  eight  per  cent.  A 
greater  rate,  for  the  loan  of  money  or  forbearance  of  goods,  money,  things  in 
action,  or  on  any  contract  whatsoever,  is  nsvirious  and  pleadable  in  defense. 
If  plea  holds  good,  party  charging  it  forfeits  all  interest,  and  the  other  party 
recovers  full  costs.  §3130.  Usurions  interest  on  a  contract  is  not  recover- 
able ;  if  paid  it  must  be  deducted  from  the  princii^al.     §  2093. 

Any  individual  banker  who  discounts  any  note,  bill  of  exchange  or  draft, 
at  a  higher  rate  than  eight  per  cent,  per  annum,  not  including  the  difference 
of  exchange,  is  guilty  of  a  misdemeanor.     §  4435. 

Judgments  and  decrees  bear  interest  from  the  date  of  rendition,  at  eight 
per  cent,  no  matter  what  rate  was  agreed  on  in  the  contract. 

Where  partial  payments  are  made,  interest  is  paid  first  and  the  balance  of 
the  payment  is  applied  to  the  princii^al. 

Judgments. — Judgments  are  proved  by  a  certified  transcript,  and  are  not 
regulated  by  statute.  Where  service  has  been  perfected  by  leaving  a  coi)y 
of  the  summons  and  complaint  with  the  defendant  twenty  days  or  more 
before  the  return  day  of  the  process,  judgment  may  be  rendered  at  the  first 
term  to  which  the  summons  is  made  returnable,  where  the  contract  sued  on 
was  made  since  the  25th  of  July,  18G5  ;  where  the  contract  sued  on  was  made 
prior  to  such  date,  the  first  term  is  made  the  return  term  ;  the  second,  ijlead- 
ing  or  appearance  term,  and  the  third,  trial  term.  If  the  term  of  the  court 
is  more  than  one  week,  the  defendant  must,  within  the  first  three  days  of  the 
term,  file  plea  or  demurrer  to  the  complaint,  and  the  replication  thereto 
must  be  filed  within  three  days  thereafter,  unless  the  time  is  enlarged  by  or- 
der of  the  court.  If  the  term  is  for  one  week  only,  the  defendant  pleads  in 
the  first  two  days,  and  the  issue  is  made  up  in  the  two  days  succeeding.  In 
justices'  courts,  which  are  not  courts  of  record,  and  which  have  jurisdiction 
in  civil  cases  to  the  amount  of  one  hundred  dollars,  judgment  may  be  had 
after  three  days'  notice,  but  it  must  be  at  a  regular  term. 

If  execution  issued  in  time  prescribed  by  law,  it  can  issue  again  at  any 
time  in  ten  years  after  tests  of  the  last  execution,  without  revival.  If  exe- 
cution does  not  issue  on  the  judgment  or  decree  of  a  chancery,  circuit  or 
probate  court,  in  a  year  after  rendition,  the  judgment  must  be  revived  by 
sci.fa.,  if  defendant  is  resident,  by  publication  if  non-resident.  If  ten  years 
from  the  rendition  have  elapsed  without  issue  of  execution,  or  if  ten  have 
elapsed  without  issue  of  execution,  or  if  ten  have  elapsed  since  the  date  of 
the  last  execution,  the  burden  of  proving  non-satisfaction  rests  on  the  plain- 
tiff. Judgments  cannot  be  revived  after  the  lapse  of  twenty  years  from  ren- 
dition. If  the  plaintiff  dies  and  the  judgment  is  unsatisfied,  execution  may 
issue  in  the  name  of  the  deceased  personal  representative  or  his  successor, 
without  revival.  Judgment  may  be  revived  in  the  name  of  an  assignee  after 
plaintiffs  death.  §3173,  et  seq.  Judgments  are  liens  for  ten  years  when 
certified  copy  of  same  are  recorded  in  the  probate  court  of  the  county  where 
the  property  involved  lies. 

Justices  of  the  Peace. — Two  are  elected  for  each  precinct  in  the  county 
by  qualified  electors.  They  have  civil  jurisdiction  of  detinue  and  debt  not 
exceeding  $100,  in  actions  for  damages  not  over  $50.     They  have  jurisdiction 

[Ala.  13.] 


30  ALABAMA. 

for  the  recovery  of  stolen  or  embezzled  goods  and  of  violation  of  road  laws, 
§  4028.     But  have  no  jurisdiction  of  slander  or  libel. 

The  f-overnor  may  appoint  one  notary  public  for  each  election  precinct  in 
countyf  and  one  for  each  ward  in  cities  of  over  5,000  inhabitants,  with  ex- 
ofBcio  powers  of  justices,  and  they  have  jurisdiction  of  justices  of  the  peace 
in  the  wards  for  which  appointed. 

They  hold  monthly  terms,  fixed  by  themselves,  but  may  in  emergency 
have  i)rocess  returnefl  earlier,  in  which  case  judgment  maybe  rendered  after 
three  days'  notice.  Justices  have  also  jurisdiction  of  forcible  entry  and  un- 
lawful detainer. 

Landlord  and  Tenant.— The  landlord  has  a  preferred  lien  on  crops  of 
tenant  to  secure  payment  of  rent  and  advances  made  for  purpose  of  making 
crop,  and  may  enforce  the  same  by  attachment  when  the  crop  or  a  part  of  it 
is  removed  from  premises  without  his  consent.  Acts,  1882-83,  p.  175,  Code, 
^  3467.  Also  has  lien  on  furniture  and  stored  goods  and  etfectsof  tenant,  for 
payment  of  rent  of  houses.  Acts  1884-5,  p.  131.  The  landlord's  assignee 
has  the  same  rights. 

Leases. — (See  Statute  of  Frauds.) 

License. — Is  required  inider  the  Alabama  revenue  laws,  for  sale  of  liquor 
in  cities,  towns,  on  steamboats  and  other  water  craft.  Must  be  paid  also  by 
compounders  and  rectifiers,  brewers,  pawnbrokers,  peddlers,  itinerant  auc- 
tioneers, keepers  of  bowling  alleys,  billiards,  pool,  bagatelle,  theatres ; 
lichtning-rod  agents,  sewing  machine  companies,  mercantile  agencies,  cir- 
cuses, nienageries,  side  show,  legerdemain  dealers ;  concerts  not  charitable, 
shooting  galleries,  fortune  telling,  skating  rinks,  gypsy  trading,  trading 
boats,  etc.,  etc. 

Liens. — See  Landlord  and  Tenant. — Mechanics,  contractors,  and  every 
person,  including  laborers,  and  employees  of  railroad  comj)anies  and  agri- 
cultural laborers,  blacksmiths,  wood  workmen,  etc.,  have  a  lien  on  whatever 
they  work  on,  for  work  and  labor  done  and  material  furnished.  Code,  pp. 
779-83.  There  is  also  a  lien  on  ships,  steamboats  and  other  water  craft  fur- 
nished, supplied,  or  victualed  within  this  state  for  work  done  and  materials 
furnished,  for  wages  of  master,  laborers,  stevedores,  shipkeepers,  §  3465. 

Limitations  of  Suits  or  Actions. — Of  the  state  against  a  citizen,  for  real 
•or  personal  property,  and  actions  on  judgments  or  decrees  of  state  or  United 
States  courts,  twenty  years.  Actions  on  sealed  contracts,  for  recovery  of 
lands,  etc.,  motions,  etc.,  against  sheriffs,  coroners,  constables,  and  other 
public  officers,  for  non,  mis,  or  malfeasance,  ten  years.  Actions  for  tres- 
pass to  person,  liberty,  or  property,  for  detention  or  conversion  of  personal 
property,  on  unsealed  written  promise,  for  recovery  of  money  loaned  or  on 
stated  or  liquidated  account,  for  arrears  of  rent  on  parol  demise,  for  use  and 
occupation,  motions,  etc.  against  sureties  of  sheriff,  coroner,  constable  or 
any  other  public  officer,  against  sureties  of  executors,  administrators,  guar- 
dians, for  misfeasance  or  malfeasance  of  principal,  against  attorneys-at- 
law,  actions  based  on  any  judgment  before  any  justice  in  Alabama,  ac- 
tions arising  from  simple  contract  or  any  specialty  not  already  mentioned, 
six  years.  Actions  founded  on  equity  oi  redemption,  of  lands  sold  under 
decree  in  chancery,  etc.,  five  years.  Actions  against  surety  to  writ  of  error, 
appeal,  replevin,  or  forthcoming,  bond,  executed  in  any  court  in  the 
United  States,  but  not  of  Alabama,  four  years.  On  open  or  unliquidated  ac- 
count, three  years.  For  wnmgful  act  or  omission  causing  death  of  testator, 
or  intestate,  §2641,  two  years.  For  malicious  prosecution,  criminal  conver- 
sation, seduction,  breach  of  jiromise  of  marriage,  qui  tarn  actions,  for  libel, 
slander,  against  steamboat  or  other  water  craft  commenced  by  attachment, 
for  injury  to  person  or  rights  of  another  not  arising  from  contract;  under 
[Ala.  14.] 


ALABAMA.  31 

§2899  by  father  or  mother  against  corporation  or  private  association  for 
wrongful  act  of  officer  or  agent,  causing  ilcath  of  minor  child,  one  year. 

Where  right  of  entry  exists,  it  is  presumed  to  have  been  exercised ;  the 
right  is  not  tolled  l)y  a  descent  cast.  Time  of  absence  from  state  by  party 
suable,  is  deducted  from  the  time  since  the  action  accruetl.  Tliree  years  are 
allowed  infants,  married  women,  except  as  to  separate  estate,  the  insane,  or 
prisoners  for  crime  for  less  than  life  term,  after  removal  of  disability.  Suits 
barred  in  other  states  for  causes  of  action  accruing  there,  are  barred  in  Ala- 
bama. But  current  accounts  between  merchant  and  merchant,  their  agents 
and  factors,  are  not  limited. 

Time  is  reckoned  from  the  last  item  of  mutual  accounts  between  persons 
not  merchants,  except  where  the  account  is  liquidated  and  a  balance  struck. 
A  partial  payment  before  claim  barred,  or  an  miconditional  promise  in  writ- 
ing, removes  a  bar.  Where  demand  is  necessary,  time  runs  from  act,  etc., 
giving  right  of  action.  In  actions  on  acecmnt  of  fraud,  time  runs  from  dis- 
covery of  fraud.  Six  months  between  death  and  grant  of  letters,  etc.,  are 
not  computed  at  all,  nor  the  six  months  during  which  executors,  etc.,  are 
exempt  frmn  suit. 

Time  for  commencement  of  limitation  of  principal  against  his  deputy  or 
agent,  does  not  accrue  till  liability  of  principal  is  ascertained  by  suit.  And 
the  time  during  which  an  injunction  holds  is  not  computed,  but  when  limi- 
tation once  begins  to  run  it  is  never  suspended,  except  otherwise  expressly 
])rovided  by  statute.  All  disabilities  must  first  cease.  No  civil  action  can 
be  brought  after  twenty  years  from  the  accrual  of  its  cause. 

Limited  Partnerships. — Are  formed  for  mercantile,  mechanical,  manu- 
facturing, but  not  for  banking  or  insurance  purposes.     §2063. 

Special  partners  are  liable  for  concern  debts  only  to  extent  of  funds  put  in 
by  each.  General  partners  are  liable  jointly  and  severally  for  total  partner- 
ship debt.  Latter  alone  manage  the  business  ;  subject  to  inspection  and  indi- 
vidual or  legal  advice,  by  special  partners;  general  alone  sue  and  are  sued. 

To  form,  parties  sign  certificate,  giving  partnership  name  ;  names  of  special 
and  general  partners,  distinguishing  them,  and  giving  their  residences ; 
amount  each  special  partner  puts  in  ;  date  of  commencement  and  termination; 
and  general  nature  of  business.  They  acknowledge  if  before  a  supreme, 
circuit,  or  probate  judge  ;  certificate  and  acknowledgment  are  filed  and  re- 
cordedin  probate  court,  of  county  containing  principal  business  place.  If 
business  places  in  different  counties,  certified  copy  of  certificate  and  ac- 
knowledgment must  be  so  recorded  in  each  such  county. 

At  filing  of  certificate  and  acknowledgment,  one  or  more  general  partners 
file  affidavit  that  each  special  partner  has  in  good  faith  paid  his  subscription 
in  cash.     Till  these  things  done,  no  partnership.     §  2070. 

Any  false  statement  in  certificate  or  affidavit  renders  all  liable  as  general 
partners. 

Terms  of  partnership  are  immediately  published  six  successive  weeks  in 
two  newspapers  named  by  probate  judge  ;  else,  partnership  becomes  general. 
Printer's  affidavits  filed,  evidence  publication. 

Above  rules  govern  renewals  likewise.  Any  alteration  whatever,  without 
renewal,  renders  partnership  general.  Use  of  special  partner's  name  makes 
him  general. 

Special  partner  can  draw  out  only  interest  and  profits  ;  principal  is  never 
reduced,  or  else  is  restored. 

On  insolvency,  etc. ,  no  preference  to  any  creditor  can  be  given  by  assign- 
ment, judgment  suffered,  lien,  credit,  or  security  given.  Such  would  be 
void  ;  and  by  so  doing  or  even  assenting  thereto,  special  partners  become 
general. 

Special  partners  can  not  claim  as  creditors,  in  banckruptcy,  etc.,  till  all 
other  creditors  are  paid. 

Dissolution  before  end  of  term  fixed  is  impossible  without  three  weeks 
publication,  etc.,  in  county  newspaper, 

[Ala.  15.] 


32  ALABAMA. 

Married  Wo  men. — Under  the  acts  of  the  general  assembly  of  1886--7.  a 
mariifcl  woman  is  practically  a  free  dealer. 

All  her  property  held  before  marriage,  or  acquired  thereafter  in  any  manner,, 
is  her  separate  property,  and  not  subject  to  husband's  liabilities.  So  are  her 
earnings,  but  she  is  not  entitled  to  comijensation  for  services  rendered  to  or 
for  her  husband  or  family.  Also,  damages  recovered  for  injury  to  her  person 
or  reputation  are  her  separate  property. 

The  husband  is  not  liable  for  her  engagements  or  debts  made  before  mar- 
riage, or  her  torts  before  marriage,  but  she  is  as  if  sole.  Nor  even  after  mar- 
riage, unless  lie  participate  in  them. 

With  her  husband's  concurrence  or  assent,  in  writing,  she  has  full  capacity 
to  contract  in  writing  as  if  sole. 

She  }nust  sue  alone,  at  law  or  in  equity,  on  all  her  contracts,  or  to  recover 
her  separate  property,  for  injuries  to  it,  its  rents,  incomes  or  profits,  or 
injuries  to  her  person  or  reputation.  And  must  be  sued  as  if  sole,  on  all  her 
contracts,  engagements,  or  for  her  torts. 

If  husband  is  of  sound  mind,  and  has  not  abandoned  her,  or  is  not  non- 
resident of  Alabama,  or  not  imprisoned  vmder  conviction  for  crime  for  over 
two  years,  wife  cannot  alienate  her  lands  or  any  interest  therein,  without  his 
joining,  as  prescribed  for  execution  of  conveyances  of  land.  Otherwise,  she 
can,  as  if  sole.  But  her  personal  property  or  any  part  of  it  may  be  anywise 
disposed  of  by  the  husband  and  wife  by  parole  or  otherwise.  If  he  live  apart 
from  her  without  her  fault,  or  if  he  be  of  unsound  mind,  she  may  dispose  of 
it  as  if  sole. 

They  may  contract  with  each  other  ;  but  she  shall  in  no  way  be  surety  for 
him.  Such  contracts,  however,  are  subject  to  rules  governing  contracts  in 
confidential  relations. 

With  his  express  or  written  consent,  filed  and  recorded  in  office  of  probate 
judge  of  county  of  their  residence  and  that  in  which  the  business  is  conducted 
she  may  carry  on  any  lawful  business  as  it  sole.  If  he  is  of  unsound  mind, 
or  has  abandoned  her,  or  is  a  non-resident  of  Alabama,  or  is  imprisoned  under 
conviction  for  crime,  his  consent  is  needless. 

All  her  property,  acquired  by  descent  or  inheritance,  gift,  devise  or  bequest, 
contractor  conveyance,  or  by  gift  from  a  contract  with  the  husband,  is  her 
separate  property  ;  save  and  except  property  conveyed  to  an  active  trustee 
for  her  benefit.  See  Acknowledgments,  Homestead,  Exemptions,  Descent  and 
Distribution,  Divorce  and  Alimony. 

Mechanics'  Liens. — See  Liens. — This  is  a  preferred  lien.  Original  con- 
tractors within  six  months,  journeymen  and  day  laborers  within  thirty  days, 
everyone  else  in  four  months,  after  indebtedness  accrued,  must  file  in  probate 
office  of  county  where  property  is,  their  just  and  true  account  or  bill,  after 
all  just  credits  made,  and  true  discriptions  of  the  property,  near  enough  to 
identify  it,  and  name  of  owner  or  contractor,  or  both  if  known  :  all  verified 
by  oath.  But  svich  claim  of  a  laborer,  sub-contractor,  or  material-man,  is 
lien  as  to  unpaid  balance  only,  in  hands  of  owner  or  proprietor  at  and  after 
notice  given.  Probate  judge  endorses  filing  on  account,  keeps  abstract  book, 
etc. 

Complaint  states  facts  necessary  to  give  lien,  and  proceedings  to  enforce 
practically  same  as  in  other  cases.  Actions  commence  in  ninety  days  after 
filing  of  verified  account  ;  persons  other  than  original  contractor,  wishing  ta 
avail  of  this  lien,  must  give  ten  days'  notice  before  filing  lien,  stating  amount 
due  and  on  what  account.  This  notice  gives  lien  to  extent  of  unpaid  balance 
due  by  owner,  etc. 

Lien  is  on  building,  improvements,  etc.,  and  land  on  which  situated,  to 
extent  of  one  acre;  if  in  city,  town,  village,  on  the  lot,  building,  etc.,  there- 
on, and  any  unpaid  balance  due  to  contractor. 

First  lien  is  to  contractor  ;  then  to  laborers  and  material-men,  Mechanics^ 
lien  is  superior  to  any  encumbrance  made  after  mechanics'  work  began.  Lien 
attaches  for  buildings,  etc.,  oix  leased  lauds,  and  aJso  on  the  leasehold  term. 
[Ala.  16.] 


ALABAMA.  33 

Minors. — Necessary  expenditures  may  l)e  paid  and  charged  against  min- 
or's distributive  share  in  an  estate.  Minors  can  recover  money  voluntarily 
paid  under  contracts  not  beneficial.  Chancery  court  relieves  of  non-age,  if 
over  eighteen  and  capable  to  manage  his  own  business,  and  the  infant  must 
file  copy  of  decree  in  each  county  where  he  contracts,  for  record.  Judgments 
to  enforce  mechanics'  liens  bind  infants  as  adults.  Savings  l>ank  or  associa- 
tion may  pay  a  minor  his  deposits,  and  be  discharged,  as  to  adult. 

Males  at  seventeen,  females  at  fourteen,  car.  marry.  But  if  never 
before  married  and  respectively  under  twenty-one  and  eighteen,  parent  or 
guardian  must  consent. 

A  minor  may  practice  law,  but  cannot  plead  infancy  to  any  liability  in- 
curred in  practice.  In  three  years  after  attaining  majority  minors  may  file 
bill  of  review.  They  sue  by  next  friend,  and  defend  by  guardian.  The 
guardian  may  sue  in  his  own  name.  Married  women,  thovigh  minors,  may 
relinquish  dower. 

Guardians  of  minors  are  appointed  by  probate  judge,  and  the  minor  if 
over  fourteen,  may  nominate;  guardian  must  be  appointed  if  minor  has  an 
estate,  and  the  father,  if  suitable,  has  preferenc^e.  Guardian  may  be  appoin- 
ted by  father's  will,  but  mother  has  custody  till  minor  is  fourteen.  Guar- 
dian of  estate  of  non-resident  minor  may  be  appointed  by  probate  court  of 
county  where  property  is.  Guardians  ad  litem  are  aijpointed  where  neces- 
sary. 

Mortgages  of  Real  Estate. — See  Deeds. — Are  executed  and  acknowledg- 
ed in  the  same<manner  as  deeds.  Usually  they  contain  a  power  of  sale  au- 
thorizing foreclosure  without  the  intervention  of  a  court,  by  publication  of 
a  notice.  They  may  be  foreclosed  upon  failure  to  pay  any  portion  either  of 
principal  or  interest,  if  there  be  a  provision  in  the  mortgage  to  that  effect. 
They  may  be  also  foreclosed  by  bill  in  equity.  There  are  two  years  for  re- 
demption allowed  in  each  case.  A  woman  cannot  mortgage  her  statutory 
separate  estate,  for  the  purpose  of  subjecting  it  to  sale  for  the  payment  of 
her  husband's  debts  ;  (but  she  can  bind  her  contract,  or  equitable  estate,  in 
equity  by  signing  any  note  or  obligation.)  There  is  no  statute  as  to  how 
mortgages  shall  be  discharged,  being  governed  by  common  law. 

Any  person  of  sound  mind  and  twenty-one  may  mortgage  real  estate. 
Mortgages  or  instniments  in  the  nature  thereof,  made  to  secure  debts  created 
at  the  date  thereof,  must  be  recorded  in  thirty  days  to  be  good  against  pur- 
chasers for  valuable  consideration,  mortgagees  and  judgment  creditors  hav- 
ing no  notice  thereof.  Acts,  1886-7,  p.  147.  Mortgages  made  to  hinder,  de- 
lay or  defraud  creditors,  except  of  exempt  property,  are  void.  So  are  those 
reserving  benefits  to  grantor  against  creditors.  On  decree  of  foreclosure,  if 
debt  is  unsatisfied,  decree  for  execution  may  be  obtained.  Mortgagees  are 
required  to  enter  satisfaction  or  credits,  on  notice,  under  penalties.  Selling 
or  disposing  of  mortgaged  property  is  indictable. — {See  Chattel  Mortgages.) 

Notes  and  Bills  of  Exchange. — {See  Bills  of  Exchange  and  Promissory 
Notes.) 

Oaths  and  Affidavits. — {See  Affidavits.) 

Partnership. — Use  of  former  partner's  name  is  misdemeanor.     Denial  of 

instrument  sued  on,  purporting  to  be  executed  by  partner,  must  be  under  oath. 
Otherwise  it  is  admissible  in  evidence  without  proof.  In  a  suit  brought  by 
partners,  plaintiff  must  not  be  required  to  prove  existence  of  partnership, 
nor  the  individual  names  of  the  firm,  unless  denied  under  oath.  A  partner- 
ship may  be  sued  by  the  firm  name,  but  the  judgment  binds  only  the  joint 
property  of  the  associates.  Any  associate  or  his  legal  representative  maybe 
sued  for  the  obligation  of  all.  Individual  members  are  bound  for  whole  lia- 
bility. 

Promissory  Notes.— (5ee  Bills  of  Exchange  and  Promissory  Notes.) 

[Ala.  17.] 


34  ALABAMA. 

Practice. — See  Appeals,  Depositions. — Is  regulated  by  statute,  rules  of 
supreme  and  other  courts.  lu  circuit  court,  if  summous  and  complaint  are 
executed  twenty  days  prior  to  first  day  of  term,  suit  stands  for  trial  at  first 
term.  Complaint  is  concise  statement  of  cause  of  action,  and  signed  by  at- 
torney. A  copy  thereof  is  delivered,  with  the  summons,  to  defendant  in 
person.  Pleading  is  simplified,  right  of  amendment  large  and  liberal.  Sta- 
tutes regulate  rehearing  and  new  trials  in  vacation  ;  grounds  must  be  acci- 
dent, mistake,  fraud,  without  party's  fault  asking  it.  Only  two  new  trials 
allowed  in  any  court  to  either  side.  Two  non-suits  are  equivalent  to  a  ver- 
dict for  defendant. 

Prool  of  Claims. — See  Affidavits — In  the  administration  of  trusts,  chan- 
cery court  prescribes  time  in  which  to  file  claims,  and  directs  accounts  to  be 
taken  by  the  register  at  time  fixed  by  him,  at  which  all  claims  are  audited. 
If  claims  when  filed  are  properly  verified  and  no  objection  made  to  them,  no 
further  proofs  of  them  is  required. 

In  settlement  of  insolvent  estates  in  probate  court,  if  no  objection  is  filed 
to  allowance  of  claim,  it  must  be  passed  and  allowed  its  pro  rata. 

Guardians,  executors,  administrators,  settling  in  probate  court,  are  re- 
quired to  prove  vouchers  for  which  they  ask  credit. 

Recording. — See  Deeds. — Deeds,  mortgages,  deeds  of  trust,  conveyances, 
which  are  instruments  of  title,  are  required  to  be  recorded  in  probate  court 
of  county  where  ijroperty  is,  and  are  admissible  in  evidence  withoiit  further 
proof  if  properly  acknowledged  and  recorded  in  twelve  months  from  date. 
If  so  recorded,  and  properly  executed,  certified  copy  is  admissible  in  evi- 
dence. Deeds  of  trust,  as  mortgages  of  realty,  must  be  recorded  in  thirty 
days.  To  render  a  judgment  a  lien,  in  any  county,  the  clerk's  certificate, 
showing  amount,  date,  costs,  parties,  attorneys  of  plaiutift',  must  be  re- 
corded in  the  county  where  the  property  is. 

Redemption. — Real  estate  sold  by  the  sheriff"  on  decree  of  court  under  any 
deed  of  trust  or  mortgage,  may  be  redeemed  in  two  years  after  date  of  sale, 
provided  possession  was  delivered  to  the  purchaser  or  to  his  vendee  in  ten 
days  after  tlie  sale.  To  redeem,  the  debtor  must  tender  or  pay  to  the  pur- 
chaser or  his  vendee  the  purchase  money,  with  ten  per  cent,  per  annum 
thereon,  and  all  other  lawful  charges ;  this  reinvests  the  debtor  with  title, 
and  the  purcliaser,  if  he  received  a  deed,  must  reconvey,  but  at  debtor's  cost. 
Creditors  who,  without  fraud  or  collusion  with  the  debtor,  obtain  judgment 
before  sale,  or  before  redemption  time  has  expired,  may  redeem  land  by  ten- 
dering or  paying  the  amount  bid  therefor  and  ten  per  cent,  thereon  per  an- 
num with  all  lawful  charges,  and  offering  to  credit  bona  fide  subsisting 
iudo-ment  with  an  amount  equal  to  ten  per  cent,  of  amount  originally  bid. 
If  the  mortgagee  is  himself  the  purchaser,  the  mortgagor  may  in  reasonable 
time  dissent  from  the  sale,  off"ering  to  pay  mortgage  debt  and  interest,  and 
mortgagee  must  account  for  rents.  If  parties  disagree  as  to  value  of  im- 
proveincnts,  statute  provides  arbitration.  If  the  mortgagee  refuse  to  appoint 
an  arbitrator  he  forfeits  his  rights  as  to  value  of  improvements.  If  the 
mortgagor  refuse,  he  must  pay  for  improvements. 

Replevin. — AVe  have  no  action  of  replevin  ;  our  statutory  detinue  is  equi- 
valent thereto.  When  perscmal  property  is  levied  on  by  attachment,  it  may 
be  replevied,  ^  o2Sl),  by  execution.  §o043  ;  Avhen  taken  under  writ  of  detinue, 
^  2943,  on  giving  bonds  prescribed  by  these  statutes.  Also  in  trial  of  right 
of  property,  §  3341.  Detinue  is  an  action  for  recovering  specific  property. 
Here  its  value  is  assessed,  so  as  to  have  execution  therefor,  if  the  property 
is  not  returned. 

Revenue. — The  laws,  changing  with  each  legislature,  and  the  subjects  of 
revenue,  are  too  extensive  for  presentation  here. 
{Ala.  IS.l 


ALABAMA.  35 

Revision. — See  Appeals. — Constitvition  1875,  Art.  4,  §  46,  reqviires  general 
a^<selnbly  to  provide  every  ten  years  for  revision,  etc.,  of  public  statutes  of 
j^eneral  nature,  civil  and  criminal.  This  revision,  etc.,  is  published  this 
year,  1887. 

Revivor. — See  Supjjlementary  Proceedings  and  Judgments. — In  proper 
c;ises,  bills  supplementary,  and  of  revivor,  may  be  filed  to  continue  former 
.suit  abated,  and  to  briny  in  other  parties,  setting  up  settlement,  devise,  or 
other  act,  etc.,  aflecting  rights  of  original  parties,  etc. 


Seal. — Secretary  of  state  keeps  great  seal,  used  for  authenticating  state 
documents  ;  and  all  public  documents  for  use  out  of  Alabama  are  authenti- 
cated by  the  proper  officers  under  hands  and  seals  of  office. 

By  statute,  all  writing  purporting  to  be  under  seal  on  its  face,  is  to  betaken 
as  sealed,  and  has  same  ettect  as  if  seals  were  actually  affixed. 

Conveyances  need  not  be  under  seal.  Composition  of  debts,  in  writing, 
operates  release  without  seal. 

Security  for  Costs  and  Other  Undertakings.— ('See  Costs.) 

Stay  of  Execution. — .Judgments  rendered  before  a  justice  of  the  peace 
may  be  stayed  as  follows  ;  by  the  production  of  good  secvirity  in  the  pay- 
ment thereof,  namely,  on  all  sums  less  than  twenty  dollars,  thirty  days  ;  over 
twenty  dollars,  for  sixty  days.  If  unpaid,  execution  issues  against  all  parties 
to  such  undertaking  ;  defendant  can  not  stay  the  issue  of  execution  from  the 
circuit  court.  The  plaintiti'  may  do  so,  but  he  loses  priority  of  lien,  if  other 
liens  in  the  meantime  are  obtained.  The  defendant,  by  executing  bond  in 
double  the  amount  of  the  judgment,  and  taking  an  appeal  to  the  supreme 
court,  can  delay  the  collection  of  the  judgment  until  this  affirmance  by  the 
siipreme  court,  but  for  this  he  is  compelled  to  pay  legal  interest  and  ten  per 
cent,  damages,  as  well  as  all  costs  of  the  appeal. 

Suits. — (See  Actions.) 

Supplementary  Proceedings.— (^See  Revivor.) 

Taxes. — See  License. — All  property  is  assessed  ad  valorem. 

VoW  taxes  are  applied  exclusively  to  free  schools  in  the  respective  counties. 

Power  to  levy  and  collect  cannot  be  delegated  to  individuals  or  private 
corporations. 

The  state  is  not  allowed  to  create  new  indebtedness,  except  to  repel  inva- 
sion or  supi^ress  insurrection,  and  then  only  by  two-thirds  vote  of  general 
assembly. 

The  governor  may  negotiate  temporary  loans  not  exceeding  8100,000,  to 
meet  treasury  deficiencies.  This  does  not  prevent  issuance  of  bonds  in  ad- 
justment of  existing  state  indebtedness. 

General  assembly  cannot  in  any  one  year  levy  greater  tax  than  three-fourths 
of  one  per  cent,  of  the  value  of    taxable  property. 

No  county  can  levy  more  than  one-half  of  one  per  cent.  County  may  levy 
one  quarter  of  one  per  cent,  to  pay  debts  of  county  and  interest,  provided 
that,  in  order  to  pay  debts  or  liabilities  againjjt  any  county  for  erection  of 
necessary  public  buildings,  the  county  may  collect  such  special  taxes  as  are 
or  may  be  authorized  hy  law.  Property  of  i)rivate  corporations,  associations, 
and  individuals,  are  forever  taxed  at  same  rate.  Religious,  educational,  and 
charitable  enterprises  are  not  taxable. 

Special  provisions  are  made  concerning  taxation  for  city  indebtedness. 

Trust  Deeds.— 5ee  i)eefZs.— Married  women  like  mortgages,  they  generally 
contian  power  of  sale,  and  this  power  is  exercisable  by  the  assignee  or  his 
legal  representative.     (See  Recording.) 

[Ala.  19  ] 


36  ALABAMA. 

Usury. — {See  Interest.) 

Wages. — See  Liens. — Exemptions  of  laborers,  employees,  for  personal 
services,  up  to  twenty-five  dollars,  are  exempt  from  execution,  garnishment, 
etc. 

Wills. — See  Aliens,  Administration. — Every  person  of  sound  mind  and 
twenty-one  may  devise  by  will  his  lands  or  any  interest  therein.  Any  one 
over  eighteen  may  thus  disjjose  of  personal  property.  Property  not  willed 
is  disposed  of  as  in  case  of  intestates. 

A  will  to  pass  real  or  personal  property,  must  be  in  writing,  signed  by  tes- 
tator, or  another  for  him  in  his  presence  and  by  his  direction,  attested  by  two 
witnesses  who  subscribe  in  testator's  presence.  Unwritten  wills  of  personal 
property  worth  over  $500,  are  invalid. 

Wills  should  be  probated  in  probate  court  of  county  of  which  testator  was 
an  inhabitant,  or  in  which  he  left  property,  if  non-resident,  to  be  effectual ; 
they  may  be  contested  because  testator  was  of  iinsound  mind,  or  were  not 
duly  executed,  for  fravid,  undue  influence,  or  on  other  valid  grounds. 

Witnesses. — {See  Evidence.) 


[Ala.  20.] 


ALABAMA. 


37 


ATTORNEY'S    IN    ALABAMA. 


Bold  Face  Type  denotes  count  j'  seats.       A  dash  (— )  less  than  100  population. 
Figures  after  names,  when  admitted  to  the  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (X)  our  Compiler  of  Laws. 
A  dagger  (t)  former  recommendation  withdrawn. 


Abbeville 

Andalusia 

Aiiuiston 

AsMand 

Ashville 

Athens 

Belletbiite 

Bel  Green 

Birmingliam 


Henry 

Covington 

Calhoun 

Clav 

St.  Clair 

Limestone 

Jackson 

Franklin 

Jeiierson 


Blount  Spring 

Blount 

Blountsville 

Blount 

Brewton 

Escambia 

Butler 

Choctaw 

Calera 

Shelby 

Camden 

Wilcox 

Carrollton 

Pickens 

Centre 

Cherokee 

Centreville 

Bibb 

Clanton 

Chilton 

Clayton 

Barbour 

Collinsville 

De  Kalb 

Columbia 

Henry 

Columbiana 

Shelby 

ComeUa 

St.  Clair 

Courtland 

Lawrence 

Crawford 

Russell 

Cross  Plains 

Calhoun 

Cullman 

Cullman 

Daphne 

Baldwin 

Dadeville 

Tallapoosa 

Decatur 

Morgan 

Demopolis 

i\Iarengo 

Easonville 

St.  Clair 

Edwardsville 

Clebuni 

Elba 

Coffee 

Eufaula 

Barbour 

Eutaw 

Greene 

Evergreen 

Conecuh 

Payette  C.  H 

Fayette 

NAMES   OF    ATTORNEYS.     POPULA  N. 

J.  W.  Foster.  1,500 

Jno.  E.  Stanley.  297 

J.  J.  Willett.  2,540 

C.  A.  Stead.  387 

J.  R.  Vandergrift.  400 

W.  R.  Francis.  1,000 

Hon.  J.  H.  Norwood.  150 

G.  C.  Ahnon.  150 

John  Vary.  2,800 

See  Card  in  Appendix,  page  1. 
FERGUSON  &  HOUGHTON, 

(  Ferguson,  F.  S. 

I  Houghton,  W.  R. 

B.  Randolph.  500 

•  C.  F.  Hannill.  505 

James  M.  Davison.  1,800 

Glover  &  Carnathan.  240 

H.  L.  OLIVER.  '72  500 

S.  J.  Cummiug.  1,000 

M.  L.  Stansel.  349 

J.  L.  jSIcComiell.  400 

S.  D.  Logan.  200 

Wm.  A.  Collier.  400 

A.  M.  McLendon.  761 

L.  S.  Nicholson.  300 

Roper  &  Thomas.  700 

J.  L.  Peters.  696 

F.  M.  Thomason.  100 
Hon.  Jos.  Wheeler.  518 
J.  M.  Fuller.  124 
W.  J.  Brock.  381 
Parker  &  Brown.  286 
{See  Mobile.)  — 
H.  J.  Gillam.  1,000 
E.  W.  Godbey.  1.070 

G.  G.  Lvon.  1,389 
S.  P.  McClellan.  100 
Baber  &  Johnson.  467 
W.  D.  Roberts.  222 
E.  H.  :Merrill.  3,836 
James  B.  Head.  1,101 
Famham  k  Rabb.  800 
JAMES  J.  RAY.*  '81  400 


38 

ALABAMA. 

PLACE. 

COUNTY. 

NAMES   OP  ATTORNEYS. 

popula'n. 

Florence 

Lauderdale 

E.  O'NEAL.  '85 

3,000 

Fort  Payne 

De  Kalb 

W.  J.  Haroldson  &  Son. 

400 

Gadsden 

Etowah 

M.  J.  Turnley. 

3,000 

(Tainesvills 

Sumter 

Chas.  Cooke. 

960 

Geneva 

Geneva 

C.  H.  Laney. 

350 

Greensboro 

Hale 

Webb  &  Tutwiler. 

1,83^ 

Greenville 

Butler 

Gamble  &  Richardson. 

2,471 

Grove  Hill 

Clarke 

W.  D.  Dun,  Jr. 

176 

Guntersville 

Marshall 

Hamill,  Lusk  &  Bell. 

435 

Hamilton 

Marion 

W.  H.  Key. 

100 

Hart  sell's 

Morgan 

W.  H.  Simpson. 

450 

Hayneville 

Loundes 

W.  R.  Houghton. 

500 

Hillsboro 

Lawrence 

John  Phinizy. 

300 

Houston 

Winston 

P.  H.  Newman. 

200 

Huntsville 

Madison 

Milton  Humes. 

4,976 

Jacksonville 

Calhoun 

R.  L.  Arnold. 

883 

Jasper 

Walker 

W.  B.  Appling. 

700' 

La  Fayette 

Chambers 

Evan  G.  Richards.  '33 

1,061 

Linden 

Marengo 

W.  H.  Taylor. 

30O 

Lineville. 

Clay 

J.  W.  McCann. 

300 

Livingston 

Sumter 

A.  G.  Smith. 

73» 

Marion 

Perry 

J.  H.  Stewart. 

3,074 

Mobile 

Mobile 

tHon.  James  Cobbs. 

31,133 

See  Card  in  Appendix,  page 

i. 

Monroeville 

Monroe 

Thos.  S.  Wiggins. 

123 

Montevallo 

Shelby 

W.  S.  Cary. 

700 

Montgomery 

Montgomery 

H.  C.  BuUock,  '59 

16  S.  Periy  Street. 

16,714 

See  Card  in  Appendix,  page 

xxviii. 

Moulton 

Lawrence 

.      J.  C.  Eyster. 

800 

Mount  Jlilliard 

Bullock 

Dan  Collins. 

150 

Opelika 

Lee 

Barnes  &  Son. 

3,345 

Oxford 

Calhoun 

E.  K.  Hanna. 

1,361 

Ozark 

Dale 

H.  H.  Blackman. 

513 

Fikeville 

Marion 

{See  Jasper.) 

30O 

Pollard 

Escambia 

Jas.  E.  Creen. 

347 

Prattville 

Autauga 

Daster  &  Abney. 

977 

Kandolph 

Bibb 

T.  W.  Henley. 

38& 

Roanoke 

Randolph 

Samuel  Henderson. 

327 

Rockfort 

Coosa 

Parker  &  Parker. 

400 

Kussellville 

Franklin 

AV.  P.  Jack. 

30a 

Rutledge 

Crenshaw 

I.  H.  Parks. 

315 

St.  Stephens 

Washington 

E.  H.  Gordy. 

140 

Scottsboro 

Jackson 

J.  B.  Ashley. 

800 

Sc-ott's  Station 

Perry 

W.  F.  Hogue. 

350 

Seale 

Russell 

L.  W.  Martin. 

757 

Selma 

Dallas 

W.  R.  Nelson. 

7,529 

Somerville 

jMorgan 

G.  P.  Rice. 

300 

Talladega 

Talladega 

Heflin,  Knox  &  Bowie. 

1,333 

Troy 

Pike 

Gardiner  &  Wiley. 

3,398 

Tuscaloosa 

Tuscaloosa 

Wood  &  Wood. 

3,017 

Tuscumbia 

Colbert 

J.  B.  Moore. 

1,369' 

Tuskeegee 

Macon 

Abercrombie  &  Bilbro. 

3,500 

Union  Springs 

Bullock 

Norman  &  Son. 

1,863 

Uniontown 

Perry 

Taylor  &  Johnston. 

810 

Vernon 

Lamar 

T.  B.  Nesmith. 

30O 

Wedowee 

Randolph 

Smith  «fc  Smith. 

300 

Wetumpka 

Elmore 

W.  P.  Gladdis. 

1,000 

ALABAMA. 


39 


BANKS    IN    ALABAMA. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  of  one 
banli  in  eacli  county  of  this  state  in  wliich  sucli  a  banking  institution  is  located. 


PAID  UP 

PLACE. 

NAME   OF   BANK. 

CASHIER. 

CAPITAL. 

Auniston 

First  National  Bank 

Oscar  E.  Smith. 

8100,000 

Birmingham 

First  National  Bank 

E.  W.  Linn. 

250,000 

Clayton 

Clayton  Exchange 

(Jennings  &  Dane.) 

Columbia 

John  T.  Davis  &  Son 

15,000 

Cullman 

Parker  &  Co 

Dadeville 

Talapoosa  CountyBank 

C.  J.  AVright,  Jr. 

25,000 

Decatur 

First  National  Bank 

W.  W.  Littlejohn. 

15,000 

Demojjolis 

Front  &  Robertson 

Eufaula 

Eufaula  National  Bank 

Edward  B.  Young. 

100,000 

Eutaw 

Bank  of  Eutaw 

B.  B.  Barnes. 

20,000 

Florence 

W.  P.  Campbell  &  Co 

W.  P.  Campbell. 

Gadsen 

First  National  Bank 

W.  G.  Brockway. 

50,000 

Gainesville 

Lewis  Mayer's  Bk'g  House 

10,000 

Greensboro 

A.  Lawson 

15,000 

Greenville 

Joseph  Steiner  &  Sons 

Huntsville 

Nat.  Bank  of  Huntsville 

Joseph  3Iartin. 

50,000 

La  Fayette 

Andrews  &  Co 

Livingston 

Bk'g  House  of  Brown  Bros 

Marion 

Marion  Savings  Bank 

Jas.  T.  Fitzgerald. 

50,000 

Mobile 

First  National  Bank 

Lloyd  Boners. 

:3oo;ooo 

Montevallo 

Bk'g  House  of  C.  C.  Vandergrift. 

Montgomery 

First  National  Bank 

A.  M.  Baldwin. 

225,000 

Opelika 

First  National  Bank 

Orrin  Brown. 

50,000 

Oxford 

Draper,  Son  &  Co 

Sheffield 

First  National  Bank 

T.  L.  Benham. 

Selma 

City  National  Bank 

Albert  G.  Parrish. 

400,000 

Talladega 

Bank  of  Talladega 

J.  L.  McLane. 

75,000 

Troy 

Farmer's  &Merchant"sB'k 

L.  :M.  Bashinsky. 

100,000 

Tuskaloosa 

First  National  Bank 

John  Little,  Jr. 

60,000 

Tuskegee 

Macon  County  Bank 

G.  W.  Campbell. 

30,000 

Union  Springs 

Bullock  Ctninty  Bank 

J.  H.  Eley. 

60,000 

Uniontown 

M.  L.  &  C.  Ernst 

A.  L.  Ernst. 

100,000 

Wetumpka 

Peter  A.  Buyck 

TERRITORY  OF 

ARIZONA. 

SUMMAEY   OF 

COLLKCTION      LaV^S 


CouKT  Calendar,  Instructions  for  taking  Depositions,  Legal  Forms,  Etc. 

Expressly  Prepared  and  Revised  to  Nov.  1st,  1SS7,  for  "Showers' 

Legal  Directory  and  Merchants'  Guide."  for  1888,  by 

E.  M.  Sanford,  of  the  Prescott  Bar. 

Acknowledgments. — If  made  within  the  territory  before  a  clerk  of  court 
having  seal,  notary  public,  county  recorder,  justice  of  the  peace  ;  without, 
and  in  the  United  States,  before  a  clerk  of  a  court  of  record  having  seal, 
commissioner  of  deeds  of  territory,  and  notary  public,  without  the  United 
States,  before  an  officer  authorized  to  execute  a  commission  to  take  deposi- 
tions. Acknowledgment  of  grantor  (except  married  women  of  the  home- 
stead,) shall  state  that  he  executed  the  same  for  the  consideration  and  pur- 
poses therein  stated  ;  if  unknown,  the  officer  must  have  satisfactory  evidence 
on  oath  or  affirmation  of  a  credible,  witness,  (which  he  shall  note  in  his  cer- 
tificate), that  the  grantor  is  the  individual  who  executed  in  his  presence  the 
instrument ;  if  by  a  married  woman  in  conveying  homestead,  shall  show 
that  she  has  had  the  same  shown  to  her,  and  then  and  there  fully  explained 
by  the  officer,  on  examination,  privily  and  apart  from  the  husband,  and  that 
she  thereupon  acknowledged  to  said  officer  that  the  same  is  her  act  and  deed, 
that  she  has  willingly  signed  the  same,  and  that  she  wishes  not  to  retract  it. 


Form  of  an  ordinary  Certificate. 


Territory  of 
County  of  - 


Before  me, ,  (here  insert  the  name  and  character  of  the  officer,)  on 

this  day  personally  appeai'ed ,  known  to  me  (or  proved  to  me  on  the  oath 

of ,)  to  be  the  person  whose  name  is  subscribed  to  the  foregoing  instru- 
ment, and  acknowledged  to  me  that  he  executed  the  same  for  the  purpose 
and  consideration  therein  expressed. 

Given  under  my  hand  and  seal  of  office,  this day  of  ,  A.  D. 

.  [seal] 

The  certificate  of  a  married  woman  to  homestead,  must  be  in  this  form  : 

The  Territory  of ,  "I 

County  op  .  J 

Before  me,  ,  (here  insert  the  name  and  character  of  the  officer, )  on 

this  day  personally  appeared ,  wife  of ,  known  to  me  (or  proved  to 

[Ariz.  1.] 


ARIZONA.  41 

-me  on  oath  of ,)  to  be  the  person  whose  name  is  subscribed  to  the  fore- 
going instrument,  and  having  been  examined  by  me  privily  and  apart  from 

her  husband,  and  having  the  same  fully  explained  to  her,  she,  the  said , 

acknowledged  such  instrument  to  be  her  act  and  deed,  and  declared  that  she 
had  willingly  signed  the  same  for  the  purposes  and  consideration  therein  ex- 
pressed, and  that  she  did  not  wish  to  retract  it. 

Given  under  my  hand  and  seal  of  office,  this  day  of ,  A.  D. 

.  [seal.] 

The  proof  of  any  instrument  of  writing,  for  the  purpose  of  being  recorded 
.shall  be  by  one  or  more  of  the  subscribing  witnesses,  personally  api)earing 
before  some  officer  authorized  to  take  such  proof,  and  stating  on  oath,  that 
he  or  they  saw  the  grantor  or  person  who  executed  such  instrument  of  writ- 
ing, acknowledged  in  his  or  their  presence,  that  ho  had  executed  the  same 
for  the  purposes  and  considerations  therein  stated,  and  that  he  or  they  had 
.signed  the  same  as  witnesses,  at  the  request  of  the  gi'antor  or  person  who 
executed  such  instrument;  and  the  officer  taking  such  proof  shall  make  a 
certificate  thereof,  and  sign  and  seal  the  same  with  his  official  seal. 

The  proof  by  a  subscribing  witness  must  be  by  some  one  personally  known 
to  the  officer  taking  the  proof,  to  be  the  person  whose  name  is  subscribed  to 
the  instrument  as  a  witness,  or  must  be  proved  to  be  such  by  the  oath  of  a 
credible  witness,  which  fact  must  be  noted  in  the  certificate. 

The  certificate,  where  the  execution  of  the  instrument  isgovered  by  a  wit- 
ness, must  be  in  the  following  form: 

The  Territory  of  ,  \ 

County  op  .  / 

Before  me, ,  (here  insert  the  name  and  character  of  the  officer, )  on 

this  day    personally  appeared  ,   known   to  me,   (or    proved  to  me  on 

the  oath  of , )  to  be  the  person  whose  name  is  subscribed  as  a  witness,  to 

the  foregoing  instrument  of  writing,  and  after  being  duly  sworn  by  me,  stated 
on  oath  that  he  saw ,  tlie  grantor,  or  person  who  executed  the  fore- 
going instrument,  subscribe  the  same  (or  that  the  grantor  or  person  who 
executed  such  instrument  of  writing,  acknowledged  in  his  presence  that  he 
had  executed  the  same  for  the  purposes  and  consideration  therein  expressed,) 
and  that  he  had  signed  the  same  as  a  witness,  at  the  request  of  the  grantor, 
(or  person  who  executed  the  same.) 

Given  under  my  hand  and  seal  of  office,  this day  of ,  A.  D. 

.  [seal.] 

Actions. — But  one  form  of;  do  not  abate  by  death,  if  cause  of  action  sur- 
vives. Pleadings,  are  complaint  and  answer ;  venue,  of  suits  are  special. 
<See  Ansicer  Day  and  Summons.) 

Administration  of  Estates  of  Deceased  Persons. — (See  Probate  Law.) 

AflB.davits. — If  taken  within  territory  before  clerk  of  district  court  or  no- 
tary public  ;  if  out  of,  but  within  the  United  States,  before  any  clerk  of 
court  of  record  having  a  sjal,  notary  public  or  commissioner  of  deeds  for 
the  territory  ;  if  without  the  United  States,  before  any  ofl&cer  authorized  to 
execute  a  commission  to  take  depositions. 

Aliens. — ^lay  inherit  in  special  cases.     {See  Descent.) 

Answer-Day. — District  court :  after  summons  served  in  county,  ten  days ; 
out  of  county,  bu.t  in  district,  twenty  days  ;  other  cases,  thirty  days  after 
service.     Justices'"  courts,   six  days  after  service  of  summons,  as  follows  :  In 
[Ariz.  2.] 


42  ARIZONA. 

precinct,  five  days  ;  -without  precinct,  and  in  county,  ten  days  ;  out  of  county 
fifteen  days ;  other  cases,  twenty  days.  Continuances  may  be  granted  for 
ten  days,  and  if  for  want  of  evidence,  thirty  days. 

Appeals. — {See  Courts.) 

Arbitration. — Person  may  arbitrate  by  filing  agreement  before  justice  of 
the  i)eace,  if  the  amount  of  the  dispute  does  nut  exceed  $300;  otherwise  with 
the  clerk  of  the  district  court. 

Arrests  and  Bail.— ISTo  act  providing  for. 

Assignment  for  the  benefit  of  Creditors. — Assignments  shall  provide 
for  the  distribution  of  all  real  and  personal  proi^erty  not  exempt  among 
creditors,  in  proportion  to  their  respective  claims  ;  must  be  proved,  acknow- 
ledged, certified,  and  recorded,  as  conveyance  of  real  or  personal  property,  as 
the  case  may  be.  There  shall  be  annexed  to  the  assignment,  a  statement  : 
1st.  Of  all  creditors,  the  residence  of  each,  if  known,  and  if  not  known,  that 
fact  to  be  stated  ;  the  sum  owing  to  each  ;  the  nature  of  the  debt,  whether 
arising  on  written  contract,  account,  or  otherwise,  the  true  cause  and  con- 
sideralion,  and  place  where  such  indebtedness  arose ;  of  every  judgment, 
mortgage,  or  other  security  for  the  payment  of  such  debt ;  an  inventory  of 
the  estate  at  the  date  of  assignment,  legal  or  equitable,  encumbrances, 
vouchers  and  securities  with  value,  to  the  best  knowledge  of  debtor : 
affidavit  annexed  to  inventory  states,  that  the  same  is  in  all  respects  jvist 
and  true,  according  to  the  best  knowledge  and  belief.  Exempt  property 
may  be  retained;  inventory  is  not  conclusive.  Creditors  may  coi»sent  to  ac- 
cept their  proportional  share,  if  not,  then  creditors  consenting,  take  their 
share  and  debtor  is  discharged.  The  law  provides  for  notice,  personal  and 
by  publication,  the  giving  of  bond  by  assignee,  the  presentation  and  allow- 
ance of  claim,  which  must  be  within  six  months  from  the  time  of  first  publi- 
cation of  notice  of  appointment  of  assignee.  Claim  shall  be  supported  by 
affidavit  of  creditor,  his  agent  or  attorney,  that  the  statement  is  true,  that 
the  debt  is  just,  and  that  there  are  no  credits  or  effects  that  should  be  al- 
lowed against  the  claim,  except  as  shown  by  the  statement.  Creditor  not 
consenting  to  assignment  may  garnishee  assignee  for  balance  in  his  hands. 
All  conveyances  to  defraud,  or  prefer,  title  vests  in  assignee,  notwithstanding 
the  transfer.  Preferences  are  void.  Grantee  may  show  good  faith  and  valu- 
able consideration. 

Attachments. — Are  original  writs,  issued  out  of  justices  of  the  peace 
courts  or  district  courts.at  or  after  commencement  of  suit,  on  debt  ordemaud 
due  or  not  duo,  but  judgment  cannot  be  rendered  until  debt  is  due.  The  affida- 
vit is  made  by  plaintiff",  his  agent  or  attorney,  stating  one  or  more  of  the  fol- 
lowing grounds  ;  1st.  That  the  defendant  is  justly  indebted  to  the  plaintiff, 
and  the  amount  of  the  demand  ;  or  2d.  That  the  defendant  is  not  a  resident 
of  the  territory,  or  is  a  foreign  corporation,  or  is  acting  as  such  ;  or  3d.  That 
he  is  abovit  to  move  permanently  out  of  tlie  territory,  and  has  refused  to  pay 
or  secure  the  debt  due  the  iilaintifi^ ;  or  4th.  That  he  secretes  himself  so  tliat 
the  ordiqary  jirocess  of  law  cannot  bo  served  on  him  ;  or  5th.  That  he  has 
secreted  his  jjroperty  for  the  purpose  of  defrauding  his  creditors ;  or  Gth. 
That  he  is  about  to  secrete  his  property  for  the  purpose  of  defrauding  his 
creditors  ;  or  7th.  That  he  is  about  to  remove  his  property  out  of  the  terri- 
tory, without  leaving  sufficient  remaining  for  the  payment  of  his  debts  ;  or 
8th,  That  he  is  about  to  remove  his  property,  or  a  part  thereof,  out  of  the 
county  where  tlie  suit  is  brought,  with  intent  to  defraud  his  creditors  ;  or 
9th.  Tliat  he  has  disposed  of  his  property,  in  whole  or  in  part,  with  intent  to 
defraud  his  creditors  ;  or  10th,  That  he  is  about  to  dispose  of  his  property 
with  intent  to  defraud  his  creditors  ;  or  11th.  That  he  is  about  to  convert  his 
property,  or  a  part  thereof,  into  money,  for  the  purpose  of  ijlacing  it  beyond 

[Ariz  3] 


ARIZONA.  .43 

the  reach  of  his  creditors  ;  or  12th.  That  the  debt  is  due  for  property  ob- 
tained under  false  pretenses.  And  further  :  That  the  attachment  is  not  sued 
out  for  tlie  purpose  of  injurhig  or  harassing  tlie  defendant,  and  tliat  tlie 
plaintiff  will  probably  lose  his  debt,  unless  such  attachment  is  issued.  The 
bond  must  be  signed  by  the  plaintilf,  with  two  or  more  sureties,  payable  to 
defendant,  in  at  least  double  the  debt  sworn  to  be  due,  conditioned  that  the 
plaintiff  will  jirosecute  his  suit  to  effect,  and  will  pay  all  such  damages  and 
costs  as  shall  be  adjudged  against  him,  for  wrongfully  suing  out  such  attach- 
ment. On  the  filing  of  affidavit  and  bond,  one  or  more  writs  may  issue  to 
several  counties.  Writs  are  levied  as  executions,  but  wheie  real  property  is 
attached,  copy  must  be  filed  with  county  recorder.  At  any  time  before  judg- 
ment, defendant  may  replevin  property  by  giving  bond  double  amount  of 
plaintiff" s  debt,  conditioned  that  should  the  defendant  be  condemned  in  the 
action,  he  shall  satisfy  the  judgment  that  may  be  rendered  therein,  or  shall 
pay  the  estimated  value  of  the  property,  and  the  lawful  interest  thereou  from 
the  date  of  the  bond. 

Garnishment — Are  original  writs,  and  may  be  issued  upon  the  plaiutifTs 
executing  a  bond  with  two  or  more  sureties,  payable  to  the  defendant  in  dou- 
ble the  debt,  conditioned  that  he  will  prosecute  this  suit  to  effect,  and  i)ay  all 
damages  and  costs  that  may  be  adjiulged  against  him  for  wrongfully  suing 
out  such  garnishment,  and  filing  an  affidavit  showing  either,  1st.  That  an 
original  attachment  has  been  issued,  no  bond  rec^uiretl ;  2d.  That  the  debt 
sued  for  is  just  due  and  unpaid,  and  that  the  defendant  has  not,  within  his 
knowledge,  property  in  his  possession  within  this  territory,  subject  to  execu- 
tion, sufficient  to  satisfy  such  debt,  and  that  the  garnishment  applied  for  is 
not  sued  out  to  injure  either  the  defendant  or  garnishee  ;  3d.  That  the  plain- 
tiff'has  a  judgment,  and  makes  affidavit  that  the  plaintiff  has  not,  within  his 
knowledge,  property  in  his  ijossession  within  this  territory  subject  to  execu- 
tion, sufficient  to  satisfy  such  judgment.  And  further,  that  the  plaintiff  has 
reason  to  believe  that  the  garnishee,  stating  his  name  and  residence,  is  in- 
debted to  defendant,  or  that  he  has  in  his  hands,  effects  belonging  to  the  de- 
fendant, or  that  the  garnishee  is  an  incorporated  or  joint  stock  company,  and 
that  the  defendant  is  the  owner  of  shares  in  such  company,  or  has  an  interest 
therein.  Writs  may  issue  to  several  counties  out  of  justice  or  district  courts, 
and  are  returnable  as  svimmons  therein.  On  failure  to  answer,  judgment  and 
execution  may  be  taken  against  garnishee,  with  costs.  Answer  may  be 
controverted  and  trial  had,  as  in  ordinary  cases  w' here  cause  of  action  between, 
garnishee  and  debtor  accrued,  if  garnishee  resides  out  of  the  county. 

Bills  and  Notes.— Grace  three  days.  The  holder  of,  may  fix  liability  of 
drawer  or  endorser  without  protest  or  notice  by  instituting  suit  against  en- 
dorser or  maker  within  sixty  days  after  right  of  action  accrues  ;  if  bill  not 
accepted,  drawer  becomes  immediately  liable,  and  liability  of  endorser 
maybe  fixed  by  suit  within  six  months;  all  instruments  not  negotiable  by 
the  law  merchant  may  be  transferred  by  assignment.  Oral  testimony  is  in- 
admissible to  show  a  release  of  due  diligence  to  collect ;  assignee  may  pur- 
sue previous  assignors  upon  negotiable  instrument ;  may  be  protested  by 
notary  public,  who  shall  set  forth  all  the  facts  done  by  him,  and  specify  of 
whom  and  when  and  where  demand  was  made  and  for  what  sum. 

Chattel  Mortgages. — {Sec  Mortgages.) 

Claims  against  Decedent's  Estates.— ( -See  Probate  Law.) 

Conditional  Sales.— Writing  evidence  of,  must  be  acknowledged  and  re 
corded  to  impart  notice.     Surety. 

Contracts. — Whether  joint  or  several,  either  may  be  pursued  without  re- 
leasing the  others.     In  writing  imports  a  consideration. 
[Ariz.  4  ] 


44  ARIZONA. 

Conveyances. — Sliall  be  in  writing,  subscribed  and  delivered  in  tbe  pres- 
ence of  two  credible  subscribing  witnesses,  or  acknowledged. 

Corporations. — Any  number  of  persons  may  form,  for  transaction  of  any 
lawful  business.  Have  power  as  follows  :  Perpetual  succession  ;  sue  and  be 
sued  ;  have  a  common  seal  and  alter  it  ;  to  render  shares  transferable,  and 
prescribe  the  mode  of  transferring  ;  to  exempt  private  property  from  liability; 
to  make  contracts,  acquire  and  transfer  property  and  possession  as  natural 
persons ;  to  establish  by-laws,  and  make  rales  and  regulations.  Before  com- 
mencing business  must  adopt  articles  which  shall  be  signed  and  acknowl- 
edged as  deeds,  and  recorded  in  the  county  recorder's  office,  where  principal 
place  of  business  is.  Articles  must  contain  :  1st.  Name  of  corporators  and 
of  corporation,  and  its  principal  place  of  business  ;  2d.  The  general  nature 
of  the  business  ;  3d.  The  amount  of  capital  stock  authorized,  and  the  times 
when,  and  conditions  upon  which  it  is  to  be  paid  in ;  4th.  Time  of  com- 
mencement and  termination  ;  5th.  By  what  officers  affiiirs  are  to  be  con- 
ducted, and  times  of  their  election  ;  0th.  The  highest  amount  of  indebted- 
ness, or  liabilit}',  it  is  at  anytime  to  subject  itself;  7th.  Whether  private 
property  is  to  be  exempt.  (Unless  so  exempted,  stockholders  are  liable  for 
debts,  in  proportion  which  their  stock  bears  to  the  whole.)  Articles  must 
be  published  six  days  in  a  newspaper  published  in  the  county  of  its  principal 
place  of  business.  Corporations  may  then  commence  business.  Copy  of 
newspaper  must  be  filed  in  the  office  of  the  secretary  of  the  territory  within 
three  months.  For  intenaal  improvement  may  endure  for  fifty  years,  other- 
wise, twenty-five  years,  and  may  be  renewed.  Special  provisions  are  made 
for  fire,  marine,  mutual  life,  health,  accident,  savings  and  loan,  railroad,  re- 
ligious, social  and  benevolent  corporations. 

Foreign  C'orx>07'aUons  must  file  certified  and  duly  authenticated  copies  of 
articles  with  secretary  of  the  territory  and  county  recorder  of  county  in 
which  business  or  principal  office  is  located.  Association  company  or  cor- 
poration, must  file  in  same  places  a  lawful  appointment  of  an  agent  upon 
whom  all  notices,  processes,  and  summons  may  be  served,  which  is  consid- 
ered lawful  personal  service.  No  business  can  be  transacted  unless  copies  of 
articles  and  the  appointment  is  filed.  Every  act  done  prior  thereto  is  void. 
Appointment  must  be  by  resolution  duly  adopted  and  signed  by  president, 
manager  or  secretary.  Agent  must  be  iona  fide  resident  of  county,  and  his 
full  name  and  residence  stated  in  resolution.  If  agent  absents  himself  three 
months  consecutively,  from  county,  and  none  appointed  within  four  months, 
after  commencement  of  such  absence,  the  right  to  transact  business  shall 
cease,  and  all  acts  or  contracts  are  null  and  void  at  option  of  any  person  in- 
terested. On  compliance  with  foregoing,  have  all  the  rights  and  privileges 
as  if  incorporated  under  laws  of  this  territory.  It  cannot  hold  more  than 
320  acres  of  real  estate,  exclusive  of  mineral  lands,  and  land  necessary  for 
milling,  or  working  ores,  or  manufacturing  for  commercial  purposes. 

Existing  Corporations  may  take  the  benefit  of  the  revision  of  1887,  by  re- 
solution of  board  of  directors  cei-tified  under  seal  and  attested  by  the  pre'si- 
dent  with  his  seal. 

Costs. — Court  may  tax  on  motions.  Plaintijff  may  be  required  to  give 
security  for  costs  before  final  judgment,  and  if  he  fails  to  get  it  within  ten 
days  after  rule,  suit  will  be  dismissed. 

Courts. — Terms  and  Jurisdiction  of: 

One  Supreme ;  Appellate,  where  matter  in  dispute  exceeds  one  hundred 
dollars,  the  legality  of  the  tax.  toll,  or  impost,  municipal  fine,  felony,  ques- 
tions of  law,  civil  cases  brought  in  district  court  where  matters  in  dispute 
exceeds  two  hundred  dollars,  possession  of  land  or  cases  brought  into  dis- 
trict court  from  another  court,  or  order  affecting  a  substantial  right  in  action 
or  proceedings,  and  the  usual  original  powers. 

[Ariz.  5.1 


ARIZONA.  45 

District  Courts. — There  are  three  district  courts.  Original  jurisdiction 
•where  amount  exceeds  one  hundred  dollars,  inclusive  of  interest,  cases  in- 
volving title  or  possession  of  real  property,  appeals  from  probate  and  justice 
of  peace  courts  and  the  usual  powers  in  special  proceedings,  and  of  law  and 
of  equity  actions. 

Justices''  Courts. — Of  actions  arising  on  contract  for  recovery  of  money, 
damages,  injury  to  person,  taking  or  detaining  personal  property,  injury  to 
real  or  personal  property,  faie,  penalty,  forfeiture,  bonds,  surety,  undertak- 
ings, foreclosure  of  mortgages,  onforct-ment  of  liens  on  personal  property, 
recovery  of  personal  projierty.  Judgment  by  confessioii  when  amount  or 
value  docs  not  exceed  $300.  Title  to  real  property,  those  in  nature  of  ad- 
miralty cannot  be  tried  before. 

Court  Calendar.— 

TJir  termf;  ot  tho  district  courts  iu  the  first  judicial  district  shall  beheld  at  tlie 
times  following : 

1.  In  the  county  of  Pima,  at  Tuscson,  on  the  second  Monday  in  March  and  the 
second  Monday  In  September. 

2.  In  tlie  county  of  Cochise,  at  Tombstone,  on  the  second  Monday  in  May  and 
second  ISIonday  In  November. 

3.  In  the  county  of  (iraluun,  at  Solomonville,  on  the  second  Monday  in  April  and 
second  Monday  in  October. 

The  terms  of  the  district  courts  in  the  second  judicial  district  shall  be  held  at  the 
times  foUowins: 

1.  In  the  county  of  Maricopa,  at  Phcenix,  on  the  first  Monday  in  May  and  the  first 
Monday  in  November. 

2.  In  the  county  of  Gila,  at  Globe,  on  the  third  Monday  in  April  and  third  Mon- 
day in  October. 

8.  In  the  county  of  \uma,  at  Yuma,  on  the  fourth  ^Monday  in  March  and  the 
fourth  Monday  in  September. 

4.  In  the  county  of  Pinal,  at  Florence,  on  the  first  Monday  in  April  and  first  Mon- 
day in  October. 

TTie  terms  ot  the  district  courts  in  the  third  judicial  district  shall  be  held  at  the 
time  following: 

1.  In  the  county  of  Yavapai,  at  Prescott,  on  the  first  Monday  in  June  and  the  first 
Monday  iu  November. 

2.  In  the  county  of  JNIohave,  at  Kingaiar,  on  the  first  Monday  in  April  and  the  fli  si- 
Monday  in  September. 

3.  In  the  county  of  Apache,  at  St.  John,  ou  the  first  Monday  iu  July. 

Curtesy. — (See  Descent  and  Distribution.) 

Drummers. — Pay  license  tax  of  $50  per  quarter. 

Deeds. — (See  Conveyances  and  Acknowledgments.) 

Depositions. — Taken  within  county  without  commission  by  five  days' 
notice,  antl  one  day  for  each  twenty-five  miles  ;  out  of  county,  and  within 
United  States  by  commission  and  interrogatories  to  any  clerk  of  court  hav- 
ing a  seal,  notary  })ublic,  or  commissioner  of  deeds  for  this  territory  ;  if 
without  the  United  States  to  a  notary  public,  minister,  commissioner,  charge 
d'affaires,  consul-general,  consul,  vice-consul,  commercial  agent,  vice-com- 
mercial agent,  deputy  of  consul,  or  consular  agent  of  the  United  States. 
Commissioners  are  given  power  to  punish  for  contempt,  issue  subpoenas  and 
swear  interpreters.  Depositions  are  returned  either  by  mail,  or  by  any  per- 
son ;  if  by  mail,  the  postmaster  at  the  mailing  office  shall  endorse  thereon 
that  lie  received  them  from  the  hands  of  the  officer  before  whom  they  were 
taken ;  if  sent  by  a  person,  he  must  make  oath  that  he  he  received  them 
from  the  officer,  that  they  have  not  been  out  of  his  possession  and  have  not 
been  altered.  The  officer  shall  certify  that  the  answers  of  the  witness  were 
signed  aud  sworn  to  before  him  and  shall  seal  them  up  and  write  his  name 
across  the  seal,  and  endorse  the  names  of  the  parties  to  the  suit  and  of  the 
witness,  and  shall  direct  the  package  to  the  clerk  or  justice  who  issued  com- 
mission. (See  Acknoioledgments ,) 
[Ariz.  6.] 


4«  ARIZONA. 

Descent  and  Distributions. — Property  of  person  dying  intestate,  leaving 
neither  husband  nor  wife  living,  shall  descend  in  parcenary  to  male  or  female 
as  follows  :  1st.  To  his  children  and  their  descendants.  2d.  If  none,  then 
the  father  and  mother  equally  ;  if  only  one  survive,  then  in  two  equal  por- 
tions, one  to  survivor  and  one  to  brothers  and  sisters  of  deceased,  and  to 
their  descendants  ;  but  if  none  survive,  then  the  whole  to  the  sui'viving 
father  or  mother.  3.  If  neither  father  nor  mother  survives,  then  the  whole 
to  brothers  and  sisters  and  descendants.  4th.  If  no  such  kindred  survives 
then  in  two  moities,  one  to  the  paternal,  the  other  to  maternal  kindred,  as 
follows  :  -a.  To  grandfather  and  grandmother,  equally,  b.  If  only  one  sur- 
vive, then  in  two  parts,  one  to  survivor  and  one  to  the  descendants  of  the 
other,  c.  If  no  such  descendants,  then  the  whole  to  the  surviving  grand- 
parent, d.  If  no  grandjiarent  survives,  then  the  whole  to  their  descendants, 
passing  to  lineal  ancestors  and  their  descendants. 

When  there  survive  a  husband  or  wife,  it  descends  as  follows  :  If  there  be 
child  or  children,  or  their  descendants,  surviving  husband  or  wife  takes  one- 
third  of  personal  estate,  and  remainder  to  child  and  its  descendants  ;  surviv- 
ing Imsband  or  wife  has  life  estate  in  one-third  of  land  with  remainder  to 
child  and  its  descendants  ;  if  no  child  nor  children  or  their  descendants,  then 
.survivor  is  entitled  to  all  personal  estate  without  remainder,  and  tlie  other 
half  according  to  the  foregoing  rules ;  provided,  that  if  neither  father  nor 
mother  survives,  surviving  husband  or  wife  is  entitled  to  the  whole. 

No  distinction  is  made  in  the  descent  between  property  acquired  from 
father  or  niother,  'provided,  intestate  is  adopted  heir,  and  leaves  no  husband, 
wife  or  child,  then  it  goes  to  the  person  and  heirs  who  adopt  them.  In  col- 
lateral kindred,  half  blood  inherit  half  as  much  as  the  whole  ;  but  if  all  are 
of  the  half  tliey  take  all.  Only  those  in  being  at  time  of  death  inherit. 
Common  property  goes  one-half  to  survivor  and  the  other  to  child,  but  if  no 
eliild,  then  to  survivor.  Issues  before  marriage,  and  those  of  a  marriage 
deemed  null  in  law,  are  legitimate.  Bastards  inherit  from  mother  and  may 
transmit  estates,  also  distribiite  a  share  of  personal  estate  of  kindred. 

It  is  no  bar  that  ancestor  is  or  has  been  an  alien.  If  property  descends  to 
alien,  he  has  five  years  to  become  a  citizen  and  take  possession,  or  sell  the 
same,  provided  that  treaties  of  the  United  States  with  nation  of  alien  do  not 
otherwise  direct  ;  and,  provided  that  aliens  may  take  and  hold  by  descent 
from  alien  or  citizen,  in  the  same  manner  in  which  citizens  of  the  United 
States  may  take  by  devise  or  descent  within  country  of  alien. 

The  estates  by  curtesy  and  dower  are  abolished. 

Divorce. — (See  Ilushand  and  Wife.) 

Dower. — {See  Descent  and  Distrihution.) 

Equity  of  Redemption. — None,  except  for  taxes. 

Executions. — In  district  court  are  returnable  at  the  next  term  of  court,  or 
in  thirty,  sixty,  or  ninety  days,  as  requested.  Alias  and  pluries  may  issue. 
Stock  upon  range  may  be  levied  upon  without  actual  possession.  Personal 
])roperty  sold  on  ten  days'  notice  ;  proceedings  supplementary  to,  are  the 
usual  statutes.  From  justices  of  the  peace  courts  returnable  in  sixty  days 
may  be  issued  within  five  years. 

Executors. — (See  Probate  Law.) 

Exemptions. — Personal  property  to  the  value  of  one  thousand  dollars  to 
a  family  only  ;  to  be  selected  by  a  debtor,  if  not  selected  by  him  officer  may 
select  and  ajjpraise  the  same  at  expense  of  debtor.  Earnings  of  debtor  for 
thirty  days  next  previous  to  levy,  and  necessary  to  family  support,  except 
the  homesteads,  partly  by  his  labor. — {See  Homesteads.) 

[Ariz.  7.] 


ARIZONA.  47 

£vidence. — Parties  in  interest  may  testify  ;  no  person  is  incompetent  on 
account  uf  religious  opinions  or  want  of  religious  belief,  on  account  of  color 
or  because  lie  lias  been  indicted,  accused  or  convicted  of  a  crime.  Wife  of 
party  is  competent.  Parties  cannot  testify  to  any  transaction  with  testator, 
intestate  or  ward,  unless  called  by  opposite  party  or  by  the  court. 

Gamisluuent. — (See  AttacJimetits.) 

Grace. — (See  Bills.) 

Holidays. — Sundays,  New  Years,  "Washington's  birthday,  Memorial  day, 
Fourth  of  July,  Christmas,  Thanksgiving  day,  when  it  falls  upon  Sunday 
next  day  is  ;  in  computing  time,  if  the  last  day  is,  it  must  be  excluded.  No 
suit  can  be  commenced  on,  except  injunctions,  attachment  and  replevin.  No 
protest  can  be  made  on. 

Homestead. — Head  of  family  may  hold  real  property,  selected  to  the  value 
of  $4,000,  the  declaration  of  wiiicli  must  be  recorded  ;  if  over  $4,000  credi- 
tor may  have  appraisers  appointed  and  sell  the  residue.  Cannot  be  sold  or 
alienated  in  any  way  without  consent  of  wife. 

Husband  and  Wife. — All  real  and  personal  property  acquired  by  either 
before  marriage,  and  that  afterwards  by  gift,  devise,  or  decent  with  the  ifi- 
crease,  rents,  issues  and  profits  in  separate  i)ropertj%  and  not  liable  for  the 
debts  of  the  other. 

Divorce. — Incurable  impotency  or  other  impediment  at  the  time  of  mar- 
riage, excesses,  cruel  treatment,  outrage,  whether  by  the  use  of  personal 
violence  or  any  other  means.  In  favor  of  the  husband  where  the  wife  has 
committed  adultery,  or  six  months'  abandonment  ;  in  favor  of  wife,  six 
months'  abandonment,  habitual  intemperance,  six  months'  wilful  neglect  to 
provide,  either  having  the  ability  to  do  so,  or  by  reason  of  idleness,  profligacy 
or  dissipation,  adultery  ;  in  favor  of  husband  or  wife  for  conviction  after 
marriage,  of  a  felony.  Complainant  must  be  an  actual  bojia  fide  resident  of 
the  county  for  six  months  next  preceding  the  filing  of  the  suit. 

Injuries  Resulting  in  Death. — Actions  for,  are  for  benefit  of  the  surviv- 
ing husband,  wife,  children  and  parents,  and  is  not  liable  for  debts  of  de- 
ceased ;  action  may  be  brought  by  one  or  more  for  the  benefit  of  all,  within 
six  months  after  date  ;  if  not  then,  by  administrator. 

Insolvent  Laws. — None.     {See  Assignments.) 

Interest. — AVhere  no  express  agreement  fixing  a  different  rate,  seven  per 
cent.  ])er  annum  on  all  moneys  after  they  become  diie,  on  anj-  bond,  bill, 
promissory  note  or  other  instrument  in  writing,  or  judgment  recovered  in 
this  territory  for  money  lent,  for  money  dvie  on  .settlement  of  accounts,  and 
money  received  for  the  use  of  other  parties,  may  agree  to  any  rate  in  writing. 
Other  states  are  presumed  to  have  the  same  law. 

Judgments. — Judgments  may  be  confessed  by  power  or  warrant  of  attor- 
ney. For  money  or  damages  may  be  entered  in  vacation.  In  district  court 
becomes  dormant  in  twelve  months  if  execution  has  not  been  issued,  and  if 
execution  issued  within  twelve  months,  then  five  years.  Where  execution  is 
not  issued  within  twelve  months  after  judgment,  may  be  revived  by  scire 
facias  or  action.  ^lay  be  had  on  open  accounts  supported  by  affidavit  of 
plaintiff,  his  agent  or  attorney,  to  the  effect  :  that  it  is  within  tlie  knowledge 
of  affiant  just  and  time,  that  it  is  due,  and  that  all  just  and  lawful  off-sets, 
payments  and  credits  have  been  allowed. 

Justices'  of  tlie  Peace.— C&e  Courts.) 

[Ariz.  8.] 


48  ARIZONA. 

License. — (See  Drummers.) 

Liens. — Of  every  form,  attempted  to  be  given  by  owner  on  any  stock  of 
goods,  wares  or  merchandise,  in  bnsiness,  which  contemplates  a  continua- 
tion of  possession  is  void.  Judgments,  when  entered  in  the  abstract  book  of 
clerk,  are  a  lien  upon  all  the  real  estate  from  that  date  ;  in  one  county  may 
be  abstracted  in  another,  and  become  a  lien.  Mechanic's  or  other  lien  upon 
homestead  must  be  upon  contract  signed  by  wife  ;  lien  expires  in  four 
months,  unless  suit  brouglit.  Hotel  keepers,  livery  men,  material  men,  have 
liens  for  the  amount  of  their  charges,  and  they  sell  the  property  after  thirty- 
five  days  possession  of  property. 

Limitations. — To  recover  real  estate,  three  years  after  cause  accrued ;, 
where  founded  on  possession,  two  years.  One  year  :  actions  for  personal  in- 
juries, malicious  prosecution,  false  imprisonment,  libel,  slander,  seduction, 
breach  of  promise,  and  injuries  for  death.  Two  years  :  actions  for  trespass, 
injuries  to  property,  detention  of  personal  i^roperty,  conversation,  trover, 
upon  judgment  or  decree  rendered  without  the  territory,  upon  an  instru- 
ment of  writing,  executed  without  the  territory,  the  time  to  be  computed 
from  the  arrival  of  the  party  pleading  the  statute  in  the  territory.  Three 
years  :  actions  after  the  cause  of  action  shall  have  accrued,  for  debt  where 
the  indebtedness  is  not  evidenced  by  a  contract  in  writing,  upon  state  or  oi^en 
accounts  (other  than  muttial  and  current  accounts  of  merchant  and  merchant 
or  their  factors  or  agents.)  Four  years  :  after  cause  of  action  accrues,  ac- 
tions for  the  penalty  or  for  damages  on  a  penal  clause  of  a  bond  to  convey 
real  estate ;  partnership  accounting,  or  vipon  mutual  and  current  accounts 
between  merchant  and  merchant,  their  factors  or  agents,  dating  from  cessa- 
tion of  dealings,  on  bond  of  executors,  administrators,  guardians,  (dating 
from  death,  resignation,  removal  or  discharge.)  All  actions  for  which  na 
limitations  is  prescribed,  except  to  recover  real  estate,  actions  to  contest 
wills  and  to  cancel  a  will  for  forgery  or  fraud,  two  years  after  the  discovery 
thereof.  Five  years  :  actions  for  debt  evidenced  by  or  founded  upon  any 
contract  in  writing,  made  within  this  territory.  Limitation  ceases  during 
absence  ;  new  acknowledgment  or  promise  must  be  made  in  writing.  No 
demand  shall  be  barred  by  removal  to  this  territory  for  twelve  months,  un- 
less previously  barred  by  country  from  which  he  emigrated.  Disabilities, 
where  under  twenty-one  years,  unsound  mind  and  from  imprisonment,  must 
be  specially  j)leaded. 

Married  Women. — (See  Ilushand  and  Wife,  and  separate  froiwrty.) 

Mechanics  Liens. — (See  Liens.) 

Minors. — Become  of  age  at  twenty-one  years. 

Mortgages. — Mortgages  may  be  given  upon  all  realty  or  interest  therein. 
Trust  deeds  may  be  given  upon  all  interests  in  real  estate,  and  may  be  closed 
out  by  sale  without  foreclosure. 

Mortgages,  Chattel. — May  be  given  upon  all  personal  property,  except  stock 
of  merchandise.  The  original  or  certified  copy  may  be  filed  with  the  recor- 
der, and  parties  to  it  must  attach  an  affidavit  that  it  is  bona  fide,  and  made 
without  any  design  to  defraud  or  delay  creditors. 

Mortgagor  may  retain  possession  of,  condition  is  broken  if  he  removes  pro- 
perty from  county  or  sells  or  disposes  of  same  without  consent  of  mortga- 
gee, who  may  then  sell  and  pay  debt  whether  the  same  is  due  or  not.  If 
property  is  removed,  mortgagee  has  one  month  to  file  copy  of  mortgage  in 
county  to  which  property  is  taken. 

Mortgages  of  real  property  must  be  executed,  acknowledged  and  proved 
as  other  conveyances.  Sale  of  real  property  under  mortgage  must  be  order- 
ed by  court. 

Notes  and  Bills  of  Exchange.— ('See  Bills  of  Exchange,  Etc.) 

[Ariz.  9.] 


ARIZONA.  49 

Oaths. — Judjres  of  courts  of  record,  their  clerks  and  deputies,  notaries 
public  iind  justices  of  the  peace  have  power  to  admiuster. 

Partnership. — Doing  business  in  this  territory  under  a  fictitious  name  or 
a  dcsiynatiou  not  showing  names  of  persons  interested  as  i)artners,  must  file 
witli  tliu  recorder  of  county  a  certificate  stating  names  in  full  of  all  their 
members  and  their  place  of  business. 

Principal  and  Surety. — Principal  must,  if  required  by  notice  in  writing 
by  surety,  bring  suit  within  sixty  days.  Surety  may  requii'e  execution  against 
property  of  pnncipal.  Surety  cannot  be  sued  unless  principal  is  joined,  un- 
less principal  resides  beyond  the  territory,  or  residence  unknown,  or  is 
beyond  the  jirocess  of  law,  dead  or  notoriously  and  actually  insolvent. 

Probate  Law. — Wills  must  be  proved  and  letters  granted  in  the  county  of 
residence  of  the  deceased;  if  non-residents,  or  absent  at  the  death,  in  any 
county  where  death  may  be  ;  in  all  other  cases  where  application  for  letters 
is  first  made.  If  wills  are  proved  elsewhere  may  be  allowed  and  recorded 
here.  Wills  in  existence  at  time  of  death  may  be  proved  if  lost.  Nuncupa- 
tive must  be  reduced  to  writing  within  six  days  after  spoken,  and  proved 
within  six  months.  Administration  of  intestate  are  granted  in  the  follow- 
ing order  :  Surviving  husband  or  wife,  or  competent  person  by  such  reques- 
ted, children,  father  or  mother,  brothers,  sisters,  grand  children  next  of  kin 
who  share  in  the  distribution,  creditors,  any  person  legally  ctnnpetent ;  sur- 
viving partner  cannot  be  appointed ;  males  are  preferred  to  females,  the 
whole  to  the  half-blood.  Married  women  camiot  be  appointed,  Inventory 
and  api)raisement,  including  homestead  and  exempt  propei-ty  must  be  re- 
turned. Widow  and  children  entitled  to  the  possession  of  homestead,  wear- 
ing apparel  and  furniture,  and  may  have  set  apart  for  their  use  the  home- 
stead ill  value  not  exceeding  $4,000,  and  personal  property  not  exceeding 
$1,000.  Administrator  must  publish  a  notice  to  creditors  not  less  than  once 
a  week,  for  four  weeks.  If  the  estate  is  worth  more  than  $3,000,  claims 
must  be  presented  within  ten  months  after  first  publication,  otherwise  four 
months. 

Every  claim  presented  to  the  executor  or  administrator  shall  be  supported 
by  the  affidavit  of  the  claimant  that  the  amount  is  justly  due,  that  no  pay- 
ments have  been  made  thereon,  and  that  there  are  no  oft'-sets  to  the  same  to 
the  knowledge  of  the  claimant  or  other  affiant,  provided,  that  when  the  affi- 
davit is  made  by  any  other  person  than  the  claimant,  he  shall  set  forth  in  the 
affidavit  the  reason  it  is  not  made  by  the  claimant.  The  oath  may  be  taken 
before  any  officer  authorized  to  take  oaths.  The  executor  or  administrator 
may  also  require  satisfactory  vouchers,  or  proofs,  to  be  produced  in  support 
of  the  claim.  The  amount  of  interest  shall  be  computed  and  included  in  the 
statement  of  the  claim.  If  the  claim  be  founded  on  a  bond,  bill,  note  or 
other  instrument,  the  original  instrument  shall  be  presented.  If  the  claim, 
or  any  part  thereof  be  secured  by  a  mortgage  or  other  lien,  such  mortgage  or 
other  evidence  of  lien  shall  be  attached  to  the  claim  and  filed  therewith,  un- 
less the  same  be  recorded  in  the  office  of  the  recorder  of  the  county  in  which 
the  land  lies,  in  which  case  it  shall  be  sufficient  to  describe  the  mortgage  or 
lien,  and  refer  to  the  date,  volume  and  page  of  its  record. 

When  a  claim  has  been  presented  to  the  executor  or  administrator,  he  shall 
indorse  thei-eon  his  allowance  or  rejection,  with  the  day  and  date  thereof;  if 
he  allow  the  claim,  it  shall  be  presented  to  the  probate  judge  for  his  approval, 
who  shall  in  the  same  manner  indoise  upon  it  his  allowance  or  rejection.  If 
the  executor  or  administrator,  or  the  judge,  refuse  or  neglect  to  indorse  such 
allowance  or  rejection,  for  ten  days  after  the  claim  shall  have  been  presentt'd 
to  him,  such  refusal  or  neglect  may  be  deemed  eqiTivalent  to  a  rejection,  and. 
if  the  presentation  be  made  by  a  notary,  the  certificate  of  such  notary,  under 
seal,  shall  be  prima  facie  evidence  of  such  presentation  and  rejection. 

When  a  claim  is  rejected  the  holder  must  bring  .suit  against  the  executor 
[Ariz.  10.1 


56  ARIZONA. 

or  administrator  within  three  months  after  tlie  date  of  its  rejection,  if  it  be 
then  due,  or  within  two  months  after  it  becomes  due,  otherwise  the  claim 
shall  be  forever  barred. 

Possessory  Rights.— Arc  held  and  claimed  as  real  estate. 

Revenue.— The  law  provides  for  territorial  revenue,  thirty-five  cents ; 
county  purposes,  two  dollars,  and  may  be  more  when  levied  ;  lien  of  attachee 
on  the  first  Monday  in  March  ;  and  become  delinquent  Februrary  1st,  next ; 
real  property  is  sold  on  judgment  in  district  court.  A  party  in  interest  has 
one  year  to  redeem  with  thirty  per  cent,  penalty. 

Revision. — Last  one  in  1887. 

Separate  Property. — Real  or  personal  property  owned  or  claimed  by  hus- 
■band  or  wife,  or  that  acquired  after  marriage,  by  gift,  devise,  or  descent,  and 
the  increase,  rents,  issues  and  profits  are  ;  the  earnings  and  accumulations  of 
■wife,  and  of  her  minor  children,  in  her  custody  while  living  apart  from  hus- 
band are ;  all  other  property  is  common  property,  and  can  be  disposed  of  by 
husband  only ;  of  either  husband  or  wife  is  not  liable  for  the  debts  for  the 
other ;  married  women  over  twenty-one  years,  have  exclusive  control  of,  and 
she  may  contract,  sell,  mortgage,  devise  or  bequeath  it  as  if  vmmarried. 
Wife  may  contract  debts  for  necessaries,  and  court  may  decree  execution ; 
1st.  Against  common  property ;  2d.  Against  the  separate  jjroperty  of  hus- 
band ;  3d.  Against  the  separate  property  of  wife. 

Summons. — {See  Answer  day.) — Publication  of,  may  be  made  when  de- 
fendant is  non-resident,  or  absent,  or  is  a  transient  person,  or  residence  is  un- 
known ;  or  a  foreign  corporation,  having  no  legally  appointed  agent  in  terri- 
tory, or  defendant  absents  himself  to  avoid  service,  for  four  weeks  succes- 
sively, upon  affidavit.  When  residence  is  known,  copy  of  complaint  and 
summons  is  to  be  mailed.  Unknown  heirs  may  be  sued  without  name.  May 
be  made  personal  on  any  president,  secretary,  treasurer,  or  local  agent  of 
corporation.  On  railroad,  telegraph,  or  express  companies,  on  agent  who  re- 
sides or  can  be  found  in  the  county. 

Wills. — ^Persons  twenty-one  years,  or  over,  or  lawfull^y  married,  of  sound 
mind,  may  make  ;  if  in  writing,  is  signed  by  testator,  or  by  another,  by  his 
direction,  and  in  his  presence  ;  and  if  not  entirely  written  by  himself,  be  at- 
tested by  two  or  more  credible  witnesses,  over  fourteen  years  old.  Where 
will  is  entirely  written  by  testator,  it  need  not  be  subscribed.  Nuncvipative 
wills  may  be  made  for  less  than  $50  ;  over,  must  be  proved  by  three  credible 
witnesses. 


lAriz  11.] 


AinZONA. 


51 


ATTORNEY'S  IN  ARIZONA  TERRITORY. 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  population. 
Figures  after  names  when  admitted  to  the  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (|)  our  Compiler  of  Laws. 
A  dagger  (f)  former  recommendations  withdrawn. 


PLACE. 

COUNTY, 

Bisbee 

Cochise 

Flagg  Staft" 

Yavapai 

Florence 

Pinal 

Globe 

Gila 

Holbrook 

Apache 

Mineral  Park 

Mohave 

Phoenix 

^Maricopa 

Prescott 

Yavapai 

Solomonsville 

Graham 

St.  Johns 

Apache 

Tombstone 

Cochise 

Tuscon 

Pima 

Yuma 

Yuma 

NAMES    OF   ATTORNEYS.     POPULA'n 


G.  G.  Johnson, 
W.L.  Van  Horn.  '83 
H.  B.  Summers. 
Lemon  &  McCabe. 
T.  S.  Bunch. 
W.  G.  Blakeley. 
Tweed  &  Hancock. 
t  E.  M.  Sanford. 

See  Card  in  A2ipendix,page  ii. 
James  Hall. 
Hon.  R.  E.  Morrison. 
Geo.  G.  Berry. 
A.  S.  Dungau. 
S.  M.  Knight. 


700 

300 

1,364 

1,350 

300 

618 

2,708 

2,074 


546 
5,4C0 
9,743 
1,2C0 


BANKS  IN  ARIZONA  TERRITORY. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  of  one 
bank  in  each  county  of  this  Territory  in  which  such  a  banking  institution  is  located. 


PLACE. 

Benson 
Flagstaff 

Phoinix 

Prescott 

Tombstone 

Tucson 


NAME   OF    BANK. 

Rogers  Bros 
Arizona  Central  Bank 
Bank  of  Flagstaff 
Valley  Bank 
Kales  &  Lewis 
Bank  of  Arizona 
Bank  of  Prescott 
Cochise  County  Bank 
Bank  of  Tombstone 
Bank  of  Tucson 
D.  Henderson 


PAID  UP 

CASHIER. 

CAPITAL. 

J.  H.  Tracy. 

$30,000 

J.  H.  Hoskins,  Jr. 

William  Christy. 

50,000 

100,000 

W.  E.  Hazeltine. 

50,000 

J.  F.  Meader. 

Albert  Springer. 

100,000 

R.  M.  Wood. 

50,000 

100,000 

75,000 

STATE   OF 

ARKANSAS. 

SUMMARY   OF 

COLLKCTION     LaW3. 

COTTRT  Calendar,  Instructions  for  taking   Depositions,  Legal  Forms,  Etc. 

Expressly  Prepared  and  IIevised  to  Nov.  1st,  1SS7,  for  "Showers' 

Legal,  Directory  and  Merchants'  Guide."  for  1888,  by 

T.  J.  Ouphint,  Esq.  of  the  Little  Rock  Bar. 

Acknowledgments. — When  deeds  are  acknowledged  or  proved  in  this 
state,  i)root'  of  acknowledgment  may  bo  taken  before  the  Snpreme  Court, 
or  cither  judge  or  clerk  thereof,  or  the  clerk  of  any  court  of  record,  or  any 
justice  of  the  peace  or  notary  pul;)lic  ;  anywhere  else  in  the  United  States, 
i)efore  any  court  of  the  United  States,  or  any  state  or  territory  having  a 
xeal,  or  the  clerk  thereof,  mayor  or  chief  officer  of  any  city  or  town  having 
a  seal  of  office,  or  before  a  notary  public,  or  any  commissioner  for  the  State? 
of  Arkansas.  Out  of  the  United  States,  before  any  court  of  any  state,  king- 
dom or  empire  having  a  seal,  or  any  mayor  or  chief  officer  of  any  city  or 
t  )wn  having  an  official  seal,  or  before  any  officer  of  any  foreign  country 
who  by  its  laws  is  authorized  to  take  probate  of  conveyance  of  real  estate 
<if  his  own  country,  if  he  have  an  official  seal. 

Tlie  proof  of  the  execution  of  a  deed  is  made  by  one  or  more  of  the  sub- 
scribing witnesses  making  affidavit  before  the  proper  officer  or  court  that  he 
saw  the  grantor  subscribe  it,  or  had  heard  him  acknowledge  that  he  had  sub- 
scril)ed  and  executed  it  for  the  purposes  and  considerations  therein  mentioned, 
and  that  he  or  they  had  subscribed  at  his  request.  If  the  witnesses  are 
dead  or  cannot  be  had,  proof  of  the  hand  writing  of  tlie  grantor  and  that 
of  at  least  of  one  of  the  subsci'ibing  witnesses  may  be  proved  by  two  or 
more  disinterested  witnesses  swearing  to  each  signature. 

If  the  grantor  is  nnlvuown  to  the  officer  or  tlie  court,  his  identity  can  be 
established  by  affidavits  indorsed  on  the  conveyance.  The  husband  must  join 
in  the  conveyance  of  the  wife's  lands,  if  the  lands  were  acquired  before 
October  loth,  1874,  if  acquired  since  that  time,  she  can  convey  either  as  a 
single  person  or  in  the  form  prescribed  by  the  statute  for  conveyances  by 
married  women.  If  the  grantor  is  unknown  to  the  officer  or  court,  his  iden- 
tity can  be  established  by  affidavits  indorsed  on  the  conveyance.  After  a 
deed  is  filed  for  recoi-d  it  is  notice  to  all  the  world,  but  recording  is  not  com- 
pulsory. When  husband  and  wife  convey  lands  of  the  husband,  the  certificate 
of  acknowledgment  must  sliow  tliat  tlio  wife  acknowUidged  her  relin(]uislL- 
ment  of  dower,  but  not  when  tlie  lands  belong  to  the  wife.  Neither  deeds 
nor  mortgages  are  re(iui red  to  be  filed  for  record  within  any  specified  time, 
but  mortgages  are  not  liens  until  filed  for  record.  Seals  are  not  required 
luidcr  tlie  law  to  any  instrument  of  writing.  The  following  are  substan- 
tially all  the  forms  necessary,  for  deeds  and  mortgages,  and  adajited  to  each 
conveyanci!,  to-wit: — 

[.Vrk."  L] 


ARKANSAS.  53 

Form  of  Afl.iiiitrhddiiu  III  fur  a   Si/if/le  Pt  rsoii. 

Statk  ov I* 

COUXTY  OK S 

Be  it  remembered  that  on  tliisday.  ijcrsuiially  ajJiR'ared  bcfiMv  me  (here  in- 
sert the  name  and  title  of  the  offieer. )  Joim  Smith,  to  me  well  known  as  the 
yiantor  in  the  forefi'oinf^-  deed,  and  stated  that  he  had  exeented  the  same  for 
the  consideration  and  puri)oses  therein  mentioned  and  set  fortli. 

Witness  my  hand  and  official  seal  as  such  (here  insert  title  of  the  official) 
this day  of IS — .  (Sujnat'ire  and  title.) 

Form  (if  Ar/./ioirli'd;/meiit  of  Ilaahdnd  mid    M'ifc   Voiireyinij 
Ilushand's  Laud. 
Statk  of } 

COLXTY  Of *i 

Be  it  remembered  that  on  this  day,  came  before  the  undersigned  (here  in- 
sert name  and  title  of  officer)  within  ami  for  the  county  aforesaid,  duly  com- 
missioned and  acting,  John  Smith,  to  me  well  known  as  the  grantor  in  the 
foregoing  tleed,  and  stated  that  he  had  executed  the  same  for  the  considera- 
tion and  jnirposes  therein  mentioned  and  set  forth. 

And  on  the  same  day  also  voluntarily  ajjpeared  before  me  Mary  Smith, 
wife  of  the  said  John  Smith,  to  me  well  known  as  the  person  signing  sai<l 
<leed,  and  in  the  absence  of  her  said  husband,  declared  that  she  had  of  her 
own  free  will  signed  and  sealed  the  relinquishment  of  dower  in  the  foregoing 
deed,  for  the  purposes  therein  contained  and  set  forth,  without  compulsion 
or  un-due  influence  of  her  said  husband. 

"Witness  mv  hand  and  seal   as  such  (title  of  the  officer)  on  this day  of 

18—. 

(Sig/iature  arid  title  of  t/w  officer.) 

Form,  of  Deed  of  IInKhinid  and.    Wife  to  the    Wife's  Land.s. 

State  of } 

CouxTY  OK —  ;> 

On  this  day  came  before  me  a  didy  commissioned,  qualified,  and  acting 
(here  insert  name  and  title  of  the  officer)  within  and  for  the  county  afore- 
said, John  Smith  and  IJIary  Smith,  his  wife,  to  me  well  known  as  the  grant- 
ors in  the  foregoing  deed.  And  the  said  John  Smith  stated  that  he  had  exe- 
cuted the  same  for  the  consideration  and  purposes  therein  mentioned  and  set 
forth.  And  also  voluntarily  appeared  before  me  the  said  INIary  Smith,  and  in 
the  absence  of  her  husband,  declared  that  she  had  of  her  own  free  will  exe- 
cuted the  same  for  the  purposes  therein  contained  and  set  forth,  without 
compulsion  or  imdue  influence  of  her  said  husband. 

"Witness  mv  hand  as  such  (here  insert  title  of  officei-)    on   this dav  of 

18—. 

(Signature  and  title  of  opcer.) 

Any  substantial  deviation  from  this  form  of  acknowledgment  is  fatal. 
The  omission  of  either  of  the  words  "  consideraticm  "  or  '' purposes  "  will 
avoid  the  acknowledgment. 

Form  if  Proof  of  Subscribi/ig   Witnesses. 
State  of } 

Coi  XTY  OK !i 

Be  it  remembered  that  on  this  day  came  before  me,  a  notary  public,  in  and 

for  said  county  and  state ,  one  of  tlie  subscribing  witnesses  to  the 

foregoing  deed,  to  me  personally  well  known,  who,  being  by  me   first   duly 
[Ark.  2.] 


64  ARKANSAS. 

sworn,  stated  that  he  saw ,  the  grantor  in  said  deed,  subscribe  the' 

same  on  the  day  of  its  date,  or  that  he  acknowledged  in  his  presence  on  tlie 

. (lay  of —,  18 — ,  tliat  he  had  executed  said  deed  for  tlie  consideration 

and  purposes  tlierein  expressed.  And  that  he  and ,  the  other  sub- 
scribing witness  subscribed  said  deed  as  attesting  witnesses  at  the  request 
of  said  grantor. 

In  testimony  whereof,  I  have  hereto  set  my  hand  and  seal  of  office  on  this 

day  of ,  18—. 

{Signature  and  title.) 

Form  of  Proof  of  Hand-writing  of  Grantor  and  Subscribing   Witness. 

State  of ? 

County  of —  ^ 

Be  it  remembered  that  on  this day  of ,  18 — ,  came  before  me,  a 

notary  public,  in  and  for  said  county  and  state,  John  Doe  and  Richard  Roe, 
and  upon  their  oaths  stated  that  the  signatures  of  the  grantor  in  the  fore- 
going deed,  and  of ,  a  witness  thereto,  are  genuine,   and  are  in  the 

handwriting  of  said and respectively. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  seal  of  office  on 

this day  of 18 — . 

{Signature  and  title.) 

Actions. — {See  Suits.) 

Administration. — {See  Claims  against  Estates  of  Deceased  Persons.) 

Affidavits. — Maybe  made  in  the  state  before  any  officer  authorized  tO' 
take  acknowledgments  of  deeds.  And  out  of  the  state  before  a  commission- 
er of  Arkansas,  judge  of  a  court,  mayor  of  a  city,  notary  public,  or  justice 
of  the  peace.  If  made  before  an  officer  having  no  seal,  his  official  charac- 
ter must  be  certified  by  a  clerk  of  a  court  of  record.     See  Proof  of  Claims. 

Aliens. — May  own,  devise,  transmit,  inherit,  or  in  any  way  acquire  or 
dispose  of  lands  or  other  property. 

Appeals. — May  be  taken  from  the  judgment  of  a  justice  of  the  peace  tO' 
the  circuit  court  within  thirty  days  from  the  date  of  tlie  judgment.  An 
appeal  from  the  circuit  court  to  the  supreme  court  may  be  taken  at  any  time 
within  three  years  from  the  date  of  the  judgment  appealed  from.  Infants, 
married  women,  and  persons  of  unsound  mind  at  the  time  of  rendering  such 
judgment,  have  one  year  after  the  removal  of  their  disabilities  in  which  to 
appeal.  Should  one  of  such  persons  die,  his  legal  representative  may  appeal 
at  any  time  within  one  year  from  the  date  of  his  death. 

Appeals  to  the  circuit  court  from  the  probate  court  may  be  taken  at  any 
time  within  one  year  from  the  date  of  the  judgment  and  from  the  county 
court  to  the  circuit  within  six  months  from  the  date  of  the  judgment. 

Arrest. — The  defendant  may  be  arrested  in  a  civil  action,  upon  the  plain- 
tiff filing  an  affidavit  stating  the  nature  of  his  claim  or  debt,  charging  the 
defendant  with  fraud  in  contracting  the  same,  that  it  is  just  the  amount  or 
value  the  plaintiff  bc'lievcs  he  ought  to  recover,  and  that  affiant  believes, 
either  the  defendant  is  about  to  depart  from  the  state,  and  with  the  intent  to- 
defraud  his  creditors,  has  concealed  or  removed  from  the  state  his  property, 
or  so  much  thereof  that  the  process  of  the  court  after  judgment  cannot  be 
executed,  or  tluit  the  defendant  has  money,  or  securities  for  money  or  evi- 
dence of  debt  in  tlie  possession  of  himself,  or  others,  for  his  use,  and  is 
about  to  depart  from  tlio  state  without  leaving  property  therein  sufficient  to 
satisfy  the  claim  of  tlie  ])laintift',  Bond  must  be  given  to  indemnify  the  de- 
fendant, with  one  or  more  sufficient  securities,  who  need  not  be  owners  of 
real  property. 

]Ark.  3.] 


ARKANSAS.  5$ 

Assignments. — Tn  all  cases  wUcro  any  person  shall  assign  any  property, 
r.-iil,  personal,  mixed,  or  Glioses  in  action  for  the  payment  of  debts,  before 
llie  assifjnee  shall  be  entitled  to  take  possessi(m,  sell,  or  in  any  Avay  manage, 
or  control  any  property  so  assigned,  he  shall  file  in  the  offiee  of  the  clerk  of 
the  circuit,  court  having  eqixity  jurisdiction,  a  complete  inventory  and  descrip- 
tion of  said  property,  and  execute  a  bond  to  the  State  of  Arkansas  in  double  the 
value  of  the  property,  with  security  to  be  approved  by  tlie  court,  conditioned 
tliat  the  assignee  shall  execute  the  trust,  sell  the  property  to  the  best  advan- 
tage, and  the  proceeds  thereof  to  the  creditors  mentioned  in  the  assignment, 
according  to  the  terms  thereof,  and  faithfully  perform  his  duties  according 
to  law. 

The  assignee  shall  at  the  first  temi  of  the  court  after  one  year  from  the 
date  of  the  assignment,  and  at  the  corresponding  terms  of  the  court  there- 
after, until  the  proceeds  of  the  assigned  property  be  disposed  of,  file  his  ac- 
counts in  the  clerks'  office  of  the  said  court.  The  reports  of  the  assignee 
sliall  be  examined  by  the  court  and  may  be  allowed  credit  for  such  debts  as 
are  uncollectible,  and  a  compensation  not  to  exceed  ten  per  cent,  on  sums 
mider  one  thousand  dollars,  and  five  per  cent  on  all  sums  exceeduig  that 
amount. 

If  the  property  is  involved  in  litigation  the  court  may  authorize  the 
assignee  to  employ  an  attorney. 

The  assignee  shall  be  required  to  sell  at  public  auction,  within  one  hundred 
and  twenty  days  from  the  execution  of  the  bond,  on  thirty  days  notice,  all 
the  property  assigned,  and  any  person  damaged  by  the  neglect,  waste  or  im- 
])roper  conduct  of  the  assignee,  may  bring  his  action  on  the  bond  in  the 
name  of  the  state  for  the  use  of  such  person. 

The  assignee  is  appointed  by  the  debtor,  and  the  acknowledgment  is  the 
same  as  that  of  a  deed. 

It  has  grown  into  a  practice,  now  in  this  state,  under  this  statute,  to  prevent 
attachments  by  creditors  not  consenting  to  assignment,  to  have  the  chancel- 
lor to  appoint  the  assignee  or  some  one  else  a  receiver,  to  take  charge  of  the 
]iroperty  and  administer  the  same  under  the  direct  orders  of  the  court,  and 
which  enables  the  parties  to  evade  the  sale  of  the  property  at  public  auction. 
It  is  also  held  here,  that  after  the  receiver  is  appointed  by  the  court,  that  the 
property  is  not  subject  to  attachment,  because  it  is  in  cusfocUa  legis. 

By  a  recent  act  of  the  legislature  it  is  provided  that  any  assignment  for 
the  benefit  of  creditors  may  be  contested  or  attacked  for  fraud  by  any  cred- 
itor, and  proof  of  fraud  on  the  part  of  the  assignor  shall  be  sufficient  to  in- 
validate the  assignment,  whether  the  assignee  knew  of  it  or  not.  Prior  to  this 
statute,  our  courts  had  held  that  the  assignment  was  good  provided  the 
assignee  did  not  know  of  the  fraud. 

Assignments  of  Bills  and  Notes. ^h.\\  bonds,  bills,  notes,  agreements  and 
contracts,  in  writing,  for  the  payment  of  money  or  property  or  for  both 
money  and  property,  shall  be  assignable.  The  maker  of  a  note,  when  sued 
by  an  assignee,  caimot  question  the  consideration  of  the  assignment. 

The  lien  or  equity  held  or  possessed  by  the  vendor  of  real  estate,  when  the 
same  is  expressed  upon  or  appears  from  the  face  of  the  deed  or  conveyance, 
shall  inure  to  tlie  benefit  of  the  assignee  of  the  note  or  obligation  given  for 
the  purchase  money  of  such  real  estate,  and  may  be  enforced  by  such  assignee. 

Bills  of  Exohanrje  and  Promissory  Notes  assigned  in  good  faith,  and  for  a, 
valuable  consideration  before  m  iturity,  are  governed  in  all  respects  by  the 
law  merchant  concerning  commercial  and  negotiable  paper. 

Assignee  of  a  note  or  bill  is  not  required  to  prove  the  assignment,  unless 
the  defendant  shall  annex  to  his  answer  an  affidavit  denying  such  assign- 
ment, and  alleging  that  one  or  more  of  said  assignments  on  such  instrument 
was  forged.  Nor  is  it  necessary  for  the  assignee  to  set  forth  the  considera- 
tion of  such  assignments  on  any  assigned  paper. 

All  blank  assignments  shall  be  taken  to  have  been  made  on  a  day  most  tc» 
the  advantage  of  the  defendant. 

No  assignor  shall  be  able  to  release  any  part  of  the  consideration  of  the 
instrument  by  him  assigned  after  the  assignment  thereof. 
[Ark.  4.] 


56  ARKANSAS. 

Attachments — The  plaintiff  in  a  civil  action  may,  at  commencement  there- 
of, have  an  attachment  against  the  property  of  the  defendant,  in  actions  for 
the  recovery  of  mone}%  where  the  action  is  against:  first,  a  defendant  or  sev- 
eral defendants,  who,  or  some  of  whom,  is  a  foreign  corporation  or  a  non- 
resident of  the  state,  notwithstanding  plaintiff's  non-residency;  or,  second, 
who  has  been  absent  from  the  state  four  months;  or,  third,  has  departed 
from  the  state  with  the  intent  to  defraud  his  creditors;  or,  fourth,  has  left 
the  county  of  his  residence  to  avoid  the  service  of  a  summons;  or,  fifth, 
so  conceals  himself  that  a  summons  cannot  be  served  upon  him;  or,  sixth, 
is  about  to  remove,  or  has  removed,  his  property,  or  a  material  part  thereof, 
out  of  the  state,  not  leaving  enough  therein  to  satisfy  the  plaintiffs  claim, 
or  the  claim  of  defendant's  creditors;  or,  seventh,  has  sold,  conveyed,  or  oth- 
erwise disposed  of  his  property,  or  suffered  or  permitted  it  to  be  sold,  with 
the  fraudulent  intent  to  cheat,  hinder  and  delay  his  creditors;  or,  eighth,  is 
about  to  sell,  convey,  or  otherwise  dispose  of  his  property  with  such  intent. 
But  an  attachment  shall  not  be  granted  where  the  defendant  is  a  foreign  cor- 
poration or  a  non-resident  for  any  claim  arising  other  than  upon  contract. 

Where  there  is  more  than  one  defendant,  the  estate  or  interest  of  such  de- 
fendant, as  embraced  in  the  above  sub-divisions,  is  subject  to  the  attachment. 

In  order  to  obtain  the  attachment,  the  plaintiff  must  file  in  the  office  of 
the  clerk,  or  the  justice  of  the  peace,  as  the  case  may  be,  his  complaint  under 
oath  showing  the  nature  of  the  claim,  that  it  is  just  the  amount  he  believes 
he  ought  to  recover;  and  the  existence  in  the  action  of  some  one  of  the 
grounds  of  attachment  above  enumerated.  The  affidavit  in  the  case  may  be 
made  by  an  agent  or  attorney.  The  lien  of  an  attachment  can  not  be 
affected  by  a  subsequent  general  assignment. 

The  order  of  attachment  is  issued  by  the  clerk  or  justice  f)f  the  peace,  on 
the  plaintiff  filing  a  bond  with  one  or  more  sureties,  conditioned  to  pay  all 
damages  the  defendant  may  sustain  if  the  order  is  wrongfully  obtained. 

Attaching  creditors  are  entitled  to  satisfaction  out  of  the  attached  property 
according  to  their  respective  priorities. 

The  sureties  in  the  attachment  bond  are  resiionsible  for  the  amount  of  the 
actual  damages,  which  do  not  include  attorneys'  fees  or  prospective  profits. 

Under  the  writ  of  attachment,  debts  due  the  defendant  may  be  gamisheed. 
But  if  the  garnishee  refuses  to  answer  and  pay  into  court,  the  only  way  is 
to  bring  a  separate  suit  against  the  garnishee  and  obtain  a  judgment  against 
iiim  and  ijroceed  by  execution  to  make  the  money;  the  only  object  to  be  ob- 
tained, in  suing  out  the  garnishment  in  the  attachment  case,  is  to  fix  a  lien  on 
the  property  or  fund  in  the  hands  of  the  garnishee  (unless  the  garnishee  sees 
proper  to  answer  and  pay  into  court,  which  if  he  does  it  is  a  full  protection 
to  him). 

Attachments  may  be  sued  out,  and  the  actions  in  which  the  same  are  ob- 
tained may  be  prosecuted  in  any  county  in  which  property  may  be  attached; 
or  a  garnishee,  who  is  indebted,  or  has  property  belonging  to  the  defendant, 
is  served  with  process. 

Tlie  creditor  may  have  an  attachment  before  his  debt  is  due,  when  the 
debtor  has  disposed  of  his  property  with  fraudulent  intent,  the  creditor  first 
I)i'ocuring  an  order  for  such  attachment  from  the  circuit  judge  or  clerk. 

Banks  and  Bankers. — The  general  laws  in  banking  applies  in  fliis  state, 
without  any  special  statutory  restrictions. 

Bills  of  Exchange  and  Promissory  Notes. — (See  Assignments  of  Bills  and 

Notes.) 

Bills  of  Lading. — There  is  no  special  legislation  on  this  subject  in  this 
state. 

Chattel  Mortgages. — ^lust  bo  acknowledged  and  proved  as  other  deeds 
and  mortgages,  but  are  good  between  the  parties  without  acknowledgment 
or  proof.     Filing  with  the  following  endorsement  serves  the  same  purpose  as 

[Ark.  5.] 


ARKANSAS.  57 

recording: — "This  instrument  to  be  filed  but  not  recorded."  Tlie  lien 
attaches  from  the  time  of  filing.  "When  not  recorded,  they  become  void  at  the 
end  of  a  year,  unless  the  mortgagee  or  his  agent  shall  file  an  affidavit  show- 
ing the  interest  the  mortgagee  has  in  the  mortgaged  property,  and  the 
amount  due  thereon.  This  must  be  filed  within  thirty  days  next  before  the 
end  of  the  year.  The  mortgagor  may  remain  in  possession  and  generally 
<k)es  until  a  breach  of  condition.  If  the  mortgagor,  by  the  conditions  of 
the  mortgage,  is  allowed  to  remain  in  possession  with  power  of  disposition, 
the  mortgage  is  void.     (S<'e  Mortyages  and  Deeds.) 

Claims  against  Estates  of  Deceased  Persons. — Claims  not  exhibited 
within  two  years  after  the  grant  of  letters  are  barred.  Claims  in  favor  of  the 
executor  or  administrator,  against  the  estate  of  liis  testator  or  intestate 
must  be  established  by  competent  testimony  in  the  probate  court,  and  the 
executor  and  administrator  nuist  make  the  same  affidavit  to  his  claim  which 
is  required  of  other  persons.  Claims  against  estates  are  payable  in  the  fol- 
lowing order:  first,  funeral  expenses;  second,  expenses  of  last  sickness. 
Mages  of  servants  and  demands  for  medicine  and  medical  attendance  durino- 
last  illness;  third,  judgments  rendered  against  the  deceased  in  his  life-time, 
which  are  liens  on  his  lands,  all  other  demands  exhibited  one  year  after  the 
grant  of  letters,  and  within  two  years  thereafter.  All  actions  pending  against 
tieceased  persons  at  the  time  of  their  death,  and  revived  against  their  per- 
sonal representatives,  are  considered  as  legally  exhibited  against  their  estates 
from  the  time  of  such  revival. 

All  actions  commenced  against  an  executor  or  administrator  are  consider- 
ed as  demands  legally  exhibited  against  his  estate  from  the  time  of  service 
of  process.  Claims  are  exhibited  by  delivering  to  the  executor  or  adminis- 
trator a  copy  of  the  judgment,  note,  or  other  written  contract,  and  exhibit- 
ing the  original;  or,  if  the  claim  is  on  an  account,  an  itemized  account  must 
be  delivered.  The  claimant  must  append  to  his  demand  an  affidavit  that 
nothing  has  been  paid  or  delivered  towards  the  satisfaction  of  the  demand 
except  whatis  credited  thereon,  and  that  the  siim  above  demanded  is  justlj^  due. 
The  affidavit  may  be  made  by  any  one  acquainted  with  the  facts  if  not  made 
by  the  claimant,  it  must  state  that  the  affiant  is  acquainted  with  the  facts 
swoni  to.  No  debt  shall  be  paid  or  allowed  until  this  affidavit  has  been  made, 
and  no  suit  on  a  claim  can  be  brought  until  the  affidavit  has  been  made. 
Before  whom  the  affidavit  can  be  made;  see  Affidavit. 

The  administrator  may  allow  a  claim  by  indorsing  his  approval.  If  the 
claim  is  approved,  it  shall  be  by  the  claiman,  returned  into  the  probate  court 
for  allowance  and  classification;  if  rejected,  the  claimant  must  give  the  ad- 
ministrator ten  days'  notice  of  the  presentation  of  the  claim  to  the  probate 
court  for  allowance,  tlie  court  will  hear  and  determine  all  such  demands,  and 
its  allowance  of  the  claim  has  the  same  force  of  a  judgment.  Trials  in  the 
pi-obate  court  on  these  claims  are  in  a  summary  manner  without  the  forms 
of  pleading.  Depositions  may  be  used  as  in  other  courts.  All  demands 
must  be  made  according  to  their  classes.  Non-residents  and  married  women 
■cannot  act  as  administrators. 

Claims  against  Persons  Living. — In  suits  on  accounts,  the  affidavit  of 

the  ])laintitf  that  the  account  is  just  and  correct  is  sufficient  to  establish  the 
same,  unless  the  defendant  shall,  under  oath,  deny  the  correctness  of  the  ac- 
count either  in  whole  or  in  part;  in  which  case  the  plaintiff  shall  be  held  to 
p-ove  such  part  of  his  account  as  is  denied,  by  other  evidence.  As  to  how 
proved,   (.^ee  Affidavits. ) 

Non-resident  Plaintiffs  mvist,  in  all  cases,  give  bond  with  surety, conditioned 
for  the  payment  of  all  cost  which  may  acrue  in  the  action;  but  suits  may  be 
brought  by  poor  persons  in  forvia  pauperis. 

Conditional  Sales. — Condition  sales  are  upheld  in  this  state,  and  replevin 
will  lie  for  the  i)roperty  after  condition  is  broken,  against  one  in   possession 
by  purchase  from  the  original  vendee,  without  notice. 
[Ark.  6.] 


58  ARKANSAS. 

Corporations. — Ary  organized  under  a  general  incorporation  layr.  Stock 
holders  are  liable  only  to  the  amount  of  their  stock.  Corporations  for  man- 
Tifacturing  or  business  purposes  may  be  formed  by  any  number  of  persons 
not  less  than  three,  by  entering  into  articles  of  association  for  that  purpose. 
The  articles  of  association,  together  with  a  certificate,  sworn  to  by  the  di- 
rectors, and  showing  compliance  with  the  articles,  are  to  be  filed  with  the 
secretary  of  state  and  with  the  clerk  of  the  county  in  which  the  corporation 
is  to  have  its  place  of  business.  The  capital  stock  has  to  be  divided  into 
shares  of  twenty-five  dollars  each,  and  the  number  of  shares  are  fixed  by  the 
articles  of  association,  but  may  be  increased  by  the  stockholders  specially 
called  for  that  purpose. 

The  directors  must  be  at  least  three  in  number  and  chosen  annually,  but  a. 
failure  to  hold  an  annual  election  does  not  dissolve  the  corporation.  The  di- 
rectors elect  the  president  which  must  be  one  of  their  number,  and  also  the 
other  officers.  The  secretary  and  treasurer  must  reside  in  the  state.  Cor- 
porations may  hold  such  lands  as  are  necessary  for  corporate  purposes,  and 
may  receive  lands  in  payment  of  debts.  The  president  and  secretary  are  re- 
(piired  to  file  in  the  office  of  the  county  clerk  annual  statements,  showing  the 
financial  condition  of  the  corporation,  and  upon  failure  to  do  so  are  liable 
for  all  the  corporation  debts.  If  the  directors  declare  a  dividend  when  the 
corporation  is  insolvent,  or  one  which  will  make  it  insolvent,  they  become 
liable  for  the  debts.  Corporations  have  the  power  to  sell  the  stock  of  sub- 
scribers who  are  in  default  in  the  payment  of  their  .stock  subscriptions.  The 
taxes  on  the  stock  are  assessed  against,  and  is  paid  by  the  stockholders.  A 
fee  of  twenty  five  dollars  is  to  be  paid  to  the  secretary  of  state  for  filing  the 
articles  of  association.  Railroads  are  incorporated  under  a  separate  law, 
and  to  set  it  out  would  answer  no  purpose. 

Costs. — (See  Claims  against  Persons  Living.) 

Courts,  Terms  and  Jurisdiction.— -Sto^e  Cii-cnit.— The  circuit  court  has 
both  law  and  chancery  jurisdiction  in  all  counties  in  the  state  except  where 
by  statute  there  is  a  separate  chancery  court  created,  it  is  the  only  court  for 
the  prosecution  of  felony.  Cases  committed  vmder  the  state  laws,  it  has  a 
general  jurisdiction;  in  all  civil  cases  not  especially  provided  for  some  other 
court,  for  cases  which  are  required,  or  are  brought  in  the  justice  of  the  peace 
court,  and  in  the  county  or  probate  court,  it  is  the  appellate  court. 

Court  Calendar.— 

UNITED  STATES  CIRCUIT  COURT. 

Associate  Justice  U.  8.  Supreme  Court,  Samuel  F.  Miller,  of  Iowa.  Circuit  Judye, 
D.  J.  Brewer,  of  Kansas. 

Terms.    At  Little  Rock,  2d  Monday  in  April  and  4th  Monday  in  Octobe 
UNITED  STATES  DISTRICT  COURT, 

Eaxtern  District.  .Ttidge,  Henry  C.  Caldwell.  Clerk,  R.  S.  Goodrich,  Little  Rock ; 
Samuel  I.  Clark,  Helena. 

Tfrms.  At  Little  Rock,  1st  Monday  in  April  and  October  ;  At  Helena,  2a  Mon- 
day in  March  and  October. 

Western  DUtrirt.    Judge,  Isaac  C.  Parker.    Clerk,  Stephen  Wiieeler,  Ft  Smith. 
Ttrms  (with  Circuit  Court  powers).  At  Ft.  Smith,  1st  Mondays  in  February,  May, 

August  and  November. 

SUPREME  COURT  OF  ARKANSAS. 

Cliief  Ju.<!lice,  S.  R.  Cockrell,  of  Little  Rock.  Associate  Justices,  Jno.  R.  Eakln,  of 
Washington,  and  \V.  W.  Smith,  of  Helena. 

Terms.    At  Little  Rock,  on  4th  Monday  in  May  and  November. 

[Ark.  -.] 


ARKANSAS. 

CIRCUIT  COURT— TEIIMS  FOR  1888. 


59 


Coxinty. 
Arkansas 
Ashley 
Baxter  . 
P.enton 
Boone  . 
Bradley 
Calhoun 

Carroll  . 

Chicot  . 
Cnark     . 


Clay  . 

Clcbnrne 
Cleveland 
Columbia 
Conway   . 

Craighead 

Crawford 
Crittenden 
Cross  . 
Dallas 

Desha 


Drew  .  . 
Faulkner 
Franklin 
Fulton  .  . 
Garland  . 
Grant  .  . 
Greene  . 
Hempstead  .  , 
Hot  Springs  .  . 
Howard  .  .  .  . 
Independence 
Izard  .  . 
Jackson  . 
Jefferson 
Johnson  . 
Ijafayette 
Lawrence 

I^e .... 
Lincoln  . 
Little  River 


Logan  ... 
Lonoke  .  . 
Madison  .  .  . 
Marion  .  .  . 
Miller  .  .  .  . 
Mississippi  . 
Monroe  .  .  . 
Montgomery 
Nevada  .  .  . 
Newton  .  .  . 
Ouachita  .  . 
Perrv  .  .  .  . 
Phillips   .  .  , 

Pike 

Poinsett  .  . 
Polk 

Pope 

Prairie  .  .  . 
Pulaski  .  .  . 
Randolph  .  , 
Saline  .   .   . 

Hcott 

Searcy  ... 

Sebastain  .  , 
Sevier  .  .  .  . 

f.\rk.  8.] 


County  Seat.  Circuit 

DeWitt 11 

Hamburg 10 

Mountain  Home  .   .  14 

Bentonville    ....  4 

Harrison 14 

Warren 10 

Hampton 13 

f  Eureka  Springs  )  , 

\  Berryville  ;  * 

Lalte  Village  ....  10 

Arkadelphia      ...  8 

f  Boydsville  1  o 

(Corning        ^  ■   ■   •  ^ 

Sugar  Loaf 6 

Toledo 10 

Magnolia 13 

Lewisburg 5 

/Lake  City    \  o 
1  Jonesboro    J   "  '   ' 

\an  Buren 12 

Marion 2 

Wlttsburg 2 

Princeton 10 

/  Watson  )  ]  ] 

t  Arkan.sas  City  j   '  ^ 

Monticello 10 

Conway     6 

Ozark 5 

Salem 14 

Hot  Springs    ....  7 

Sheridan 7 

Paragould    .  •  .   .  .  2 

Washington   ....  9 

Malvern 7 

Centre  Point.  ...  8 

Batesville 3 

Melbourne 14 

Jacksonport  ....  3 

Pine  Bluff 11 

Clarksville 5 

LewisviUe 9 

Powhatan 3 

E.  District 

Marianna I 

Star  City 11 

Richmond 8 

Paris 12 

Ijonoke 6 

Huntsville 4 

Yellville 14 

Texarkana     ....  9 

Osceola 2 

Clarendon 1 

Mt.  Ida 8 

Prescott 9 

Jasper 14 

Camden 13 

Perryville 7 

Helena 1 

Murfreesboro     ...  8 

Harrisburg 2 

Dallas 8 

Dover      5 

f  De  Vails  Bluff  )  , 

1  Dos  Arc  J   •  ^ 

Little  Rock     ....  6 

Pocaliontas     ....  2 

Benton 7 

Waldron 12 

Marshall 14 

/Ft.  Smith        )  ,„ 

( Greenwood    |  •   •  ^^ 

Locksburg   8 


Terms  begin. 
2d  Mon.  in  Mar.  and  Sept. 
1st  Mon.  in  Feb.  and  Aug. 
2d  Mon.  in  Mar.  and  Sept. 
3d  Mon.  in  Feb.  and  Aug.,  Mar.  and  Sept. 
3d  Mon.  in  Jan.  and  July. 
1st  Mon.  in  April,  and  Oct. 
2d  Mon.  in  Feb.  and  Aug. 
lutli  Mon.  after  3d  Mon.  in  Feb.  and  Aug. 
3d  Mon.  in  Feb.  and  Aug. 
1st  Mon.  in  Jan.  and  July. 
3d  Mon.  after  2d  Mon.  in  Jan.  and  July. 
3d  Mon.  after  1st  Mon.  in  F'eb.  and  AuV. 
2d  Mon.  after  1st  Mon.  in  Feb.  and  Aug. 
4th  Mon.  in  Feb.  and  Aug. 
2d  Mon.  in  Mar.  and  Sept. 
1st  Mon.  in  Mar.  and  Sept. 
1st  Mon.  in  Mar.  and  Oct. 
loth  Mon.  after  1st  Mon.  in  Feb.  and  Aug. 
6th  Mon.  after  1st  Mon.  in  Feb.  and  Aug. 
6th  Mon.  after  last  Mon.  in  Feb.  and  Aug. 
11th  Mon.  after  1st  Mon.  in  Feb.  and  Aug. 
9th  Mon.  after  1st  Mon.  in  Feb.  and  Aug. 
4th  Mon.  in  March  and  Sept. 
3d  Mon.  in  Feb.  and  Aug. 
4th  Mon.  in  Jan.  and  July. 
3d.  Mon.  in  Feb.  and  Aug. 
4th  Mon.  in  Jan.  and  July. 
1st  Mon.  In  Jan.  and  June. 
4th  Mon.  in  Mar.  and  Sept. 
4th  Mon.  in  Mar.  and  Sept. 
3d  Mon.  in  Feb.  and  Aug. 
4th  Mon.  after  1st  Mon.  in  Feb.  and  Aug^. 
1st  Mon.  in  April  and  Oct. 
1st  Mon.  in  Feb.  and  Aug. 
2d  Mon.  in  Jan.  and  July. 
1st  Mon.  in  Jan.  and  July. 
2d  Mon.  in  April  and  Oct. 
16th  Mon.  after  1st  Mon.  in  Jan  and  Julv. 
4th  Mon.  in  Mar.  and  Sept. 
1st  Mon.  in  May  and  Dec. 
1st  Mon.  in  Feb.  and  Aug. 
10th  Mon.  after  1st  Mon.  in  Jan.  and  July. 
8th  Mon.  after  1st  Mon.  in  Jan.  and  July". 
lOth  Mon.  after  3d  Mim.  in  Feb.  and  Aug, 
4th  Mon.  in  Feb.  and  Aug. 
10th  Mon.  after  2d  Mon.  In  Jan.,  and  11th 

after  2d  Mon.  in  July. 
2d  Mon.  after  last  Mon.  in  Feb.  and  Aug. 
1st  Mon.  in  Jan.  and  July. 
1st  Mon.  in  Mar.  and  Sept. 
4th  Mon.  in  Feb.  and  Aug. 
1st  Mon.  in  June  and  Dec. 
13th  Mon.  after  1st  Mon.  in  Feb.  and  Aug. 
4th  Mon.  after  3d  Mf)n.  in  Feb.  and  Aug. 
6th  Mon.  after  2d  Mon.  in  Jan.  and  July. 
1st  Mon.  in  May  and  Nov. 
1st  Mon   in  Jan.  and  J  uly. 
9th  Mon.  after  1st  Mon.  in  Mar.  and  Sept. 
2d  Mon.  in  Mar.  and  Sept. 
18th  Mon.  after  3d  Mon.  in  Feb.  and  Aug. 
11th  Mon.  after  -ithMon.  in  Jan.  and  Julv. 
8th  Mon.  after  1st  Mon.  in  Feb.  and  Mug. 
7th  Mon.  after  2d  Mon.  in  Jan.,  8th  Mon. 

after  2d  Mon.  in  July, 
1st  Mon.  in  April  and  Nov. 
3d  Mon.  in  Mar.  and  Sept. 
2d  Mon.  after  3d  Mon.  In  Feb.  and  Aug. 
2d  Mon.  in  IMar.  and  4th  Mon.  in  Oct. 
6th  Mon.  after  1st  Mon.  in  Jan.  and  July. 
4th  Mon.  in  Feb.  and  Aug. 
2d  Mon.  in  Feb.  and  Aug. 
2d  Mon.  in  Feb.  and  Aug. 
13th  Mon.  after  last  Mon.  in  Feb.  and  Aug. 
10th  Mon.  after  last  Mon.  in  Feb.  and  Aug. 
8th  Mon.  aft^r  2d  Mon.  in  Jan.  and  9lh 

Mon.  after  2d  Mon.  in  July. 


60  ARKANSAS. 

Sharp Kvenins  Shade        .  3  ].';th  Mon.  after  1st  Mon.  in  .Tan.  and  July. 

St.  Francis     .   .  l''orest  City 1  8th  Mon.  alter  od  Mon.  in  Feb.  and  Aug. 

Stone Mountain  View  .   .  3  11th  Mon.  after  1st  Mon.  in  Jan.  and  July 

Union El  Dorado I'i  .Sd  Mon.  after  1st  Mon.  in  Mar.  and  Sept. 

Van  Buren    .   .Clinton <i  .Id  Mon.  in  Feb.  and  Aug. 

Washington     .  Fayetteville    ....  4  11th  Mon.  after  3d  Mon.  in  Feb.  and  Aug 

White Searcy 1  .Sd  Mon.  in  Jan.  and  July. 

Woodruff  .  .   .Augusta 1  2d  Mon.  after  3d  Mon.  in  Feb.  and  Aug. 

Ypii                       /Danville          )  r  4th  inon.  in  Jan.  and  Aug. 
\DardanelIe     j   "   "  "^  2d  Mon.  in  Feb.  and  Sept. 


FIRST  CHANCERY   DISTRICT. 
Judge,  D.  W.  Carroll,  of  Little  Rock. 

County.  Counly  Seat.  Terms  begin. 

Faulkner    .   .   .  Conway 4th  Mon.  in  Mar.  and  Sept. 

Lenoke    ....  Lenoke ."d  Mon.  in  May  and  Nov. 

Pulaski    ....  Little  Rock 1st  Mon.  in  April  and  Oct. 


Curtesy. — Curtesy  as  at  common  law  exists  in  this  state,  except  that  the 
wife  by  conveyance,  can  deprive  tVie  husband  of  it,  but  his  curtesy  attaches 
at  her  death  to  all  lands  of  which  she  died  seized. 

Deeds. — See  Acknowledgments. 

Depositions. — Deposition  may  be  vised  on  the  trial  of  all  is.sues  in  any 
action  where  the  witnesses  do  not  reside  in  the*county  where  the  action  is 
pending,  or  are  absent  from  the  state,  or  reside  more  than  thirty  miles  from 
where  the  court  sits  in  which  the  action  is  pending,  and  may  be  taken  de 
bene  esse,  or  upon  reasonable  notice  to  the  adverse  party,  or  upon  interroga- 
tories and  commission. 

Reasonable  notice  is  one  day  for  each  thirty  miles  of  travel,  and  one  day 
for  jireparation,  where  the  distance  is  one  hundred  miles  or  less  and  two 
days  where  it  is  more. 

Where  the  distance  exceeds  fifty  miles,  and  the  usual  mode  of  travel  for 
the  whole  or  part  of  the  distance  is  by  steamboat,  railway,  or  other  public 
^conveyance,  the  time  ordinarily  required  by  such  mode  of  travel  with  the 
days  of  preparation,  shall  be  deemed  sufficient  in  the  notice. 

AVhere  more  than  three  days'  notice  has  been  given  to  take  a  deposition 
out  of  the  state,  the  party  may  by  notice  to  the  adverse  party  or  his  attorney, 
served  in  one  day  after  service  of  the  first  notice,  require  the  deposition  to 
be  taken  upon  interrogatories.  Where  a  deposition  is  taken  upon  interroga- 
tories, neither  the  party,  his  agent  or  attorney  shall  be  present,  unless  both 
])arties  are  present  or  represented,  or  unless  the  opposite  party,  his  agent  or 
attorney,  has  been  seasonably  notified  of  the  time  and  place  of  examination 
or  the  party  attending  has  been  notified  by  the  adverse  party  to  attend. 

The  certificate  of  the  officer  must  state  the  time  and  place  of  taking  the 
•deposition  ;  that  the  witnesses  were  duly  sworn  before  they  gave  their  testi- 
mony, and  it  was  written  and  read  to  and  subscribed  by  them,  in  the 
presence  of  the  officer,  and  also  state  by  whom  it  was  written,  and  which  of 
the  i)arties  in  person,  or  by  agent  or  attorney,  was  present  at  the  examina- 
tion of  tlie  witnesses. 

AVhen  the  depositions  are  completed,  they  shall  be  sealed  up  by  the  officer, 
and  directed  to  the  clerk  of  the  court  in  which  the  action  is  pending,  with  ah 
indorsement  thereon,  showing  them  to  be  depositions,  and  style  of  the  case, 
and  either  delivered  or  mailed  to  the  clerk  by  the  officer  taking  them;  except 
that  depositions  taken  out  of  the  state,  sealed  and  directed  as  above,  may  be 
delivered  to  tlie  i)arty  taking  the  same,  his  agent  or  attorney,  to  be  by  hini 
delivered;  such  person  so  delivering  them  taking  an  oath  that  they  have  not 
been  opened  by  him,  or  other  person,  to  his  knowledge. 

[Ark.  9.] 


ARKANSAS.  61 

The  statement  of  the  witnesses  must  he  written  in  the  presence  of  the  oflfi- 
eer  taking  it,  either  by  the  witnesses  or  tiie  officer.  Depositions  may  bo 
taken  in  tlie  state  before  any  judge  or  clerk  of  a  court  of  record,  or  a  justice 
of  tlie  peace,  mayor  of  a  city,  or  a  notary  public.  Deposition  may  be  taken 
out  of  the  state  before  a  commissioner  appointed  by  the  governor  thereof, 
a  judge  of  a  court,  a  justice  of  the  peace,  mayor  of  a  city,  jiotary  public  or 
any  other  person  empowered  by  a  commission  directed  to  him,  by  consent  of 
the  parties  or  by  order  of  the  court. 

Form— OF  CAPTION. 

The   deposition   of  ,  taken  on  the day  of  ,  18 — ,   between 

tlie   hoiirs   of  eight   o'clock   a.  m.  and  five  o'clock,  p.  m.,  at  the ,  in 

the  city  of ,  county  of and  state  of .to  be  read  as  evidence 

in  an  action  between  — '■ ,  plaintiff,  and ,  defendant,  pending 

jji  the court  of county,  Arkansas. 

certificate. 

State  of ? 

County  of —  S 

I^ ,  a in  and  for  the  county  aforesaid,  do  certify  that  the  fore- 
going deposition  of was  taken  before  me  and  was  read  to  and  sub- 
scribed by  him  in  my  presence,  at  the  time  and  place,  and  in  the  action  men- 
tioned in  the  caption,  the  said having    been  first  sworn  by  me  that 

the  evidence  he  should  give  in  the  action  should  be  the  truth,  and  his  statements 
were  reduced  to  wanting  by  me  in  his  presence  (or  by  him  in  my  pres- 
ence), (the  plaintiff  alone  being  present  at  the  examination  or  the  defendant, 
or  both,  or  neither  in  person,  or  by  attorney,  being  present  at  the  examina- 
tion, )  according  to  the  facts. 

Witness  my  hand  and  seal,  of  office,  at on  this day  of ,  18 — . 

{Signature.) 

Where  a  desposition  is  taken  out  of  a  state  before  an  officer  having  no 
seal,  his  official  character  must  be  certified  by  a  clerk  of  a  court  of  record 
of  the  county. 

Descents  and  distributions.— Wlicn  any  person  shall  die  having  title 
to  any  real  estate  of  inheritance,  or  personal  estate  not  disposed  of,  nor 
otherwise  limited  by  marriage  settlement,  and  shall  be  intestate  as  to  such 
estate,  it  shall  descend  and  be  distributed  in  parcenary,  to  his  kindred,  male 
and  female,  subject  to  the  payment  of  his  debts  and  his  widow's  dowser, 
in  the  following  manner  :  First,  to  children,  or  their  descendents  in  equal 
liarts;  second,  if  there  be  no  children,  then  to  the  father,  then  to  the 
mother,  if  no  mother,  then  to  the  brothers  and  sisters,  or  their  descendants 
in  equal  parts ;  third,  if  there  be  no  children,  nor  their  descendants,  father, 
mother,  brothers  or  sisters,  nor  their  descendants,  then  to  the  grand-father, 
then  to  the  grand-motlier,  inicles  and  aunts  in  equal  parts,  and  so  on  in 
other  cases  w-ithout  end,  passing  to  the  nearest  lineal  ancestor,  and  their 
children  and  their  descendants,  in  eijual  parts.  Where  there  are  descendants 
of  the  intestate,  the  property  decends  to  them  per  capita,  if  in  equal  degree 
and  per  stirpes  in  unequal  degree.  In  cases  of  real  estate,  if  the  inheritance 
was  ancestral  and  came  from  the  father's  side,  it  will  go  to  the  line  on  the  part 
of  the  father,  not  in  postponements,  but  in  exclusion  of  the  mother's  line,  and 
roiiverso  where  inheritance  came  from  the  mother's  side.  Ifthe  inherit- 
ance is  not  ancestral,  but  anew  acquisition,  tlien  after  a  life  estate  is 
reserved  in  the  father  and  mother  if  alive,  it  will  go  in  remainder  :  first,  to 
the  line  of  the  intestate's  paternal  uncles  and  aunts,  and  descendants,  in 
postponement  of  the  mother's  line  until  the  former  becomes  extinct ;  and 
then  to  the  line  of  the  intestate's  maternal  uncles  and  aunts  and  their 
descendants  unless  there  should  be  kindred  lineal  or  collateral,  who,  either  in 
r.\rk.  10.1 


<62  ARKANSAS. 

right  of  propinquity  or  by  right  of  representation,  stand  in  nearer  relation- 
ship to  the  intestate  than  the  uncles  and  aunts  ;  in  which  case  such  nearer 
kindred  would  take  the  inheritance  to  the  exckision  to  both  of  these  collat- 
eral lines,  and  in  their  hands  it  would  become  an  ancestral  estate.  And 
afterwards  go  in  the  blood  of  the  relative  whence  it  came  in  the  ordinary 
course  of  decent  prescribed  for  ancestral  inheritance.  The  half  blood  and 
their  descendants  take  personalty  as  well  as  realty,  equal  with  the  whole 
blood  except  that  they  are  excluded  from  real  estate  when  ancestral,  if  they 
lack  the  blood  of  the  transmiting  ancestor. 

Posthumous  children  of  the  Intestate  inherit  as  if  born  in  the  life  of  the 
intestate,  but  other  posthumous  children  not  born  at  his  death  do  not  inherit 
from  him.  Illegitimate  children  are  capable  of  inheriting  and  transmitting 
an  inheritance  on  the  part  of  the  mother. 

Divorce. — The  grounds  of  divorce  are  impotency  ;  wilful  desertion  for 
one  year  without  reasonable  cavise  ;  where  either  has  a  husband  or  wife 
living  at  the  time  of  the  marraige  ;  where  either  is  convicted  of  fellony  or 
other  infamovis  crime  ;  habitual  drunkenness  for  one  year ;  such  cruel  or 
barborous  treatment  or  personal  mdignity  as  shall  render  the  condition  of 
the  applicant  intolerable  ;  and  adultery  subsequent  to  the  marriage.  The 
pleadings  are  not  required  to  be  sworn  to,  but  either  party  may  require 
answers  under  oath  to  interrogatories  touching  any  matter  of  property. 
The  plaintiff  must  allege  and  prove  in  addition  to  a  legal  ground  of  divorce, 
first,  a  residence  in  the  state  for  one  year  next  before  suit  brought;  second, 
that  the  cause  of  divorce  occurred  or  existed  in  this  state,  or,  if  out  of  the 
state,  either  that  it  was  a  legal  cause  of  divorce  in  the  state  where  it  occurred 
or  existed,  or  that  the  plaintiffs  residence  was  then  in  this  state;  and  third, 
that  the  cavise  of  divorce  existed  or  occurred  within  five  years  next  before  the 
commencement  of  the  suit.  The  court  may  allow  allimony  and  interim  and  at- 
torneys' fees  to  the  wife,  on  final  judgment,  each  party  is  restored  to  the 
undisposed  property  which  he  or  she  brought  into  the  marriage.  The  court 
may  restore  the  wife  to  her  maiden  name,  the  court  may  allow  the  wife  rea- 
sonable allimony,  which  may  be  changed  from  time  to  time. 

Dower. — A  widow  is  entitled  to  dower  of  one-third  of  all  lands  of  which 
the  husband  was  seized  of  an  estate  of  inheritance  during  marriage,  nor 
relinquished  by  her  in  legal  form  during  her  life;  also  absolutely  to  one-third 
part  of  the  personal  estate  of  all  kinds  of  her  husband.  If  the  husband  die 
leaving  no  children,  his  widow  is  entitled  to  dower  of  one-half  of  the  land, 
and  one-half  of  the  personal  property  absolutely,  and  in  her  own  right. 

Evidence. — "Witnesses  are  not  excluded  on  account  of  interest.  Parties 
may  testify  in  all  cases  except  that  in  actions  by  or  against  executors,  admin- 
istrators or  guardians,  in  which  judgment  may  be  rendered  for  or  against 
them.  Neither  party  is  allowed  to  testify  for  or  against  the  other  as  to  any 
transactions  with  or  statements  of  the  tesu '^'^r  or  intestate  or  ward,  unless 
called  to  testify  thereto,  by  the  opposite  party.  Criminals  can  testify  in  their 
own  case. 

Executions. — Where  the  execution  has  not  been  stayed,  sales  are  made  on 
a  credit  of  three  months  on  bond  and  security,  such  bond  having  the  force 
of  a  judgment  if  forfeited.  Advertisements  of  the  sale  of  lands  shall  be 
made  for  at  least  twenty  days  before  sale,  by  posting  printed  advertisements 
at  the  court  house  door  and  five  other  public  places  in  the  county  in  which 
the  sale  is  to  be  made,  one  of  which  on  the  premises  to  be  sold,  and  by  pub- 
lishing the  same,  for  at  least  two  insertions  before  the  day  of  sale,  in  a 
weekly  newspaper  published  in  the  county,  if  one  there  be,  the  time  and 
place  of  the  sale  of  personalty  shall  be  advertised  by  posting  written  or 
printed  notices  at  three  of  the  most  public  places  in  the  vicinity  of  the  place 
of  sale. 

[Ark.  11.] 


A  U  KANSAS.  63 

Lands  to  be  sold  at  tlit^  court  house  door,  unless  the  defendant  request  the 
sale  to  be  made  on  the  land. 

Executions  from  the  ciri'uit  coui't  are  returnable  in  sixty  days  and  from 
justices'  (;oui't  witliin  thirty  days;  See  Liens.,  also  Jitdr/ments.  Executions 
are  liens  on  personal  property  from  the  time  of  its  delivery  to  the  officer  to 
be  levied. 

Executors. —  See  Claims  arjainst  Estates. 

Exemptions. — The  personal  jjroperty  of  any  resident  of  this  state  who  is 
not  married  or  the  head  of  a  family,  inspecitic  articles  to  be  selected  by  such 
resident,  not  exceeding  in  value  the  sum  of  two  hundred  dollars,  in  addition 
to  his  or  her  wearing  apparel,  shall  be  ex('mi)t  from  seizure  on  attachment, 
or  sale  on  execution,  or  other  process  for  on  anycourt,  issued  for  the  collection 
of  any  debt  by  contract;  provided  that  no  i)roperty  shall  be  exempt  from  ex- 
ecution for  debts  contracted  for  the  purchase  money  therefor  while  in  the 
hands  of  the  vendee.  The  personal  property  of  any  resident  of  this  state 
who  is  married  or  the  head  of  a  family  in  specific  articles  to  be  selected  by 
.such  resicleiit,  not  exceeding  in  value,  the  sum  of  five  hundred  dollars,  in  ad- 
dition to  his  or  her  wearing  appaiel  and  that  of  his  or  her  family,  shall  be 
exempt  from  seizure  on  attachment,  or  sale  on  execution,  or  other  process 
from  any  court,  on  debt  by  contract.  The  homestead  of  any  resident  of  this 
state,  who  is  married  or  the  head  of  a  family,  shall  not  be  subject  to  the  lien 
of  any  judgment  or  decree  of  anycourt,  or  to  sale  under  execution,  or  other 
process  thereon,  except  such  as  may  be  rendered  for  the  purchase  money,  or 
for  specific  liens  for  improving  the  same,  or  for  taxes,  or  against  executors, 
administrators,  guardians,  receivers,  attorneys  for  money  collected  by  them, 
and  other  trustees  of  an  express  trust  for  moneys  due  from  them  in  their 
fiduciary  capacity. 

The  homestead,  outside  of.  any  city,  town,  or  village,  owned  and  occupied 
as  a  residence,  shall  consist  of  not  exceeding  one  hundred  and  sixty  acres  of 
land  with  the  improvements  thereon,  to  be  selected  by  the  owner;  provided 
that  the  same  shall  not  exceed  in  value  the  sum  of  twenty-five  hundred  dol- 
lars, and  in  no  event  shall  the  homestead  be  reduced  to  less  than  eighty 
acres,  without  regard  to  value.  The  homestead  in  any  city,  town,  or  village, 
owned  and  occupied  as  a  residence,  shall  consist  of  not  exceeding  one  acre 
of  land,  with  the  improvements  thereon,  to  be  selected  by  the  owner;  pro- 
vided the  same  shall  not  exceed  in  value  the  sum  of  twenty-five  hundred 
dollars,  and  in  no  event  shall  such  homestead  be  reduced  to  less  than  one- 
(juarter  of  an  acre  of  land,  without  regard  to  value. 

If  the  owner  of  a  homestead  die,  leaving  a  widow,  but  no  children,  and 
said  widow  has  no  separate  homestead  in  her  owji  right,  the  same  shall  be 
exempt,  and  the  rents  and  pn)fits  thereof  shall  vest  in  her  during  her  natur- 
al life;  provided  that,  if  the  owner  leaves  children,  one  or  more,  and  said 
child  or  children  shall  share  with  said  widow,  and  be  entitled  to  half  of  the 
rents  and  profits  until  each  of  them  arrives  at  the  age  of  twenty-one  years. 
Each  chihls'  rights  to  cease  at  twenty-one  years  of  age,  and  the  shares  to  go 
to  the  younger  children  ;  and  then  go  to  widow  ;  and  provided  that  said 
widow  or  children  may  reside  on  the  homestead  or  .not.  In  case  of  the 
death  of  the  widow  all  of  said  homestead  shall  be  vested  in  the  minor  chil- 
dren of  testator  or  intestate. 

Factors. — We  have  no  legislation,  especially  on  this  subject  in  this  state. 

False  Pretense^To  obtain  money,  or  personal  projierty  under  false  pre- 
tense, is  a  felony,  and  punished  as  larceny. 

Frauds,  Statutes  of. — To  charge  a  person  for  the  debt,  or  miscarriage  of 
another,  it  is  necessary  that  there  be  a  memorandum  in  writing  from  the 
party  to  be  bound,  and  to  affect  real  estate  it  is  necessary  to  have  a  memor- 
andum of  writing,  but  if  a  verbal  contract  is  entered  into  for  sale  of  lands, 
[Ark.  12  ] 


64  ARKANSAS. 

and  the  party  purchasing,  goes  hito  i^ossesion  and  makes  hnprovenients,  his 
claim  can  be  iuforced  against  the  party  selling  by  action  or  si:)ecific  perfor- 
mance. 

Garnishment. — After  judgment,  garnishment  maybe  issued  against  any  one 
owing  the  defendant,  but  the  service  on  the  garnishee  only  serves  to  fix  a 
lien  on  the  property  or  fund  in  the  hands  of  the  garnishee,  except  that  the 
garnishee  sees  pi'oper  to  answer  and  i)ay  the  money  into  court,  otherwise  tlie 
judgment  creditor  can  only  recover  by  bringing  suit  against  the  garnishee 
direct.     (See  Attachment.) 

Grace. — AH  negotiable  paper  is  entitled  to  three  day.s'  grace. 

Homestead. — (See  Exemptions.) 

Insolvent  Laws, — (See  Assignments.) 

Interest  and  Usury. — The  legal  rate  is  six  per  cent,  per  annum,  but 
parties  may  contract  for  any  rate  not  exceeding  ten  per  cent.  Usurious  con- 
tracts are  void  both  as  to  principal  and  interest,  and  negotiable  paper  tainted 
with  usury  is  void  in  the  hands  of  an  imiocent  holder.  Judgments  bear  the 
same  rates  as  contracts  sued  on.  Interest  begins  to  run  on  an  open  account 
from  the  time  that  payment  is  unreasonably  withheld. 

Judgments. — .Judgments  and  decrees  rendered  in  the  circuit  court  are 
liens  for  three  years  on  the  real  estate  of  the  defendant,  situated  in  the 
county  in  which  the  court  is  held.  Judgments  of  a  justice  of  the  peace 
becomes  a  lien  on  the  real  estate  of  the  defendant  by  filing  a  transcript  of 
said  judgment  with  the  clerk  of  the  circuit  court. 

Execution  may  be  issued  on  a  judgment  in  the  circuit  court  until  it  is 
barred  by  the  statute  of  limitations  which  is  ten  years,  and  may  be  issued  on 
a  justice  judgment,  while  the  same  remains  in  the  justice  court  at  any  time 
within  five  years,  but  after  the  transcript  is  filed  in  the  circuit  court  execu- 
tion will  issue  on  it  for  ten  years. 

Death  of  the  plaintiff  does  not  prevent  issue  of  execution,  but  the  names 
of  the  representatives  may  be  indorsed  ;  nor  does  the  death  on  part  of  the 
defendants  prevent  execution  against  survivors. 

Execution  cannot  issue  on  a  judgment  or  decree,  unless  ordered  by  the 
court  in  term  time  or  until  ten  days  after  rendition  thereof  if  the  court  is 
not  in  session. 

Foreign  iudgments  are  proved  by  the  authentication  acts  of  congress  of 
May  20th,  1790. 

Judgment  notes  are  not  allowed  in  this  state. 

.Judgments  are  rendered  at  the  first  term  of  a  court  of  record  if  there  is 
no  defence. 

Justices  of  the  Peace. — Justices  of  the  peace  have  original  jurisdiction 
in  all  amovmts  of  one  hundred  dollars  or  less  in  all  matters  of  contract,  and 
concurrent  jurisdiction  with  the  circuit  court,  in  all  matters  of  contract 
where  the  amount  in  controversy  does  not  exceed  the  sum  of  three  hundred 
dollars,  and  also  concurrent  jurisdiction  in  all  matters  of  damage  to  per- 
sonal property  for  one  hundred  dollars  or  less. 

Landlord  and  Tenant. — A  landlord  has  a  lein  on  all  the  crop  grown 
upon  his  land  for  the  payment  of  his  rent,  which  takes  precedent  over  all 
otlier  liens. 

Leases. — -VU  leases  for  more  than  one  year  must  be  in  writing,  aside 
from  this  there  is  no  specnal  legislation  on  this  .subject. 

[Ark  13.] 


AKKANSAS.  65 

License. — Commercial  travelers,  or  dninnners,  arc  not  taxed,  except  that 
munieipal  corporations  in  Avliich  tlicy  do  business  require  them  to  take  out  a 
license,  this  however  is  rarely  done,- and  the  right  to  so  require  is  very  much 
questioned  hy  the  bar,  although  no  test  case  has  yet  been  made.  In  Little 
lioek  the  tax  is  twenty-five  dollars. 

Liens. — See  Execvtiona,  Judgments,  CliaUcl  Mortgages,  Mortgages,  Mechan- 
ics' Liens. 

Limitations  of  Action  or  Suits. — All  actions  of  debt,  founded  on  con- 
tract or  liability  not  iu  writing  ;  all  actions  of  account  and  the  like,  founded 
on  any  contract  or  liability,  express  or  implied  ;  all  action  for  injuring  goods 
or  chattels,  must  bo  brought  within  three  years  from  the  time  the  cause  of 
action  accrued.  Actions  for  wrongfully  taking  goods  or  chattels  must  be 
brought  within  three  y^ars  from  the  time  the  cavise  of  action  accrued. 
Actions  on  ])romissory  notes  and  other  instruments  of  writing,  not  under  seal, 
must  be  commenced  within  live  years  after  the  cavise  of  action  accrued,  and 
after  actions  on  bonds  and  writings  under  seal,  and  judgments  and  decrees 
must  be  commenced  within  ten  years  after  the  cause  of  action  shall  accrue. 
Infants,  insane  persons,  and  married  women  have  the  period  aUowed  by  tlie 
statutes  in  which  to  sue  after  their  disabilities  are  removed,  a  right  or  action 
which  is  barred  may  be  revived  by  a  new  promise  in  writing.  Limitations  of 
of  actions  for  the  recovery  of  real  estate,  is  seven  years  ;  saving  of  three 
years  after  the  removal  of  disabilities  in  favor  of  infants,  married  women, 
and  insane  persons,  but  not  to  non-residents. 

Limited  Partnerships. — Limited  partnerships  for  the  transaction  of  mer- 
cantile, mechanical  and  ]nanufacturing  business,  are  regulated  by  statute,  so 
far  as  to  require  a  public  record  of  names,  business  and  the  terms  of  the 
partnership. 

Married  Women. — The  real  and  personal  property  of  any  feme  covert  in 
this  state,  acquired  either  before  or  after  marriage,  whether  by  gift,  devise, 
or  othei-wise,  shall  so  long  as  she  may  choose,  be  and  remain  her  separate 
estate  and  property,  and  may  be  devised,  or  bequeathed  by  her  the  same  as 
if  she  was  feme  sole  ;  and  the  same  shall  not  be  subject  to  the  debts  of  her 
husband.  A  wife's  separate  property  is  not  liable  ibr  any  debts  contracted 
by  her  except  the  contract  is  with  special  reference  to  it ;  females  become  of 
age  at  the  age  of  eighteen,  but  under  the  constitution  a  girl  would  have  the 
right  to  stay  on  the  homestead  of  their  father  or  mother  until  they  were 
twenty-one  years  of  age. 

Mechanics'  Liens. — Artisians,  builders  and  mechanics,  have  liens  for 
work  and  labor  and  materials  furnished  by  them  on  any  building,  edifice  or 
tenament,  also  for  money  by  them  paid  for  such  materials.  A  true  account 
of  such  work,  etc.,  must  be  filed  in  the  ofiice  of  the  circuit  court  of  the 
county,  within  three  months  after  the  lien  shall  accrue,  which  must  be 
sworn  to  by  the  plaintift'  or  some  person  for  him,  and  the  lien  may  be 
enforced  by  scire  facias.  Laborers  have  also  a  lien  on  the  products  of  their 
labor. 

The  owner  of  the  building  or  otlier  thing  to  be  constnicted  is  required  to 
hold  back  from  the  contractor  one-third  of  the  money  until  ten  days  after 
the  work  is  completed  ;   this  is  to  secure  laborers  and  sub-contractors. 

Minor. — (See  Limitations  of  actions  or  suits.) 

Mortgages  of  Heal  Estate. — Acknowledged  the  same  as  deeds,  and  are 
not  liens  until  they  are  filed  or  recorded  although  they  are  good  between  the 
parties.  They  may  l)e  foreclosed  by  complaint  in  equity.  Sales  of  person- 
alty under  decree  are  made  on  a  credit  of  three  months.  Sales  of  land  on 
not  less  than  three  nor  more  than  six  months,  the  purchaser  giving  bond 
[Ark. 11] 


66  ARKANSAS. 

with  surety,  having  force  (>f  a  judgment,  and  a  lien  being  retained  on  the 
lands  sold  for  the  price.  Personal  decree  is  given  for  the  amount  due  on 
the  mortgage,  and  may  be  enforced  by  execution  either  before  or  after  the 
sale  of  the  mortgaged  property,  for  any  amount  due. 

Mortgages  may  be  released  by  entry  of  satisfaction  on  the  margin  of 
the  record  of  the  mortgage  in  the  recorder's  ofiice  by  the  mortgagees. 
Property,  real  or  personal,  sold  vmder  mortgages  and  deeds  of  trust  shall 
bring  two-thirds  of  its  appraised  value.  If  the  property  does  not  bring  two- 
thirds  of  its  appraised  value,  within  case  of  personalty,  another  offering 
may  be  made  in  sixty  days,  or  in  case  of  realty  in  one  year,  when  the  sale 
shall  be  made  to  the  highest  bidder  without  reference  to  value.  The  realty 
may  be  redeemed  at  any  time  by  the  mortgagor  within  a  year  from  the  sale 
thereof,  by  paying  the  aijiount  the  property  sold  for,  ten  per  cent,  interest 
and  cost. 

The  mortgagee  or  trustee  before  sale  shall  a^jply  to  a  justice  of  the  town- 
ship where  the  sale  is  to  be  made,  to  appoint  three  appraisers,  who  shall 
appraise  the  property  under  oath,  and  they  or  any  two  of  them  shall  make  a 
written  report  to  the  trustee  or  mortgagee,  which  shall  be  open  to  the 
l)arties  interested. 

Notes  and  Bills  of  Exchange. — ('Sec  Assuinments  of  BilJst  and  Notes.) 

Oaths  and  Affidavits.— (^SVe  Ajftdavits.) 

Partnerships. — (See  Limited  Partnerships.) 

Promissory  Note. — {See  Assignvient  of  Bills  and  Notes.) 

Practice. — The  courts  practice  under  a  code,  substantially  like  the  Ken- 
tucky code. 

Proof  of  Claims. — {See  Claims  against  persons  Un/ig.  and  Claims  against 
estates  <f  deceased  persons.) 

Recording. — {See  Chattel  Mortgages,  also  Mortgeiges.) 

Redemption. — Real  Estate  or  any  interest  therein  when  sold  under  execu- 
tion, or  decree  in  chancery,  may  be  redeemed  by  the  debtor  from  the 
purchaser  or  his  vendees,  within  twelve  months  after  the  sale  by  paying  to 
the  clerk  of  the  court  where  the  execution  issued  the  purchase  money,  with 
fifteen  per  cent,  per  annum.  The  sheritF  gives  the  p.urchaser  a  certificate  of 
sale,  biit  the  purchaser  is  not  entitled  to  a  conveyance,  or  possession  of  the 
premises  until  the  time  of  redemption  has  exj^ired.  .Judgment  creditors  may 
also  redeem  before  the  expiration  of  twelve  months  from  the  time  of  sale. 

{See  Tax  Laws.) 

Replevin. — Personal  i)roi)erty  may  l)e  replevied  at  the  time  of  the  com- 
mencement of  a  suit,  or  at  any  time  before  judgment,  by  the  plaintiff 
swearing  to  his  ownership  of  it,  its  value,  that  it  is  wrongfully  detained  by 
the  defendant,  and  it  has  not  been  taken  for  a  tax  or  under  any  order  or 
judgment  of  court,  or  excution  or  attachment,  or  that  if  it  has  been  siezed 
under  an  execution  or  attachment  against  the  plaintiff  it  is  by  statute 
exempt  from  such  seizure.  The  affidavit  may  be  made  by  an  attorney  or 
agent.  The  plaintiff  must  also  give  bond,  w  ith  one  or  more  sufficient  sureties 
to  the  defendent,  conditioned  that  the  plaintiifwill  duly  prosecute  his  action, 
return  the  projjerty,  if  a  return  thereof  be  adjudged,  and  pay  all  damages 
that  maybe  adjudged  against  him  not  exceeding  double  the  value  of  the 
])roperty  and  costs. "  The  defendant  may  retain  the  property,  by  giving  bond, 
imtil  the  suit  is  determined. 

Reports,  Judicial. — There  are  forty-seven  Arkansas  reports  published,  and 
Hoses'  Digest  of  tlie  first  twenty-three,  and  Oliphints'  of  the  remaining  up 

[Ark.  15.] 


ARKANSAS.  67 

to  ami  inchuling  the  forty-fifth,   also  IIoi)kins'  and  Morgans'  of    the   first 
lorty-four  voliiiues. 

Revision. — Last  revision  of  the  statutes  was  in  1884,  styled  "Mansfield's 
Digest.' 

Revivor, — In  all  eases  where  suits  may  be  instituted,  and  either  plaintiff 
or  defendant  may  die  pending  the  sane,  it  shall  be  lawful  for  the  court 
before  which  such  .suit  or  suits  may  be  i)ending,  on  the  motion  of  any  party 
interested,  to  appoint  a  si)eeial  administrator,  inwliose  name  the  cause  shall 
be  revived,  and  said  suit  or  suits  shall  ])rogress  in  all  respects  in  his  name, 
with  like  effect  as  if  the  plaintilf  or  defendant  had  reniuined  in  full  life. 
{See  Juilr/ment.) 

Seal. — Seals  are  abolished  in  this  state. 

Security   for   Costs  and   other  Undertakings. — (See    Claims   against 

I'trsti/is  LiriiKj.     i^ic  Bephciti.     t^ie  Attachmtntn.) 

Service. — In  the  circuit  court  the  first  term  is  the  trial  term  ;  1st,  where 
the  summons  has  been  served  ten  days  before  the  beginning  of  the  term,  in 
the  county  where  the  action  is  brought,  or  in  an  adjoining  county.  2nd, 
where  it  has  been  served  twenty  days  elsewhere  in  the  state,  or  sixty  days 
out  of  the  state.  ilrd,  where  the  defendant  has  been  served  by  warning 
order  thirty  days.  Before  a  justice  of  the  peace,  inactions  of  fifty  dollars 
and  under,  the  summons  must  be  served  on  the  defendant  at  least  five  day.s 
before  the  day  set  for  trial.  AVhere  the  matter  before  the  justice  exceeds 
fifty  dollars  the  summons  must  be  served  at  least  ten  days  before  the  day  of 
trial.     {See  Suits.) 

Stay  of  Execution. — The  defendants,  except  in  certain  cases  otherwise 
provided,  may,  when  there  is  no  execution  thereon  in  the  hands  of  a  collect- 
ing officer,  stay  any  judgment  or  decree  for  money  for  three  months,  by  giv- 
ing an  obligation  with  good  security,  to  be  approved  by  the  clerk,  if  in  a 
justice  court  by  the  ju.stice,  conditioned  for  the  payment  of  the  judgment, 
interest  and  cost. 

Any  execiition  on  a  judgment  or  decree,  which  could  be  stayed  before 
such  execution  issued,  may  at  any  time  before  the  sale  of  property  luider  the 
same  be  stayed  for  three  months,  by  the  defendant  giving  to  the  officer  au 
obligation,  payable  to  the  plaintiff,  with  good  security,  for  the  amount 
thereof,  interest,  cost  and  half  commissions  of  the  officer. 

Xo  stay  is  allowed  upon  a  judgment  or  decree,  against  any  collecting 
officci',  or  attorney  at  law%  or  agent  for  a  delinquency  or  default  in  executing 
or  fulfilling  the  duties  of  his  office  or  failing  to  pay  over  money  collected  by 
him  in  such  capacity,  or  against  a  principal  by  his  surety,  or  a  judgment  or 
decree  enforcing  a  lien  in  favor  of  a  vendor  or  mortgagee.  After  the  for- 
feiture of  a  stay  bond  no  further  stay  is  allowed. 

Suits. — In  the  circuit  court  is  commenced  by  filing  a  written  complaint, 
signed  by  the  pai'ty  or  his  attorney,  verified  by  the  affidavit  of  the  party  or 
his  attorney  ;  but  such  verification  is  not  I'equiied  where  the  complaint  is 
founded  on  a  bill,  note,  or  other  written  obligation.     (See  Service.) 

Summons. — (See  Service.) 

Supplementary  Proceedings. — After  judgment  obtained,  the  plaintiff  may- 
begin  an  c(|uitable  proceeding,  and  upon  proof  of  insolvency,  compel  a  dis- 
covery from  the  defendant,  and  may  make  any  person  supposed  to  have  pro- 
perty or  money  due  to  the  ])laintiff,  a  co-defendant. 

Tax  Laws. — Taxes  must  be  paid  between  the  first  Monday  in  November 
and  the  tenth  day  of  February  of  each  year,  next  succeeding  that  in  which. 
[Ark.  in.] 


68  ARKANSAS. 

they  are  assessed.  If  the  taxes  are  not  paid  within  the  time  required  by  law, 
twenty-five  per  cent,  penalty  is  added.  Persons  redeeming  it  must  j)ay  the 
amount  of  taxes  for  which  the  land  sold,  penalty  and  cost.  Taxes  after- 
wards paid  by  the  purchaser,  and  interest  on  these  sums  at  the  rate  of  ten 
per  cent,  per  annum.  Lands  returned  as  delinquent  for  taxes,  may  be  re- 
deemed within  two  years  after  such  forfeiture.  Lands  delinquent  are  sold 
by  the  collector  on  the  second  Monday  in  April.  When  no  one  will  bid 
amount  of  taxes,  penalty  and  costs,  the  lands  are  struck  off  to  the  state,  pro- 
vided that  minors  and  persons  in  confinement,  shall  have  the  same  time  for 
redemption,  after  the  removal  of  their  disabilities. 

Testimony.^C'S'ee  Evidence.) 

Trust  Deeds. — {See  Chattel  Mortgages  and  Mortgages.) 

Usury. — {See  Interest.) 

Wills. — Males  over  twenty-one  years  old,  and  females  over  the  age  of 
eighteen,  may  devise  realty  and  personalty  ;  and  males  over  age  of  eighteen, 
may  bequeath  goods  and  chattels  by  last  will  and  testament.  Every  will 
must  be  executed  as  follows:  1st,  it  must  be  subscribed  by  the  testator  at 
the  end  of  the  will,  or  by  some  person  for  him  at  his  request ;  2nd,  such 
subscription  shall  be  made  by  the  testator,  in  the  presence  of  each  of  the 
attesting  witnesses,  or  shall  be  acknowledged  by  him  to  have  been  so  made, 
to  each  of  the  attesting  witnesses  ;  3rd,  at  the  time  of  such  .subscribing  or 
acknowledgment,  the  testator  shall  declare  the  instrument  so  subscribed  to 
be  his  last  will  and  testament ;  4th,  there  shall  be  two  attesting  witnesses, 
each  of  whom  shall  sign  his  name  as  a  witness,  at  the  end  of  the  will,  at  the 
request  of  the  testator  ;  5th,  where  the  entire  body  and  signature  of  the 
will  are  in  the  handwriting  of  the  testator,  it  may  be  established  by  the  un- 
impeachable evidence  of  at  least  three  disinterested  witnesses,  to  the  hand- 
writing and  signature  of  the  testator,  without  subscribing  witnesses  ;  but  no 
such  will  shall  be  pleaded  in  bar  of  one  subscribed  in  due  form.  Noncupa- 
tive  wills  may  be  made  during  last  illness,  and  must  be  proved  by  at  least 
two  witnesses,  and  are  not  good  where  the  estate  bequeathed  exceeds  five 
hundred  dollars.  A  copy  of  a  foreign  will  may  be  admitted  to  probate  in 
this  state,  if  it  appears  by  the  copy  of  the  probate  in  another  state,  that  it 
was  executed  as  to  be  a  valid  will  of  the  lands  in  this  state  by  the  laws 
thereof. 

Wills  are  proved  and  recorded  in  the  office  of  the  clerk  of  the  Probate 
Court  of  the  county  in  which  the  testator  resided  at  the  time  of  his  death. 
If  he  had  no  known  place  of  residence  in  this  state,  and  land  is  devised,  then 
in  the  county  where  the  land  or  the  greater  part  thereof  lies,  if  no  land  is 
devised,  then  in  the  county  where  he  died  ;  or  that  in  which  his  estate  or  the 
greater  part  thereof  shall  lie,  or  where  there  may  be  any  debt  or  demand 
owing  to  him. 

Witnesses. — {See  Evidence. 


[Ark.  17.] 


ARKANSAS. 


69 


ATTORNEY'S    IN    ARKANSAS. 


Bold  Face  Type  denotes  county  seats.       A  dash  ( — )  less  than  100  population. 
Figures  after  names  when  admitted  to  Bar.       A  stiir  (*)  Notaries  Public. 
A  double  dagger  (l)  our  Compiler  of  Ijaws. 
A  dagger  (t)  former  recommendations  withdrawn. 


Alma 

Alpin 

Arkadelphia 

Arkansas  City 

Ash  Fhit 

Atkins 

Augusta 

Batesville 

Bearden 

Beebe  Station 

Benton 

Bentonville 

Berrjrville 

Black  Springs 

Blanchton 

Blythesville 

Boonville 

Boydsville 

Bucknur 

Cabot 

Caddo  Gap 

Camden 

(Uirrollton 

Centre  Point 

CJiarleston 

(/herry  Grove 

Chismville 

Clarendon 

Clarksville 

Clinton 

Coal  Hill 

Conway 

(.'orning 

('otton  Plant 

Crawfordsville 

Dallas 

Danville 

Dardanelle 

Des  Arc 

DeWitt 

Dover 

Drakes  Crock 


COUNTY. 

NAME   OF    ATTORNEYS. 

popula'n 

Crawfoid 

W.  H.  Bynes. 

506 

Berry 

Hon.  B.  S.  DuBose. 

66 

Clark 

Hon.  R.  D.  Hearn. 

1,506 

Desha 

J)ickinson  &  Kichardson. 

1,003 

Sharp 

AY.  A.  Turner. 

300 

Pope 

J.  E.  Joyner. 

523 

AVoodruft' 

D.  D.  Leach. 

1,702 

Independence 

Coleman  &  Tancey. 

1,264 

Anachita 

Wm.  Gatlin. 

50 

White 

J.  E.  RUSS. 

800 

Saline 

D.  M.  Cloud. 

453 

Benton 

J.  A.  Rice. 

800 

Carroll 

John  Watkins. 

553 

Montgomery 

'    A.  C.  King. 

100 

Bradley 

S.  W.  Godfrey. 

50 

Mississippi 

C.  L.  Moore. 

100 

Logan 

O.  L.  Miles. 

175 

Clay 

G.  B.  HoUifield. 

150 

Columbus 

L.  C.  COOK.  '72 

— 

Lonoke 

1.  E.  Hendricks. 

754 

Montgomery 

S.  P.  Yaught. 

50 

Onacliita 

H.  G.  Brenn. 

1.503 

Carroll 

J.  I.  AYorthington. 

248 

Howard 

W.  M.  Greeji. 

816 

Franklin 

J.  D.  Parks. 

391 

Grant 

T.  A.  Morris. 

100 

Logan 

E.  C.  Estes. 

100 

Monroe 

H.  A.  Parker. 

600 

Johnson 

J.  A.  Basham. 

956 

Van  Buren 

S.  W.  Simpson. 

166 

Johnson 

J.  P- BUSTER. '81 

200 

Faulkner 

J.  H.  Harrod. 

1,038 

Clay 

G.  B.  Oliver. 

393 

Monroe 

A.  F.  Maybury. 

250 

Crittenden 

R.  L.  Smith. 

1.50 

Polk 

^V.  M.  Matheny. 

178 

Yell 

John  M.  Parker. 

200 

Yell 

May  &  Son. 

74S 

Prairie 

JAS.  E.  GATEWOOD. 

548 

Arkansas 

Gibson  &  Holt. 

169 

Pope 

Bradley  &  Bradley. 

368 

Madison 

E.  Harrell. 

100 

70 

ARKANSAS. 

PLACE. 

COUNTY. 

NAMES   OF   ATTORNEYS.      POPULA'n, 

Eldorado 

Union 

J.  B.  Moore. 

443 

El  Paso 

White 

L.  C.  King. 

144 

Eureka  Springs 

Carroll 

Davis  &  Baker. 

5,000 

Evening  Shade 

Sharp 

J.  L.  Abemethy. 

286 

Falcon. 

Nevada 

L.  C.  Cook. 

169 

Fayetteville 

Washington 

L.  &  L.  W.  Gregg. 

2,000 

Fordyce. 

Dallas 

M.  Cramer. 

125 

Forest  Oity 

St.  Francis 

J.  Gattling. 

903 

Fort  Smith 

Sebastian 

B.  H.  Tabor. 

3,099 

Gainesville 

Greene 

Hon.  J.  E.  Riddick. 

300 

Grand  Lake 

Chicot 

Geo.  K.  Cracroft. 

300 

Gravelridge 

Bradley 

Ira  Pertle. 

— 

Green  Forest 

Carroll 

James  McCoy. 

200 

Greenwood 

Sabastian 

C.  B.  Neal. 

203 

Hampton 

Calhovm 

J.  R.  Thornton. 

150 

Hamburg 

Ashley 

George  W.  Norman. 

747 

Harmony 

Johnson 

Chas.  B.  Wilson. 

— 

Harrisburg 

Poin.sett 

Benjamin  Harris. 

750 

Harrison. 

Boone 

G.  J.  Crump. 

883 

Heber 

Cleburn 

P.  L.  Stricklin. 

100 

Helena 

Phillips 

Tappan  &  Horner, 

4,000 

Highland 

Sharp 

A.  J.  Porter. 

— 

Hope 

Henipstead 

C.  A.  Bridewell. 

1,233 

Hot  Springs 

Garland 

E.  W.  RECTOR. 

3,554 

Huntsville 

Madison 

A.  M.  Broomfield. 

313 

Jacksonport 

Jackson 

W.  R.  Jones. 

656 

Jasper 

Newton 

F.  0.  Booner. 

250 

Johnsviile 

Bradley 

G.  M.  Hampton. 

100 

Jonesboro 

Cragihead 

McGovern  &  Hawthorne. 

1,000 

Judsonia 

White 

John  DeBois. 

567 

Lake  Village 

Chicot 

D.  H.  Reynolds. 

100 

Lewisville 

La  Fayette 

W.  P.  Parks. 

301 

Little  Rock 

Pulaski 

t  T.J.  Oliphint. 

See  Card  in  Appendix,  pafje  i 

23,638 

Lockesburg 

Sevier 

Steele  &  Steele, 

256 

Long  Kidge 

Logan 

J.  0.  Davis. 

— 

Lonoke 

Lonoke 

LEA  (ROBT.  J.)  & 
TRIMBLE  (THOS.  C.) 

659 

Luna  Landing 

Chicot 

Robert  E.  Craig. 

200 

Magazine 

Logan 

W.  D.  Mclnturf. 

478 

Magnolia 

Columbia 

Kelso  &  Wallas. 

536 

Malvern 

Hot  Springs 

Duffie  &  Duffie. 

1.200 

Marianna 

Lee 

John  M.  Hewitt. 

1,200 

Marion 

Crittenden 

R.  F.  Crittenden. 

300 

Mars  Hill 

La  Fayette 

Cassius  Leigh. 

— 

Marshall 

Searcey 

W.  M.  Hays. 

169 

Melbourne 

Izard 

S.  W.  WOODS.    . 

549 

Millville 

Onachita 

Lucian  Dilworth. 

— 

Mineral  Springs 

Howard 

J.  A.  Corbell. 

546 

Morrilton 

Conway 

Hanna  &  Hinkle. 

1,270 

Monticello 

Drew 

Wells  &  Williamson. 

891 

Moro 

Lee 

J.  M.  Hall. 

— 

More  Bay 

Bradley 

D.  Neal. 

100 

Mountain  Home 

Baxter 

M.  N.  Dyer. 

137 

Mountain  View 

Stone 

J  as.  A.  King, 

158 

Mt.  Ida 

Montgomei'y 

J.  A.  Watkins, 

100 

Murfreesboro 

Pike 

W.  B.  Thomasson. 

200 

Nashville 

Howard 

W.  P.  Teazle. 

173 

Newpoit 

Jackson 

Joseph  M.  Bell. 

2,200 

ARKANSAS. 

71 

PI.ACK. 

COUNTY. 

NAMES   OF   ATTORNEYS. 

POrULA'N. 

Osceola 

Mississippi 

S.  S.  Semmes. 

317 

Ozark 

Franklin 

Edward  IL  Mathes. 

1,240 

Paruyoultl 

Green 

L.  L.  Mack  &  Son. 

790 

Paris 

Logan 

Harlcy  &  Sadler. 

COO 

Peiulleton 

Desha 

G.  W.  Joslyn. 

100 

Perryville 

Perry 

J.  F.  Sellers. 

256 

Pine  Bluffs 

Jefferson 

J.  W.  (h-awford. 

3,203 

Pocohontas 

Randolpli 

Black  &  Black. 

525 

Polk  Bav.Hi 

Sharp 

Abner  Steele. 

— 

Poplar  IJlutt' 

Ashley 

B.  B.  Staton. 

100 

Poi>lar  (Ti-ove 

Phillips 

J.  P.  Roberts. 

319 

Powhatton 

Lawrence 

Baber  &  Thornburg. 

196 

Prescott 

Nevada 

Smoot,  McRea  &  Hinton, 

1,253 

Princeton 

Dallas 

M.  M.  Duffie. 

105 

Quitman 

Cleburn 

B.  D.  Turner. 

177 

Ked  Fork 

Desha 

D.  IL  C.  Moore. 

100 

Richmond 

Little  River 

J.  C.  &  H.  C.  Head. 

350 

Kocky  Comfort 

Little  River 

A.  D.  Hawkins. 

213 

Rogers 

Benton 

S.  H.  Cordell. 

1,000 

Rnssellville 

Pope 

.J.  G.  Wallace. 

2,583 

Salem 

Fulton 

Phillips  &  Cook. 

168 

Searcy 

White 

Rives  &  Rives. 

1,500 

Sheridan 

Grant 

J.  S.  Williams. 

150 

Smitlivillc 

Lawrence 

J.  B.  Judkin. 

300 

Sprinydale 

Washington 

A.  J.  Hale. 

698 

Star  City 

Lincoln 

J.  M.  Cunningham. 

500 

Sunk  Laud 

Cragihead 

W.  A.  May. 

— 

Texarkana 

Miller 

E.  F.  FRIEDELL. 

1,336 

Toledo 

Cleveland 

Stephens  &  Taylor. 

143 

Tomlinson 

Scott 

C.  H.  Hawthorne. 

— 

Trenton 

Phillips 

M.  G.  B.  Scaife. 

100 

Van  Buren 

Crawford 

Tnrner  &  Turner. 

1,550 

Vandale 

Cross 

J.  D.  Block. 

250 

Viola 

Fulton 

•J.  M.  Wiseman. 

— 

Waldron 

Scott 

L.  D.  Gilbreath. 

500 

AValnut  llidge 

Lawrence 

Chas.  Coffin. 

500 

Warren 

Bradley 

A.  C.  Jones. 

301 

Washington 

Hempstead 

A.  B.  Williams. 

730 

Wite'herville 

Sabastiau 

J.  F.  Marshall. 

— 

Wittsburg 

Cross 

N.  W.  Norton. 

290 

Wymie 

Cross 

J.  R.  Robertson. 

— 

Yellville 

Marion 

J.  C.  Flo^d. 

545 

w 


ARKANSAS. 


BANKS    IN    ARKANSAS. 

Giving  tlie  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  of  one 
bank  in  each  countyof  this  state  in  which  such  a  banking  institution  is  located. 


PLACE.  NAME   OF   BANK. 

Batesville  Simon  Adler. 

Bentonville         Benton  County  Bank 
Camden  Bank  of  Camden 

Dardanelle         M.  Jessup 
Eureka  Springs  Citizens'  Bank 


Fayettville 

(1 

Fort  Smith 

Harrison 
Helena 

Hope 

Hot  Springs 

Little  Kock 


Washington  County  Bank 
William  McElroy 
Merchants'  Bank 
N.  Bk.  of  West' rn  Arkansas 
Boon  County  Bank 
First  National  Bank 
John  S.  Horner  &  Son 
W.  Y.  Foster 
Arkansas  National  Bank 
Hot  Springs  Valley  Bank 
First  National  Bank 
Exchange  National  Bank 
Uerman  National  Bank 
Parker  &  Worthen 
Bank  of  Magnolia 
Ijee  County  Bank 
Samuel  Heller  &  Co 
First  National  Bank 
Merchants'  &  Planters'  Bk 
Nevada  Coitnty  Bank 
Bank  of  Ik)gers 


agnolia 

arianna 

Newport 

Pine  Bluff 

(I 

Prescott 

Rogers 

Searcy  Bank  of  Searcy 

Siloam  Springs  Bank  of  Siloam 

Texarkana  (See  Texarkana,  Texas.) 

Van  Buren  Citizen's  Bank 

"  Crawford  County  Bank 


PAID   UP 

CASHIER. 

CAPITAL. 

S.  F.  Stahl. 

$40,000 

Charles  K,  Sithen. 

30,000 

J.  T.  Champlin. 

Mac  Devin. 

12,000- 

W.  R.  Mcllroy. 

John  S.  Park. 

100,000 

John  Vaile. 

55,000 

R.  F.  King,  Jr. 

20,000 

Lycurgus  Lucy. 

50,000 

20,000 

Charles  N.  Rix. 

100,000 

B.  D.  Rapley. 

10,009 

P.  K.  Roots. 

250,000 

J.  S.  Pollock. 

100,000 

Creed  T.  Walker. 

200,000 

(J.  G.  Kelso.) 

40,000 

(Julius  Lesser.) 

35,000 

10,000 

C.  M.  Neel,  Jr. 

50,000 

H.  H.  Hunn. 

58,000 

(Terry  &  Young.) 

12,000 

(W.  R.  Felker.) 

8,000 

G.  B.  Greer. 

R.  S.  Morris. 

20,000 

U.  H.  Park. 

50,000 

R.  S.  Hynes. 

STATE  OF 

CAIvIKORNIA. 

SUM3IA1JY   OF 

Collection    Laws. 

OouRT  Calendar,  Instructions  for  taking   Depositions,  Legal  Forms,  Etc. 
Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "Showers' 
Legal  Directory  and  Merchants'  Guide."  for  1888,  by  F.  A. 
Berlin,  of  the  San  Francisco  Bar. 

Ackno'wledginentS. —  What  must  be  acknowledged  and  recorded. — Declara- 
tions of  marriagt',  inventories  of  separate  property  of  wife,  marriage  settlement 
contracts,  contracts  of  apprenticeship,  execution  of  power  by  married  women, 
con.sent  to  execution  of  power,  instruments  conveyancing-  or  encumbering 
homesteads,  declarations  of  homesteads,  abandonment  of  homesteads,  cer- 
tificates of  partnerships,  mortgages  of  real  and  personal  property,  and  all 
deeds  and  transfers  and  instruments  affecting  title  to  real  property  ;  judg- 
ments, letters  patent  of  this  state  and  of  the  United  States  may  be  recorded 
without  acknowledgment.  Articles  of  incorporation  must  be  subscribed  by 
five  or  more  persons  and  acknowledged  by  each. 

Who  may  take  acknotoledginents  iit,  the  State. — A  justice  or  clerk  of  the 
supreme  court,  or  a  judge  of  a  superior  court,  may  take  an  acknowledgment 
at  any  place  within  this  state.  A  clerk  of  a  court  of  record,  a  county  re- 
corder, a  notary  public  or  justice  of  the  peace  may  take  an  acknowledgment 
within  the  city,  city  and  county,  county  or  district  for  which  he  was  elected 
or  appointed. 

Without  this  state,  but  within  the  United  States,  and  within  the  jurisdic- 
tion of  the  officer,  acknowledgments  may  be  taken  before  either  :  1.  A  jus- 
tice, judge  or  clerk  of  any  (;ourt  of  record  of  the  United  States.  2.  A  jus- 
tice, judge  or  clerk  of  any  court  of  record  of  any  state,  3.  A  commissioner 
ai)pointed  by  the  governor  of  this  state  for  that  purpose.  4.  A  notary  pub- 
lic. 5.  Any  other  officer  of  the  state  where  the  acknowledgment  is  made, 
authorized  by  its  laws  to  take  such  acknowledgments.  Without  the  United 
iStates,  before  either  : 

1.  A  minister,  commissioner  or  charge  d'affaires  of  the  United  States  resi- 
dent and  accredited  in  the  country  where  the  acknowledgment  is  made.  2. 
A  consul  or  vice-consul  of  the  United  States  resident  in  the  country  where 
the  acknowledgment  is  made.  ?>.  A  judge  of  a  court  of  record  of  the  coun- 
try where  the  acknowledgment  is  made.  4.  Commissioners  appointed  for 
such  purpose  by  the  governor  of  this  state,  jjursuant  to  special  statutes.  5. 
A  notary  public. 

Where  any  of  the  foregoing  officers  are  authorized  by  law  to  appoint  a 
deputy,  the  acknowledgment  may  be  taken  by  such  deputy  in  the  name  of 
liis  principal. 

An  acknowledgment  must  not  be  taken  unless  the  officer  taking  it  knows, 
or  has  satisfactory  evidence,  on  the  oatii  or  affirmation  of  a  credible  witness, 
that  a  person  making  such  acknowledgment  is  the  individual  who  is  described 
in  and  who  executed  the  instrument ;  or.  if  executed  by  a  corporation,  that 

[Cal.  1.1 


74  CALIFORNIA. 

the  person  making  such  acknowledgment  is  the  president  or  secretary  of  sucli 
corporation,  and  such  knowledge  or  evidence  must  be  stated  in  the  certificate 
of  acknowledgment. 

A  married  woman  must  be  made  acquainted,  by  the  officer,  with  the  con- 
tents of  the  instrument  on  an  examination  without  tlie  hearing  of  her  hus- 
band, before  the  acknowledgment  is  taken,  and  she  must  acknowledge  to 
the  officer  that  she  executed  the  instrument  and  that  she  does  not  wish  to 
retract  such  execution.  A  conveyance  by  a  married  woman  has  no  validity 
until  acknowledged  as  above  stated. 

Officers  taking  aud  certifying  acknowledgments  must  authenticate  their 
certificates  by  affixing  thereto  their  signatures,  followed  by  the  names  of 
their  offices,  also  their  seals  of  office  ;  if  by  the  laws  of  the  state  or  country 
where  the  acknowledgment  is  taken,  or  by  authority  of  which  they  are  act- 
ing, they  are  required  to  have  official  seals. 

General  Form  of  Acknowledgments. 

State  of  California,  ) 

County  of ^     ' 

On  this day  of ,  in  the  year ,  before  me  (name  and  quality  of 

officer),  personally  appeared ,  known  to  mc  (or  proved  to  me  on  the  oath 

of )  to  be  the  person  whose  name  is  subscribed  to  the  within  instrument 

and  acknowledged  to  me  that  he  (or  they)  executed  the  same. 

[seal.]         (C.  C,  §  1.189.)  (Signature  and  title  of  officer.) 

If  the  deed  be  executed  by  a  corporation,  after  the  words  "known  to  me," 
etc.,  insert  "to  be  the  president  (or  secretary)  of  the  corporation  that  exe- 
cuted the  within  instrument  and  acknowledged  to  me  that  such  coi'iioratiou 
executed  the  same."     (C.  C,  §  1,190.) 

op  a  married  woman. 

State  of  California,  ) 

County  of .  S     ' 

On  this day  of ,  in  the  year ,  before  me  (name  and  quality  of 

officer),  personally  appeared ,  known  to  me  (or  proved  to  me  on  the  oath 

of )  to  be  the  person  whose  name  is  subscribed  to  the  within  instrument, 

described  as  a  married  woman  ;  and  upon  an  examination  without  the  hear- 
ing of  her  husband,  I  made  her  acquainted  with  the  contents  of  the  instru- 
ment, and  thereuijon  she  acknowledged  to  me  that  she  executed  the  same, 
and  that  she  does  not  wish  to  retract  such  execution. 

[seal.]         (C.  C,  §  1191.)  (Signature  and  title  of  officer.) 

By  subscriljing  witness,  see  general  form. 

By  an  attorney  in  fact,  same  as  the  general  form,  but  after  the  word  "  in- 
strument" insert  "as  the  attorney  in  fact  of ,  and  acknowledged  that  he 

subscribed  the  name  of thereto  as  principal,  and  his  own  name  as  attor- 
ney in  fact."     (C.  C,  §  1192.) 

Form — Proof  by   subscribing  witness. 

State  op  California,  } 

County  of .  )     ' 

On  this day  of ,  in  the  year  one  thousand  eight  hundred  and , 

before  me ,  a .  jiersonally  appeared,  known  to  me  to  be  the  person 

whose  name  is  subscribed  to  the  within  instrument  as  a  subscribing  witness 

thereto,  and  that  said ,  being  by  mc  sworn,  on  oath  testified  and  proved 

to  me  that ,  the  person  whose  name  is  subscribed  to  said  instrument  as 

a  party,  is  the  person  described  in  it,  and  that  the  said executed  the 

same,  and  that  he,  the  said ,  subscribed  liis  name  thereto  as  a  witness. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and ■  the  day  and  year 

in  this  certificate  first  above  written. 

[seal. ]  ( Signatu re  and  title. ) 

[Cal.  2.] 


CALIFORNIA.  75 

A-Ctions.— (See  Attdrhmenta,  Courts,  Limitatiens,  Judgments  and  Suits.) 

Admildstration. —  Of  Estates  of  Deceased  Persons. — Tlic  superior  court  of 
each  county  lias  jurisdictiou  of  all  matters  of  probate,  administration  and 
guardianshij). 

AflB.davits. — {See   Oaths  and  Affidavits.) 

Aliens. — Aliens  may  take,  hold,  and  dispose  of  property,  real  or  personal, 
within  this  state.  If  a  non-resident  alien  takes  by  succession,  he  must  ap- 
pear and  claim  the  property  within  five  years  from  the  time  of  succession,  or 
be  barred. 

Appeals. — There  is  an  appeal  in  all  cases  from  tlie  justices'  court  to  the 
superior  court  of  the  county  ;  and  in  all  cases  commenced  in  the  superior 
court  there  is  an  appeal  to  the  supreme  court  of  the  state. 

Arrest. — Defendant  may  be  arrested  in  the  following  cases,  and  none 
other,  viz.  :  1.  In  an  action  for  the  recovery  of  money  or  damages  on  a 
cause  of  action  arising  upon  contract,  express  or  implied,  when  the  defen- 
dant is  about  to  dejiart  from  the  state  with  intent  to  defraud  his  creditors. 
2.  In  an  action  for  a  fine  or  penalty,  or  for  money  or  property  embezzled,  or 
fraudulently  misapplied  or  converted  to  his  own  use,  by  a  public  officer  or 
an  oflicer  of  a  corporation,  or  an  attorney,  factor,  broker,  agent  or  clerk,  in 
the  course  of  his  employment  as  such,  or  by  any  other  person  in  a  fiduciary 
capacity,  or  for  misconduct  or  neglect  in  office,  or  in  a  professional  employ- 
ment, or  for  a  wilful  violation  of  duty.  3.  In  an  action  to  recover  the  pos- 
session of  personal  property  unjustly  detained,  when  the  property  or  any 
pj),rt  thereof  has  been  concealed,  removed  or  disposed  of  to  prevent  its  being 
found  or  taken  by  the  sheriff".  4,  When  the  defendant  has  been  guilty  of  a 
fraud  in  contracting  the  debt  or  incurring  the  obligation  for  Avhich  the  action 
is  brought,  or  in  concealing  or  disposing  of  the  property  ;  for  the  taking,  de- 
tention or  conversion  of  which  the  action  is  brought.  5.  When  the  defen- 
dant has  removed  or  disposed  of  his  property,  or  is  about  to  do  so,  with  in- 
tent to  defraud  his  creditors. 

An  order  of  arrest  must  be  obtained  from  a  judge  of  the  court  in  which 
the  action  is  brcnight. 

The  order  may  l)e  made  whenever  it  appears  to  the  judge,  from  the  affida- 
vit of  plaintiff'  or  some  one  else,  that  a  sufficient  cause  of  action  exists,  and 
that  the  case  is  one  of  those  above  mentioned. 

Before  issuing  the  order  the  judge  must  require  an  undertaking  with  two 
sureties  in  a  sum  not  less  than  $500.  The  order  may  be  made  at  any  time 
before  judgment. 

Assignments. — An  insolvent  debtor  may  in  good  faith,  execute  an  assign- 
ment of  property  to  one  or  more  assignees  in  trust  for  the  satisfaction  of  his 
creditors.  A  debtor  is  insolvent  when  he  is  unable  to  pay  his  debts  from  his 
own  means,  as  they  become  due.  A  debtor  may  pay  one  creditor  in  prefei'- 
ence  to  another,  or  may  give  one  creditor  security  for  the  payment  of  his  de- 
mand, in  preference  to  another.  But  any  assignment  for  the  benefit  of  credi- 
tors is  void  against  any  creditor  of  the  assignor  not  assenting  thereto,  in  the 
following  cases  :  1st.  If  it  give  preference  to  one  debt  or  class  of  debts  over 
another;  2d.  If  it  tend  to  coerce  any  creditor  to  release  or  compromise  his 
demand  ;  8d.  If  it  provide  for  the  payment  of  any  claim  known  to  the  as- 
signor to  bo  false  or  fraudulent,  or  for  the  payment  of  more  upon  any  claim 
than  is  known  to  be  justly  due  from  the  assignor;  4th.  If  it  reserve  any  in- 
terest in  the  assigned  property,  or  in  any  part  thereof,  to  the  assignor,  or  for 
his  benefit,  before  all  his  existing  debts  are  paid  ;  5th.  If  it  confer  upon  the 
assignee  any  power,  which  if  exceeded,  might  preventer  delay  the  immediate 
conversicm  of  the  assigned  property,  to  the  purposes  of  the  trust ;  0th.  If  it 
exempt  him  from  liability  for  neglect  of  duty  or  misconduct. 

fOal.  3.1 


76  CALIFORNIA. 

An  assignment  must  be  m  writing,  and  acknowledged,  or  proved  and  cer- 
tified and  recorded  with  the  county  recorder  of  the  county  in  which  the  as- 
signor resided  at  the  date  of  the  assignment ;  and  with  the  assignment  must 
be  tiled  with  the  county  recorder,  an  inventory  giving  the  names  and  resi- 
dence of  creditors,  amount  and  nature  of  each  debt,  and  its  consideration, 
judgments,  mortgages  or  other  security,  property  of  assignor  exempt  from 
execution,  property  not  exempt  from  execution. 

The  assignee  is  not  a  i)urchaser  for  value,  and  has  no  greater  rights  than 
the  assignor.  He  must,  within  thirty  days  after  the  assignment,  give  a  bond 
to  the  people  of  this  state,  in  an  amount  to  })e  fixed  by  the  judge  of  the  su- 
perior court  of  the  county  in  which  the  original  inventory  is  filed.  An  assign- 
ment once  executed  and  I'ecorded,  cannot  afterwards  be  cancelled  or  modified 
by  the  parties  thereto,  without  the  consent  of  every  creditor  aftected  thereby. 

Attachments. — An  attachment  may  issue  at  the  time  of  issuing  the  sum- 
mons, or  at  any  time  thereafter,  in  the  following  cases  :  1st.  In  an  action 
upon  a  contract,  express  or  implied,  for  the  direct  payment  of  money  where 
the  contract  is  made,  or  is  payable  in  this  state,  and  is  not  secured  by  any 
mortgage  or  lien  upon  real  or  personal  property,  or  any  pledge  of  personal 
property,  or,  if  originally  so  secured,  such  security  has,  without  any  act  of 
the  plaintiff  or  the  person  to  whom  the  security  was  given,  become  valueless; 
2d.  In  an  action  upon  a  contract,  expressed  or  implied,  against  a  defendant 
not  residing  in  this  state. 

The  attachment  is  issued  in  the  action  by  the  clerk  of  the  court,  upon  filing 
an  affidavit,  by  or  on  behalf  of  the  plaintiff,  showing  the  foregoing  facts  to 
exist,  and  that  the  attachment  is  not  sought  and  the  action  is  not  prosecuted 
to  hinder,  delay,  or  defraud  any  creditor  of  the  defendant.  And  before  the 
attachment  is  issued,  the  plaintiff'  must  file  an  undertaking,  with  two  securi- 
ties, in  a  sum  not  less  than  $200,  nor  more  than  the  amount  claimed,  (it  is 
usually  given  for  one-half  the  amount  claimed)  ,  the  condition  and  object  of 
the  undertaking  is  to  secure  the  defendant  against  all  costs  and  damages  by 
reason  of  the  attachment. 

Bills  of  Exchange  and  Promissory  Notes, — The  law  and  rules  govern- 
ing negotiable  paper,  are  very  much  the  same  as  those  of  the  common  law 
and  law  merchant.  Days  of  grace  are  not  allowed  in  this  state.  An  action 
G.innot  be  maintained  upon  a  bill  or  note,  iniless  commenced  witliin  four 
jears  from  its  maturity,  or,  if  the  bill  or  note  is  made  out  of  this  state,  un- 
less commenced  within  two  years  from  maturity.  Any  writtenpromise  or  re- 
quest for  the  payment  of  a  certam  sum  of  money,  to  order  or  bearer,  is  a 
negotiable  instrument.  The  apparent  maturity  of  a  bill  of  exchange,  pay- 
able at  sight  or  on  demand,  is  one  year  after  date,  if  it  bears  interest,  other- 
wise, ten  days  after  its  date,  in  addition  to  reasonable  time  to  forward  it  for 
acceptance.  The  apparent  maturity  of  a  promissory  note  is  one  year  after  its 
date,  if  it  bears  interest ;   otherwise  six  months  after  its  date. 

Chattel  Mortgages. — Mortgages  may  be  made  upon  the  following  pro- 
perty: 1.  Locomotives,  engines,  and  other  rolling  stock  of  railroad ;  2. 
Steamboat  machinery,  the  machinery  used  by  machinists,  foundrymen  and 
mechanics;  3.  Steam  engines  and  boilers  ,  4.  Mining  machinery  ;  5.  Printing 
presses  and  material;  6.  Professional  libraries;  7.  Instruments  of  a  sur- 
veyor or  dentist ;  8.  Upholstery  and  furniture  used  ui  hotels,  lodging  or 
bearding  houses,  when  mortgaged  to  secure  the  purchase  money  of  tlie  arti- 
cles mortgaged;  9.  Growing  crops  ;  10.  Vessels  of  more  than  five  tons  bur- 
<len ;  11.  Instruments,  negatives,  furniture  and  fixtures  of  a  photograph 
gallery ;  12.  The  machinery,  casks,  pipes,  tubs  and  utensils  used  in  the  manu- 
facture of  wine,  fruit  brandy,  and  fruit  s'yrup  or  sugar. 

The   mortgage  must   be  accompanied   l)y  the  affidavit  of  all  the  parties 
tliereto,  that  it  is  made  in  good  faith  and  without  any  design  tohhider,  delay 
or  defraud  creditors,  and  it  must  be  acknowledged  or  proved,  certified  and 
recorded,  as  grants  of  real  property. 
LCal.  4.] 


CALIFORNIA.  77 

Claims  against  Decedents'  Estates. — Claims  against  estates  of  dece- 
deuls  must  be  pivsuiitcd  to  the  cxeuiUor  or  administrator,  within  ten  months 
after  the  tirst  publication  of  notice  to  creditors,  if  the  estate  exceeds  $10,000 ; 
otherwise,  within  four  montlis.  If  approved  by  the  executor  or  adminis- 
trator, it  must  be  presented  for  approval  to  the  probate  court ;  if  approved 
by  him,  it  may  then  be  filed  in  the  probate  proceedings,  and  lias  the  effect  of 
a  judgment.  If  a  claim  is  not  so  invsented,  it  is  forever  barred,  unless  the 
claimant  make  affidavit  to  the  court  or  judge  that  he  had  no  notice,  by  reason 
of  being  out  of  the  state  ;  in  such  case  he  may  j^resent  his  claim  at  any  time 
before  a  decree  of   distribution  is  entered. 

Every  claim  nmst  be  suj)ported  by  the  affidavit  of  the  claimant,  or  some 
one  in  his  behalf,  that  the  amount  is  justly  due  ,  that  no  payments  have  been 
made  thereon  which  are  not  credited,  and  that  there  are  no  offsets  to  the  same^ 
to  the  knowledge  of  the  atfiant. 

If  the  claim  should  be  rejected  by  the  executor  or  administrator,  or  by  the 
judge,  the  claimant  must  bring  suit  in  the  proper  court,  against  the  executor 
or  administrator,  within  three  months  after  the  date  of  its  rejection,  if  it  be 
then  due,  or  w  itliin  two  months  after  it  becomes  due  ;  otherwise  the  claim 
■will  be  forever  barred. 

Corporations. — Private  corporations  in  this  state  may  be  formed  for  any 
purpose  for  which  individuals  may  lawfully  associate  themselves,  and  the 
charter  of  incorporation  is  obtained  as  follows  :  by  filing  articles  of  incor- 
poration with  the  county  clerk  of  the  county  in  which  the  corporation  in- 
tends to  have  its  principal  place  of  business,  filing  a  certified  copy  of  same 
with  the  secretary  of  state,  who  thereupon  issues  a  certificate  of  incorpora- 
tion, which  is  its  charter. 

Costs,  Secutity  for. — Security  for  costs  may  be  demanded  of  any  non- 
resident plaintift". 

Courts,  and  time  for  holding.—  The  Supreme  Court  is  composed  of 
two  departments  of  three  judges  each.  Cases  of  great  importance  are 
heard  in  banc  ,  when  sitting  in  banc  the  chief  justice  presides.  He  may  also 
sit  in  either  department. 

The  Superior  Courts  are  the  courts  of  general  jurisdiction,  and  hear  all 
matters  of  a  civil  nature,  except  actions  to  recover  money  or  damages  or  per- 
sonal property,  when  the  amount  or  value  is  under  three  hundred  dollars, 
($300),  in  which  case  the  justices  courts  have  jurisdiction.  The  superior 
courts  hear  all  matters  of  probate,  and  try  all  indictments,  presentments  and 
informations,  etc.  There  are  no  set  times  for  holding  these  courts  ,  they  are 
presumed  to  be  in  continual  session. 

There  are  no  county  courts. 

City  governments  have  their  police  courts. 

Curtesy. — There  is  no  curtesy  in  this  state. 

Deeds. — {See  Acknowledgments. ) 

Descent  and  Distribution. — If  decedent  leaves  a  surviving  husband  or 
wife  and  only  one  child,  or  the  lawful  issue  of  one  child,  the  estate  goes  in 
equal  shares  to  the  surviving  husband  or  wife  and  child  or  issue  of  such  child. 
If  the  decedent  leave  a  surviving  husband  or  wife  and  more  than  one  child 
living,  or  one  child  living  and  the  lawful  issue  of  one  or  more  deceased  chil- 
dren, one-third  goes  to  the  surviving  husband  or  wife  and  the  remainder  in 
equal  shares  to  his  children  and  to  the  lawful  issue  of  any  deceased  child  by 
right  of  representation.  But  if  there  be  no  child  of  decedent  living  at  his 
death,  the  remainder  goes  to  all  his  lineal  descendants.  If  the  decedent 
leave  no  surviving  husband  or  wife,  but  leave  issue,  the  whole  estate  goes  to 
such  issue.  If  the  decedent  leave  no  issue,  one-half  goes  to  the  surviving 
husband  or  wife,  and  the  other  half  to  the  decedent's  father  and  mother  in 

[Cal.  5,1 


78  CALIFORNIA. 

equal  shares,  and  if  either  be  dead  the  whole  of  said  half  goes  ta  the  other. 
If  there  be  no  father  or  mother,  then  one-half  goes  in  equal  shares  to  the 
brothers  and  sisters  and  to  the  children  of  any  deceased  brothers  or  sisters. 
If  there  is  no  issue  nor  husband  nor  ■wife,  the  estate  must  go  to  his  father 
and  mother  in  equal  shares,  or  if  either  be  dead  then  to  the  other. 

If  the  decedent  leave  a  surviving  husband  or  wife,  and  neither  issue,  father, 
mother,  brother  nor  sister,  the  whole  estate  goes  to  the  surviving  husband 
or  wife.  If  the  decedent  leave  neither  issue,  husband,  wife,  father,  mother, 
brother  nor  sister,  the  estate  must  go  to  the  next  of  kin  in  equal  degrees. 

Depositions. — Depositions  of  parties  to  an  action  may  betaken  in  all  cases 
at  any  time  after  the  service  of  summons  upon  all  the  defendants,  and  may 
be  taken  before  a  court  commissioner  or  notary  public.  Depositions  of  non- 
resident witnesses  may  be  taken  upon  a  commission  issued  from  the  court. 

Divorces. — Divorces  are  allowed  in  this  state  upon  the  following  grounds: 
adultery,  extreme  cruelty,  wilful  desertion,  wilful  neglect,  habitual  intem- 
perance, conviction  of  felony. 

Dower. — There  is  no  dower  in  this  state. 

Execution. — May  be  issued  upon  a  judgment  requiring  the  payment  of 
money  at  any  tiiue  within  five  years  after  judgment  is  rendered,  and  may  be 
levied  upon  either  personal  or  real  property  of  defendant,  and  such  property 
may  be  sold  thereunder  after  due  advertisement. 


Exemptions. — 1.  Chairs,  tables,  desks  and  books  of  the  value  of 
2.  Necessary  household,  table  and  kitchen  furniture,  including  one  sewing 
machine,  stoves,  stove-pipes  and  furniture,  wearing  apparel,  beds,  bedding 
and  bedsteads,  hanging  pictures,  oil  paintings  and  drawings  drawn  or  painted 
by  any  member  of  the  family,  family  portraits  and  their  necessary  frames, 
provisions  actually  provided  for  individual  or  family  use  sufficient  for  three 
months,  and  three  cows  and  their  sucking  calves,  four  hogs  with  their  suck- 
ing pigs,  and  food  for  such  hogs  and  cows  for  one  month.  3.  Farming  uten- 
sils or  implements  of  husbandry ;  also,  two  oxeu  or  two  horses  or  two  mules 
and  their  harness,  one  cart  or  wagon,  and  food  for  such  oxen,  horses  or  mules 
for  one  month;  also  all  seed,  grain  or  vegetables  actvially  provided,  reserved 
or  on  hand  for  planting  or  sowing  at  any  time  within  six  months,  not  exceed- 
ing in  value  $300,  and  seventy-five  bee  hives,  and  one  horse  and  vehicle  of  a 
person  maimed  or  crippled,  and  the  same  is  necessary  to  his  business.  4. 
The  tools  or  implements  of  a  mechanic  or  artisan  necessary  to  carry  on  his 
trade,  the  notarial  seal,  records  and  office  furniture  of  a  notary  public,  the  in- . 
struments  and  chests  of  a  surgeon,  physician,  surveyor  or  dentist  necessary  to 
the  exercise  of  their  profession,  with  their  professional  libraries  and  necessary 
office  furniture,  the  professional  libraries  of  attorneys,  judges,  ministers  of 
the  gospel,  editors,  school  teachers  and  music  teachers  and  their  necessary 
office  furniture,  the  musical  instruments  of  music  teachers  actually  used  by 
them  in  giving  instructions,  and  all  the  indexes,  abstracts,  books,  papers, 
maps  and  office  furnitvire  of  a  searcher  of  records.  5  The  cabin  or  dwelling 
of  a  miner,  not  exceeding  $500  in  value ;  also  his  sluices,  pipes,  hose,  windlass, 
derrick,  cars,  pumps,  tools,  implements  and  appliances  necessary  for  mining, 
not  exceeding  in  aggregate  value  $500,  and  two  horses,  mules  or  oxen  and 
harness,  and  their  food  for  one  month,  used  with  a  mine,  and  also  his  min- 
ing claim,  not  exceeding  $1,000  in  value.  6.  Two  horses,  oxen  or  mules  and 
their  harness,  and  one  cart  or  wagon,  dray  or  truck,  one  coupe,  one  hack  or 
carriage  for  one  or  two  horses,  by  use  of  which  a  cartman,  drayman,  truck- 
man, huckster,  peddler,  hackman,  teamster  or  other  laborer  habitually  earns 
his  living,  and  one  horse,  with  vehicle  and  harness  or  other  equipments  used 
by  a  physician,  surgeon,  constable,  or  minister  of  the  gospel  in  the  legitimate 
l)ractice  of  his  profession  or  business,  witli  food  for  such  horses,  oxen  or 
mule  for  one  month.  7.  Poultry,  not  exceeding  in  value  $25.  8.  Earnings 
ICal.  01 


CALIFOIIXIA.  79 

for  personal  services  rendered  within  thirty  days  next  precedin<^  levy  of  exe- 
cution or  attachment,  when  such  earnings  are  necessaiy  for  the  use  of  his 
family,  supi^orted  in  wliole  or  in  pait  by  his  labor,  but  one-half  of  snch  earn- 
ings may  be  taken  i'or  debts  contracted  for  the  necessaries  of  life.  9.  AVhere 
a  party  has  no  homestead  he  may  hold  as  exempt  shares  in  an  incorporated 
homestead  association,  not  exceeding  in  value  $1,000.  10.  All  moneys,  bene- 
tits,  privileges  oi-  immunities  accruing  or  in  any  manner  gruwing  out  of  any 
life  insurance  on  the  life  of  the  debtor,  if  the  annual  i)remiums  jiaid  do  not 
exceed  $500.  11.  All  tire  engines,  liooks  and  ladders,  with  the  carts,  trucks 
and  carriages,  hose,  buckets,  implements  and  ai)paratus  thereunto  appertain- 
ing, and  all  furnitnre  and  uniforms  of  any  tire  company  or  department  orga- 
nized under  any  law  of  this  state.  12.  All  arms,  unifonns  and  accoutre- 
ments re(£uired  by  law  to  be  kept  by  any  person,  and  also  one  gun.  18.  All 
court  houses,  jails,  public  offices  and  buildings,  lots,  grounds  and.  personal 
])roperty.  the  fixtures,  furniture,  pa])ers  and  appurtenances  belonging  and 
pertaining  to  the  jail  and  public  offices  belonging  to  any  county  of  this  state, 
and  all  cemeteries,  public  S(|uares,  parks  and  places,  i>ublic  buildings,  town 
halls,  markets,  buildings  for  the  use  of  fire  departments  and  military  orga- 
nizations, and  the  lots  and  grounds  thereto  belonging,  owned  or  held  by  an 
incorporated  city,  or  dedicated  by  such  town  or  city  to  health,  ornament  or 
public  use,  or  for  the  use  of  any  fire  or  military  ccnnpany.  However,  no  ar- 
ticle or  species  of  property  is  exempt  from  executi(m  issued  upon  a  judgment 
recovered  for  its  price  or  upon  a  judgment  of  foreclosure  of  a  mortgage 
thereon. 

False  Pretense.— ('SVe  An-eHt.) 

Fraud,  Statute  of. — The  following  contracts  are  invalid,  unless  the  same 
or  some  note  or  memorandum  thereof,  be  in  writing,  and  subscribed  by  the 
party  to  be  charged,  or  by  his  agent  :  1.  An  agreement  that  by  its  terms  is 
not  to  be  perfonned  within  a  year  from  the  making  thereof.  2.  A  six'cial 
l)romise  to  answer  for  the  debt,  default,  or  miscarriage  of  another,  o.  An 
agreement,  made  uj^on  consideration  of  marriage,  other  than  a  mutual 
])romise  to  marry.  4.  An  agreement  for  the  sale  of  goods,  chattels,  or  thing 
in  action,  at  a  price  not  less  than  two  hundred  dollars,  unless  the  buyer  ac- 
cept or  receive  pai-t  of  such  goods  and  chattels,  or  the  evidences  of  some  of 
them,  of  such  things  in  action,  or  pay  at  the  time  some  part  of  the  purchase 
money.  5.  An  agreement  for  the  leasing  for  a  longer  period  than  one  year, 
or  for  the  sale  of  real  property,  or  for  an  interest  therein;  and  such  agree- 
ment, if  made  by  an  agent  of  the  party  sought  to  be  charged,  is  invalid,  un- 
less the  authority  of  the  agent  be  in  writing,  subscribed  by  the  party  sought 
tt)  be  charged.  0,  An  agreement  authorizing  or  employing  an  agent  or 
broker  to  pui'chase  or  sell  real  estate  for  compensation  or  a  commission. 

Garnishment. — A  debtor  of  a  debtor  may  be  garnisheed  either  by  attach- 
ment or  execution. 

Grace. — ^To  grace  is  allowed  in  this  state. 

Homestead. — Homestead  to  the  amoiuit  of  $5,000  is  allowed  to  the  head 
of  a  familv  :  one  not  the  head  of  a  family  is  allowed  a  homestead  of  the 
value  of  $1,000. 

Insolvent  Laws. — An  insolvent  debtor  may  in  good  faith  execute  an  as- 
signment of  property  to  one  or  more  assignees  in  trust  for  the  satisfaction  of 
his  creditors.  An  insolvent  debtor,  owing  debts  exceeding  in  amount  the 
sum  of  three  hundred  dollars,  may  api)ly  by  jjctition  to  the  superior  court  of 
the  covmty,  or  city  and  county,  in  which  he  has  resided  for  six  months  next 
preceding  the  filing  of  his  petition,  to  be  discharged  from  his  debts  and 
liabilities. 

[Cal.  7.] 


80  CALIFOKNIA. 

An  adjudication  of  insolvency  may  "be  made  on  the  petition  of  five  or  more 
creditors,  residents  of  this  state,  whose  debts  or  demands  accrued  in  this- 
state,  and  amount  to  not  less  than  five  hundred  dollars. 

Interest  and  Usury. — There  are  no  usury  laws  in  this  state  :  a  party 
may  contract  for  any  rate  of  interest,  and  enforce  his  contract.  Where  no 
rate  is  specified,  the  legal  rate  is  seven  per  cent,  per  annum  ;  judgments  bear 
interest  at  seven  per  cent,  per  annum. 

Judgments. — Judgments  may  be  enforced  at  any  time  within  five  years 
after  they  are  entered.  Immediately  upon  docketing  a  judgment  it  becomes 
a  lien  upon  the  real  estate  of  defendant  in  the  county,  and  upon  the  filing  of 
a  judgment  in  another  county,  it  becomes  a  lien  upon  defendant's  realty  in 
that  county  ;  this  lien  continues  only  two  years.  Real  property  sold  under 
execution  may  be  redeemed  at  any  time  within  six  months. 

Justices  of  the  Peace. — Have  jurisdiction  in  civil  cases  of  all  actions  for 
the  recovery  of  money,  where  the  amount  is  less  than  three  hundred  dollars. 

Liens. — Liens  are  acquired  by  mortgage  of  real  or  personal  property, 
pledges  of  personal  property,  (in  which  cases,  possession  must  be  taken  of 
the  pledge),  bottomiy  and  respondentia,  vendor's  lien,  stoppoge  in  transitu, 
mechanics  and  laborers  and  material  men,  hotel  and  lodging  house  keepers. 
A  carrier  has  lien  for  freightage,  and  also  a  lien  for  fare  ;  also  a  person  in 
possession  of  personal  property  has  a  lien  for  any  service  rendered  to  the 
owner  thereof,  by  labor  or  skill,  employed  for  the  protection,  improvement, 
safe  keeping,  or  carriage  thereof,  lien  being  dependent  upon  possession. 

Limitation  of  Actions. — Actions  must  be  commenced,  1st.  Within  five 
years,  upon  a  judgment  or  decree  of  any  court  of  the  United  States,  or  of 
any  state  within  the  United  States,  and  for  mesne  profits  of  real  property  ; 
2d.  Within  four  years,  upon  any  contract,  obligation  or  liability  founded  upon 
an  instrument  inw  riting  executed  in  this  state  ;  3d.  Within  three  years,  upon 
a  liability  created  by  statute,  other  than  a  penalty  or  forfeiture  ;  for  trespass 
upon  real  property;  for  taking,  detaining,  or  injuring  any  goods  or  chattels, 
including  actions  for  the  specific  recovery  of  personal  property  ;  for  relief  on  the 
ground  of  fraud  or  mistake,  and  the  cause  of  action  does  not  accrue  until  the 
discovery  of  the  fraud  or  mistake  ;  4th.  Within  two  years  upon  a  contract, 
obligation  or  liability  not  founded  ujion  an  instrument  of  writing,  or  founded 
upon  an  instrument  of  writing  executed  out  of  the  state  ;  to  recover  dam- 
ages for  the  death  of  one,  caused  by  the  wrongful  act  or  neglect  of  another ; 
against  a  sheriff  for  non-payment  of  money  collected  upon  an  execution ;  5th. 
Within  one  year,  upon  a  statute,  or  upon  an  undertaking  in  a  criminal  action 
for  a  forfeiture  or  penalty  to  the  peojile  of  this  state  ;  for  libel,  slander,  as- 
sault and  battery,  false  imprisonment  or  seduction  ;  against  a  municipal  cor- 
l)oration  for  damages  or  injuries  to  property,  caused  by  a  mob  or  riot ;  6th. 
Within  six  months  against  an  officer,  or  officer  de  facto,  engaged  in  the  col- 
lection of  taxes  ;  for  money  paid  to  him  under  protest,  or  seized  by  him  as 
collector  of  taxes,  and  which  it  is  claimed  ought  to  be  refunded  ;  to  recover 
any  goods,  wares  or  merchandise,  seized  by  him  as  tax  collector,  or  to  recover 
the  value  or  price  of  the  same,  or  damages  ;  on  claims  against  a  county  that 
have  been  rejected  by  the  board  of  supervisors  ;  7th.  W  ithin  four  years,  for 
relief  not  heretofore  provided  for  ;  8th.  Within  three  years  against  directors- 
or  stockholders  of  a  corporation,  to  recover  a  penalty  or  forfeitiire  imposed, 
or  to  enforce  a  liability  created  by  law.  No  acknowledgment  or  promise  is 
sufficient  to  take  a  case  out  of  the  operation  of  the  statute  of  limitations, 
unless  the  same  is  in  writing,  signed  by  the  party  to  be  charged. 

Whene  a  cause  of  action  has  arisen  in  another  state,  and  would  be  barred 
by  the  statute  of  limitations  of  that  state,  an  action  cannot  be  maintained 
here. 

Limited  Partnerships.— Tiimi ted  paitncrships  are  allowed  in  this  state. 
ICul.  8. J 


CALIFORNIA.  81 

Married  Women — Contracts  of. — A  married  woman  can  contract  in  this 
state,  in  rel'ereiice  to,  or  so  as  to  bind  her  separate  property,  as  il"  she  were  a 
femme  sole.  The  separate  property  of  neither  husl)and  nor  wife  is  subject 
to  the  debts  of  the  other.  Tlie  common  proi)erty  is  at  tlie  absolute  disposi- 
tion of  the  husband  duriuy  his  life,  but  ho  cannot  devise  nore  than  cme-halt 
of  it. 

Mechanics"  Liens. — {See  Liens.) 

Minors. — A  female  is  a  minor  until  she  is  eighteen  years  of  age,  iin<l  a 
male  until  twenty-one  years  of  age.  All  contracts  of  minors  are  void,  except 
for  necessaries  of  life. 

Mortgages  of  Real  Estate. — This  is  the  almost  universal  method  of  se- 
curini,^  loans  in  this  state.  Mortgages  must  be  acknowledged  and  recorded  ; 
and  all  debts  secured  by  mortgage  must  be  foreclosed  in  the  manner  pro- 
vided by  the  code  of  civil  procedure. 

Notes  and  Bills  of  Exchange. — {See  Bills  of  Exclmmje  and  PromiHHory 

Notes.)  * 

Redemption. — All  real  estate  sold  under  forchjsure  of  mortgage,  or  under 
judgment,  may  be  redeemed  within  six  months  after  the  sale,  by  payment  of 
the  purchase  money,  with  two  per  cent,  per  nionth  added  thereto. 

Replevin. — Replevin  is  secured  in  this  state  by  an  action  for  claim  and  de- 
livery of  personal  property. 

Seal. — Seals  are  not  required  in  this  state. 

Stay  of  Execution. — Execution  may  be  stayed  by  order  of  court. 

Suits. — Suit  is  commenced  in  this  state  by  filing  a  complaint  with  the  clerk 
of  the  court ;  a  summons  may  be  issued  thereon  at  any  time  within  a  year 
from  filing  complaint,  upon  order  of  plaintiffs  attorney.  The  summons, 
with  a  copy  of  the  complaint,  must  be  served  upon  the  defendant  in  person. 
If  served  in  the  same  county  in  which  suit  is  brought,  the  defendant  must 
demur  or  answer  within  ten  days  ;  if  served  elsewhere  in  this  state,  within 
thirty  days  ;  if  he  fail  to  answer  within  these  times,  default  and  judgment 
may  be  taken  against  him  immediately.  If  defendant  demurs  and  demurrer 
is  overruled,  lie  has  ten  days  further  to  answer  ;  if  within  that  time  he  does 
not  answer,  default  and  judgment  may  be  taken  against  him. 

Supplementary  Proceedings. — Proceedings  supplementary  to  execution 
are  allowed  in  this  state  by  examination  of  debtor,  and  any  other  persons 
familiar  with  the  facts  of  the  case. 

Taxes. — All  taxes  in  this  state  become  delinquent  on  third  Monday  of  De- 
cember, after  which  five  per  cent,  is  added  ;  and  all  real  estate  delinquent  for 
non-payment  of  taxes,  is  sold  to  the  person  who  will  take  the  least  quantity 
of  property,  and  pay  the  taxes,  and  must  bo  advertised  for  sale  in  the  city 
and  county  of  San  Francisco,  on  or  before  the  first  Monday  in  March,  and 
outside  of  the  city  and  county  of  San  Francisco,  on  or  before  the  first  Mon- 
day of  February  of  each  year,  and  the  time  of  sale  must  not  be  less  than 
twenty-one  nor  more  than  twenty-eight  days  from  the  first  publication. 
Property  may  be  redeemed  from  tax  sale  at  any  time  within  one  year  after 
the  tax  sale. 

Trust  Deeds. — Trust  deeds  are  allowed,  but  arc  not  common  in  this  state. 

;OaJ.?l 


82  CALIFORNIA, 

Wills. — Every  person  over  the  age  of  eighteen  years,  and  of  sound  mind, 
may,  by  List  will,  dispose  of  all  his  estate,  real  and  personal,  being  in  all 
cases  chargeable  with  his  debts.  An  olograph  will  must  be  entirely  written, 
dated  and  signed  by  the  hand  of  the  testator  himself.  It  is  subject  to  no 
other  form,  anil  may  be  made  in  or  out  of  this  state,  and  need  not  be  wit- 
nessed. All  other  wills,  except  •luincupative  wills,  must  be  in  writing,  and 
executed  and  attested  as  follows;  1st.  It  must  be  subscribed  at  the  end 
thereof,  by  the  testator  himself,  or  some  person  in  his  presence  and  by  his 
direction  must  subscribe  his  name  thereto  ;  3d.  The  subscription  must  be 
made  in  the  presence  of  the  attesting  witnesses,  or  be  acknowledged  by  the 
testator  to  them,  to  have  been  made  by  him  or  by  his  authority  ;  i5d.  The 
testator  must,  at  the  time  of  subscribing  or  acknowledging  the  same,  declare 
to  the  attesting  witnesses  that  the  instrument  is  his  will ;  4th.  There  must  be 
two  attesting  witnesses,  each  of  whom  must  sign  his  name  as  a  witness  at 
the  end  of  the  will,  at  the  testator's  request  and  in  his  presence. 

A  nuncupative  will  is  valid,  1st.  When  the  estate  bequeathed  does  not  ex- 
ceed in  value  the  sum  of  $1000  ;  2d.  Itmvist  be  proved  by  two  witnesses  who 
were  present  at  the  making  thereof,  one  of  whom  was  asked  by  the  testator 
at  the  time,  to  bear  witness  that  such  was  his  will,  or  to  that  effect ;  3d.  The 
decedent  niust.at  the  time  have  been  in  actual  military  service,  in  the  field, 
or  on  duty  on  shipboard  at  sea,  and  in  either  case  in  actual  contemplation, 
fear  or  peril  of  death;  or  the  decedent  must  have  been  at  the  time  in  expec- 
tation of  immediate  death  from  an  injury  received  the  same  day. 

No  proof  can  be  received  of  a  nuncupative  will,  unless  it  is  offered  within 
six  months  after  the  testamentaiy  words  are  spoken,  nor  unless  the  words  or 
the  substance  thereof,  were  reduced  to  writing  within  thirty  days  after  they 
were  spoken;  and  no  .probate  of  a  nuncupative  will  will  be  granted  for  four- 
teen davs  after  the  death  of  the  testator. 


CAJJFOIiNIA.  83 

Court  Calendar.— 

UNITKI)  STATES  CIllCflT  COURT. 

AxKociatr.  Justice  of  United  Stalex  Supreme  Court,  Stephen  J.  Field,  California; 
^'irruit  Judf/e,  Lorenzo  Sawj'er,  San  Francisco;  Clerk,  L.  S.  B.  Sawyer,  Sun  Francisco. 

Term-v.— At  San  Francisco  1st  Monday  February,  2d  Monday  July,  4th  Monday 
November. 

INITKI)  STATES  DISTItlCT  COURT. 

District  Judge,  Ogden  Ilotliniiii,  San  Kiancisco;  DiMriH  Atlorne.i/,  John  T.  Carey, 
San  Francisco;  Clerk,  Southard  llofliiuiii,  S;in  Francisco;  Marshal,  J.  C.  Franks,  San 
Francisco. 

Teniis—Hixn  Francisco  1st  Mimday  Keln'uaiy,  L'd  Monday  July,  4th  Monday 
November. 

Jurisdiction  of  both  Circuit  and  District  Courts  cinbrucos  all  the  counties  in 
the  State. 

State  is  now  divided  int<j  two  districts  and  circuits. 

STATE  SUPREME  COURT. 

Cliir/  Justice,  ^ih'ii  Searls,  San  Francisco;  Associole  Justices,  E.  W.  McKinstry, 
San  Francisco;  \'au  K.  rattcrson.  Stockton;  J.  11.  Sharpstein,  San  Francisco.  T.  ii. 
McFarland,  San  Francisco  ;  J.  D.  Thornton,  San  Francisco;  Jackson' Temple,  Santa 
Rosa;  Coniutissioners,  I.  S.  Belcher,  Y.  Robert  Hayne,  H.  S.  Foote;  Clerk,  J.  D. 
Spencer,  San  Francisco. 

Court  is  always  open  for  the  transaction  of  business.  It  holds  sessions  in  San 
Francisco  2d  Monday  .lanuary,  :;d  Monday  July ;  Los  Angeles  1st  Monday  April,  2d 
Monday  October;  Sacramento  1st  Monday  May,  2d  Monday  November. 

SUPERIOR  COURT. 

The  Superior  Court  for  each  county  is  held  at  the  county  seat,  and  is  always  open 
for  the  transaction  of  business,  legal  holidays  and  non-judicial  days  excepted. 
For  j}irisdiction  of  courts,  see  title  Courts,  under  Laws  of  Caj^ifoenia,  ante. 


84 


CALIFORNIA. 


ATTORNEY'S  IN  CALIFORNIA. 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  population. 
Figures  after  names,  when  admitted  to  the  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (J)  our  Compiler  of  Laws. 
A  dagger  (t)  former  recommendation  witlidrawn. 


Adin 

Alameda 

Alturas 

Anaheim 

Anderson 

Antioch 

Areata 

Auburn 
Bakersfield 

Benicia 

Bishop  Creek 

Blair 

Bodie 

Bridgeport 

Calico 

Gamptonville 

Cedarville 

Chico 

Coleville 

Colusa 

Compton 

Covello 

Crescent  City 

Dagjjett 

Davisvillc. 

Dixon 

Downieville 

DutcOi  Flat 

Etna  Mills 

Eureka 

Fairfield 
Ferndale 
Folsom  City 
Fort  Jones 
Fresno 
Gilroy 
Gonzales 
Grass  Valley 
Greenville 


COUNTY. 

Modoc 

Alameda 

Modoc 

Lon  Angeles 

Shasta 

Contra  Costa 

Humboldt 

Placer 

Kern 

Solano 

Inyo 

Shasta 

Mono 

Mono 

San  Bernardino 

Yuba 

Modoc 

Butte 

Mono 

Colusa 

Los  Angeles 

Mendocina 

Del  Norte 

San  Bernardino 

Tolo 

Solano 

Sierra 

Placer 

Siskiyou 

Humboldt 

Solano 

Humboldt 

Sacramento 

Siskiyou 

Fresno 

Santa  Clara 

Monterey 

Nevada 

Phiinas 


NAMES   OF    ATTORNEYS.     POPULA'N. 

D.  D.  Monroe.  500 

R.  B.  Tappan.  5,750 

Ewing  &  Clafliu  600 

R.  Melrose.  1,833 

[See  Redding.)  300 

Oliver  Wolcott.  820 
C  GEORGE  W.  HOPKINS,  '54 

.]    Attorney,  Notary  Public  703 
(          and  Claim  Agent. 

J.  E.  Prewett.  1,229 

C.  C.  Cowgill.  1,000 

L.  B.  &  L.  Mintzer.  1,794 

W.  P.  George.  275 

W.  D.  Biegle.  — 

R.  S.  Miner.  3,500 

O.  F.  Hakes.  300 

Frank  Almon.  500 

J.  R.  Young.  400 

(*See  Alturas.)  300 

F.  C.  Lusk.  3,500 
R.  G.  Watkins.  100 
Geo.  A.  Blanchard.  1,200 
A.  P.  Bentley.  500 
J.  K.  Chambers.  300 
.1.  E.  Murphy.  800 
C.  J.  Perkins.  175 
James  O'Neal.  600 
C.A.King.  '85  913 
Hundlay  &  Gale.  750 

G.  H.  Colby.  939 
J.  S.  Beard.  361 

S  Chamberlin,  (J.  D.  H.)  o  enn 

'(  McGowan,  (F.)  "^'^"^ 

George  A.  Lamont.  150 

P.  F.  Hart.  900 

W.  C.  Crosett.  2,000 

Geo.  W.  Russell.  40O 

Hon.  J.  B.  Campbell.  2,500 

P.  B.  Tully.  2,000 

Thos.  Peniyou.  250 

v.  W.  Kitts.  4,451 

I).  L.  Hauu.  650 


CALIFORNIA. 


85 


PLACE. 

,  COUNTY. 

KAMES   OF  ATTOKN^EYS.      POPULA'N. 

Grklley 

Butte 

B.  C.  Long. 

600 

Orovelancl 

Tuolumne 

Benjamin  Hunter. 

aoo 

lleaklsbiiro- 

Sonoma 

L.  A.  Norton. 

1,18:5 

Hollister 

San  IJenito 

N.  C.  Brigg.s. 

1,.500 

J  loniitos 

Mariposa 

AVm.  Adams. 

400 

Independence 

Inyo 

A.  R.  Conklin. 

300 

I  one 

Amador 

H.  A.  Carter. 

750 

Ii)\va  City 

Placer 

(See  Auburn.) 

600 

Jackson 

Amador 

A.  C.  Brown. 

1,140 

Kiiii;sl)ur^' 

Fresno 

E.  M.  Morgan. 

110 

Lakeport 

Lake 

B.  W.  Crump. 

600 

Las  Cnicas 

Santa  Barbara 

S.  B.  I.  Sturgeon. 

— 

Liiu'oln 

Placer 

P.  Singer. 

30r> 

Jjiverniore 

Alameda 

Ct.  W.  Langan. 

1,300 

Lodi 

San  .Toaciuiu 

AY.  C,  Green. 

700 

Lonipoc 

Santa  Barbara 

1 

AY.  W.  Broughton. 

r  BERLIN,  B.  R.    '79 
J\[()SS,  LEON  F.   '80 

500 

Los  Angeles 

Los  Angeles 

1 

AYILLIS,  F.  R.,  Special  "81 
attention  to  Probate  Prac- 
tice and  Real  Estate 
^                     Law. 

11,311 

Lower  Lake 

Lake 

D.  M.  Hanson. 

459 

.AFadera 

Fresno 

AY.  Barry. 

300 

Mariposa 

Mariposa 

Hon.  .Tohn  M.  Corcoran. 

400 

Markleville 

Alpine 

Hon.  M.  D.  Arnot. 

100 

Martineze 

Contra  Costa 

jVLills  &  AVallace. 

1,500 

Marysville 

Yuba 

.J.  H.  Craddoek. 

4.32] 

:\[ax^Yell 

Colusa 

C.  E.  Pond. 

300 

Merced 

Merced 

Farrar  &  Peck. 

l.i502 

.Millvillc 

Shasta 

AY.  D.  Beigle. 

300 

Modesta 

Stanislaus 

"Wright  &  Hazcn. 

2,000 

3[okeluiniie  Hill 

Calaveras 

AY.  R.  Boucher. 

515 

.Monterey 

]\Ionterey 

AYILL  A.  KEARNEY.  "80 

2,000 

Napa  City 

Napa 

E.  D.  Ham. 

3,731 

Nevada  City 

Nevada 

Gaylord  &  Searles. 

3,500 

North  San  .Juan 

Nevada 

•T.  A.  Stidger. 

675 

•Oakland 

Alameda 

AY.  R.  Davis. 

34,536 

Orland 

Colusa 

Thos.  Nicholls. 

292 

Oroville 

Butte 

Hundley  '47  &  Gale.  "73 

1,743 

Pasodena 

Los  Angeles 

N.  P.  Conrey. 

400 

IVtalunia 

Sonoma 

E.  S.  Lippitt. 

5,000 

Placerville 

Eldorado 

Hon.  Geo.  E.  AYiUiams. 

2,000 

i^leasanton 

Alameda 

J.  R.  Palmer. 

601) 

Pomona 

Los  Angeles 

J.  Clarke. 

300 

Punta  Arenas 

Mendocino 

L.  G.  Morse. 

500 

Quincy 

Plumas 

Htm.  G.  G.  Clough. 

500 

Ked  Bluff 

Tehama 

.T.  F.  Ellison. 

2,500 

lU'ddinj;- 

Shasta 

Frisbie  '70  &  Wiley.  '82 

700 

Hedwood  City 

San  Mateo 

Geo.  AV.  Ft)x. 

1,383 

Riverside 

San  Barnardio 

AY.  H.  Fessenden. 

1,500 

Sacramento  City 

Sacramento 

L.  C.  AYhite. 

21,420 

Salinas 

Monterey 

Hon.  .1.  K.  Alexander. 

2,600 

San  Andreas 

Calaveras 

REDDICK  &  SOLUNSKY 

600 

San  Bernardino 

San  Bernardino 

II.  C.  Rolf. 

1,673 

San  Buena  Ventura  Ventura 

Hall  c%  Ilamer. 

1,370 

San  Diego 

San  Diego 

jr.  A.  Luce. 

2,450 

86 


CALIFORNIA. 


San  Francisco.  Sak  Francisco. 

X  Berlin,  F.  A.,  420  Montgomery  St. 

See  Card  in  Appendix,  page  ii. 
HEALY,  'SG  BENJAMIN,  531  California  St 
(;OAD,  W.  F.,  006  Montgomery  St. 

Hart,  Wm.  H.  H.,  230  Montgomery  St. 
Si'e  Card  in  Appendix,  page  i. 

Matthews,  Wickliffe,  405  Kearney  St. 
Ste  Curd  in  Appendix,  page  ii. 

EEDDICK  &  SOLUNSKY. 

f  Harper,  W.  IL,  jMontgomery  Block. 

f  ScUf/mn?t,  M.,  511  Montgomery  St. 


PoruLATiON,  239,!)5(>. 


I'hACK. 

COUNTY. 

NAMES   OF  ATTOKNEYS.      : 

c  TvITTREDGE,  A.  S. 
;  Patton,  Joseph  R.  "81 
^,  Russell,  J.  H.   ■69 

porri.A  N. 

San  Jose 

Santa  Clara 

12.566 

San  .Tuan 

San  Benito 

J.  F.  McMahon. 

584 

San  Luis  Obispo 

San  Luis  Obispo 

D.  R.  McVenable. 

2,243 

San  Rafael 

Marin 

H.  Wilkins. 

2,276 

Santa  Ana 

Los  Angeles 

V.  Montgomery. 

711 

Santa  Barbara 

Santa  Barbara 

R.  B.  Canfield. 

5,000 

Santa  Cruz 

Santa  Cruz 

C.  B.  Younger. 

2.81)8 

Santa  l^aula 

Ventura 

Dr.  Guiberson. 

203 

Santa  Eosa 

Sonoma 

Henly  &  Oats. 

3,616 

Santa  Maria 

Santa  Barbara 

S.  E.  Crow. 

300 

Shasta 

Shasta 

C.  W.  Taylor. 

900 

Sierra  Valley 

Sierra 

H.  A.  Mason. 

500 

Sierra  City 

Sierra 

B.  Schlessenger. 

600 

Sierraville 

Sierra 

Geo.  Wood. 

360 

Snison  City 

Solano 

J.  McKenna. 

759 

Sonoma  City 

S  >noma 

J.  .J.  Henderson. 

910 

Sonora 

Taolumne 

Edwin  A.  Rogers. 

1,492 

Stockton 

San  Joaquin 

L.  W.  Elliott! 

10.827 

Susanville 

Lassen 

E.  V.  Spencer. 

()50 

Tom  ales 

Marin 

Wm.  Vanderbilt. 

300 

Truckee 

Nevada 

H.  A.  Mason. 

1,147 

Tulare 

Tulare 

E.  T.  Casper. 

(i75 

Ukiah 

Mendicino 

T.  L.  Carothers. 

1.300 

Vacaville 

Solano 

A.  J.  Dobbins. 

460 

Vallejo 

Solano 

F.  W.  Hall. 

5.989 

Visaiia 

Tulare 

T.  jVI.  McNAMARA.*  *74 

2,000 

Volcano 

Anador 

A.  Heath. 

500 

Walnut  Creek 

(Jontra  Costa 

R.  H.  Latimer. 

250 

Watsonville 

Santa  Cruz 

A.  S  Kittredge. 

1,799 

Weaverville 

Trinity 

C.  E.  Williams. 

8()3 

Willows 

Colusa 

B.  F.  Geis. 

900 

Wilniiiiiito.! 

Los  Angeles 

.1.  F.  C.  Johnson. 

910 

Woodland 

Yolo 

F.  E.  Baker. 

;{.516 

Yreka 

Siskiyou 

H.  B.  Gillis. 

1.0,59 

Yuba  City 

Sutter 

S.  Stabler. 

t50(k 

CALIFORNIA. 


•    87 


BANKS  IN  CALIFORNIA. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  of  ore 
bank  in  each  county  of  this  state  in  wliicli  sucli  a  banking  institution  is  located. 


Alameda 

BakerstioUl 

Ohifo 

Colusa 

Dixdii 

Euioku 

Fresno 

(iilroy 

i  I  ol  lister 

Lakeport 

Liverinore 

Los  Aiiyeles 

.AFartiiicz 

^rerced 

Modesto 

Napa  City 

Nevafla  City 

Oakland 

Petalunia 

J^omona 

lied  Blutt" 

liiverside 

Sac'raiueiito 

Salinas  City 

San  Bernardino 

SanBuena  Ve'a 

San  Diego 

San  Francisco 

San  Jose 

San  Luis  Obispo 

Santa  Barbara 

Santa  Clara 

Santa  Cruz 

Santa  llosa 

Stockton 

Suisun 

Tomales 

Fkiah 

Vi.salia 

AVatsonvilie 

AV'^illows 

Woodland 

Yreka 


NAME   OF    IJANK. 

First  National  Bank 

Kern  Valley  Bank 

Bank  of  Butte  County 

( 'olusa  County  Bank 

Bank  of  Dixon 

Humboldt  Coitnty  Bank 

Farmers"  Bank 

Bank  of  Gilroy 

Bank  of  Ilollister 

Bank  of  Lake 

Bank  of  Livermore 

Los  Angeles  National  Bank 

Bank  of  ^lartinez 

>[erced  Bank 

^lode.sto  Bank 

Bank  of  Napa 

Citizens'  Bank 

First  National  Bank 

Bank  of  Sononio  County 

First  National  Bank 

Bank  of  Tehama  County 

First  National  Bank 

Xat  Bk  of  I).  O.  Mills  .t  Co 

Salinas  City  Bank 

First  National  Bank 

Bank  of  Ventura 

First  National  Bank 

Bank  of  California 

First  National  Bank 

Bank  of  San  Luis  Obispo 

First  National  Bank 

B"k  of  Santa  Clara  County 

B'k  of  Santa  Cruz  County 

Santa  Rosa  Bank 

First  National  Bank 

Bank  of  Suisun 

Bank  of  Tomales 

Bank  of  Ukiali 

Bank  of  Visalia 

Bank  of  Watsonville 

Bank  of  AVillows 

Bank  oi  "Woodlaml 

Siskiyou  County  Bank 


CASHIER. 

J.  E.  Baker. 
H.  A.  Blodget. 
(-harles  Faulkner. 
^V.  P.  Harrington. 
J.  11.  Rice. 
W.  :\r.  Huntoou. 
W.  W.  Philips. 
Geo.  E.  Hersey. 
T.  W.  Hawkins, 
^.[arshall  Arnold. 
H.  Pitcher. 
G.  H.  Stewart. 
H.  :N[.  Hale. 
Frank  Howell. 
.1.  E.  Wanl. 
C'.  R.  Gritman. 
.John  T.  Morgan. 
A.  D.  Thompson. 
J.  S.  Van  Doren. 
Stoddard  Jess. 
W.  B.  C!ahoon. 
A.  H.  Waftzger. 
Frank  ^[iller. 
W .  S.  Johnson. 
\V.  N.  Crandall. 
Henry  Clay. 
]{.  A."^  Th(nnas. 
Thomas  Brown. 
L.  G.  Nesmith. 
W.  E.  Stewart. 
A.  L.  Lincoln. 
C.  C.  Hayward. 

E.  J.  Cox. 

L.  W.  Burris. 
P.  P..  Eraser. 
William  Wolf. 
Thos.  J.  Abies. 
Samuel  Wheeler. 
C  J.  Giddings. 
H.  S.  Fletcher. 
Wm.  C.  Murdock. 
C.  F.  Tliomas. 

F.  E.  AVadsworth. 


PAID  XP 
CAPITAL. 

$100,000 

53,000 
2.30,000 
.>00,000 
223,100 
200,000 
100,000 

68,000 
2.'50,000 

43,740 
100,000 
300,000 
100.000 

42,22.5 
173.000 
180.300 

30.000 
100,000 
300,000 

.30,000 
300,000 

.30,000 
400,000 
300,  ()(»(> 
100.  OOO 

90,00(> 

100,00(» 

$3,000,000 

.300,000 

100,000 

.30,000 
13.3,000 

80,000 
300,000 
200,000 
100,000 
100,0()(> 
230,000 
200,000 
20O,0flO 
200,000 
;500,  ()()(► 

60,00(k 


STATE  OF 

COLORADO. 

SUMMARY   OF 

COLLKCTION     LaW3. 

Court  Calexdak,  Instructions  for  taking  Depositions,  Legal  Forms,  Etc. 

Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "  Showers' 

Legal  Directory  and  Merchants'  Guide."  for  1888,  by 

Ufford,  Reddin  &  Van  Buken  of  the  Denver  Bar. 

Acknowledgments. — Deeds,  bonds  and  agreements,  in  writing,  conveying 
lands,  or  any  interest  therein,  or  aiiecting  title  tliereto  wlien  executed  in  this 
state,  may  be  taken  before  any  jvidge  of  tlie  supreme,  district  or  county 
courts,  or  any  clerk  of  either  of  said  supreme  or  district  courts,  or  the 
dei^uty  of  any  such  clerk,  such  county  judge  and  such  clerks  certifying  the 
same  under  the  seal  of  such  court,  respectively  ;  before  the  clerk  and  recor- 
der of  any  county,  or  his  deputy,  he  or  his  deputy  certifying  the  same  under 
the  seal  of  his  county ;  before  any  notary  jjublic,  he  certifying  the  same 
under  his  notarial  seal ;  or  before  any  justice  of  tlie  peace "witliin  his  county, 
provided,  that  if  tha  lands  conyeyed  or  involved  do  not  lie  in  the  county  of 
such  justice  of  the  peace,  then  there  must  be  affixed  to  his  certificate  of  ac- 
knowledgment the  certificate  of  a  county  clerk  of  such  county,  under  his 
hand  and  the  seal  of  such  county,  to  the  official  capacity  of  such  justice  of 
the  pyace,  and  that  the  signature  of  such  justice  of  the  peace  to  the  certifi- 
cate of  acknowledgment  is  the  true  signature  of  such  justice. 

When  executed  outside  of  this  state,  and  within  the  United  States,  or  the 
territories  thereof,  before  the  secretary  of  any  such  state  or  territory,  certi- 
fied by  him  under  the  seal  of  such  state  or  territory  ;  before  the  clerk  of  any 
court  of  record  of  such  state  or  territory,  or  of  the  United  States,  within 
such  state  or  territory,  having  a  seal,  such  clerk  certifying  the  same  under 
the  seal  of  such  court ;  before  a  notary  public  of  such  state  or  territory,  he 
certifying  the  same  under  his  notarial  seal ;  before  any  other  officer  author- 
ized by  the  laws  of  such  foreign  state  or  territory  to  take  and  certify  such 
acknowledgments  ;  provided,  there  shall  be  affixed  to  the  certificate  of  such 
officer  a  certificate  by  tlie  clerk  of  some  court  of  record  of  the  county,  city, 
or  district  wherein  such  officer  resides,  under  the  seal  of  such  court,  that 
the  person  certifying  such  acknowledgment  is  the  officer  he  assumes  to  be, 
that  he  has  authority  by  the  laws  of  such  state  or  territory  to  take  and  cer- 
tify such  acknowledgment,  and  that  the  signature  of  such  officer  to  the  cer- 
tificate of  acknowledgment  Is  the  true  signature  of  such  officer ;  or  before 
any  commissioner  of  deeds  for  sucli  foreign  state  or  territory,  aj^pointed 
under  the  laws  of  this  state,  certified  under  the  hand  and  official  seal  of  such 
commissioner. 

When  executed  out  of  the  United  States,  before  any  court  of  record  hav- 
ing a  seal,  the  judge  or  .'justice  of  such  court  certifying  the  acknowledgment 
to  have  been  made  before  such  court,  under  the  seal  of  such  court ;  before 

[Col.  1.1 


COLORADO.  89 

the  mayor  or  other  chief  officer  of  any  city  or  town  havinjj;-  a  seal,  certified 
viiuler  such  seal  by  such  mayor  or  other  officer,  or  before  any  consul  of  the 
Unitt'cl  States  within  such  foreign  country,  certified  by  him  under  the  seal  of 
his  consulate.  If  taken  before  the  clerk  of  a  court  of  record  the  certificate 
should  show  it. 


Form  of  Acknowledfjment. 


Statr  of  Colorado,  } 
County  of .        ii  *  " 


appeared  before  me  this day  of .  Iss — ,  in  person, 

and  acknowledged  the  foregoing  instrument  to  be  his  act  and  deed  for  the 
u.ses  si)ecified  therein. 

AV^itness  my  baud  and  official  seal. 

[sKAL.]  {Sifj nature  (nul  titU'.) 

Actions. — There  is  but  one  form  of  civil  action  in  this  state.  Civil  actions 
in  courts  of  record  are  commenced  by  service  of  a  summons,  stating  the  re- 
lief demanded,  or  by  filing  the  complaint.  Non-residents  must  give  security 
for  costs  at  the  time  of  commencing  action. 

Administration  of  Estates  of  Deceased  Persons. —  Of  Decedents  Estettes. 
— (*SV(;  ir(7?*-.)^Administrat;ou  granted  :  1.  Husband  or  widow  ;  3.  Next 
of  kin  ;  B.  Creditor;  4.  Any  other  person  hi  case  none  of  the  foregoing  ap- 
ply. Administrator  must  take  oath  in  court  and  give  bond  in  doulde  the 
value  of  the  estate.  Administrators  to  collect  may  be  appointed  during  any 
contest  over  the  probate  of  a  will.  A  public  administrator  is  annually  ap- 
pointed by  the  governor  for  each  county,  to  whom  administration  may  be 
intrusted  in  case  there  is  no  relative  or  creditor  of  intestate  in  this  state. 
Executors  and  administrators  may  be  removed  for  cause  or  required  to  fur- 
nish new  bonds.  Demands  against  estates  shall  be  paid  in  the  following  order 
of  priority:  1st.  Funeral  and  other  expenses  attending  last  sickness.  2d. 
Probate  expenses  and  ijhysicians  bill.  3d.  Moneys  owing  by  testator  or 
intestate  as  executor  or  administrator.  4th.  All  otherdebtsexhibited  within 
one  year.  If  no  objection  is  made  to  claim  party  is  permitted  to  prove  by 
his  oath  that  it  is  just  and  unpaid,  after  allowing  all  just  credits.  If  objec- 
tion is  made  it  shall  be  proved  in  other  cases,  but  in  such  case  the  party 
making  the  claim  shall  not  be  permitted  to  prove  the  sum  by  his  or  her  oath. 
An  entry  of  record  is  made  of  every  demand  allowed  Avhicli  has  the  force  of 
a  jiidgment.  After  payment  of  debts  and  legacies  the  surjjlus  is  divided 
.among  the  next  of  kin,  according  to  law. — (See  Descent  and  Distributioit.) 

AflB.davits. — The  following  officers  are  authorized  to  administer  oaths  and 
affirmations,  and  to  take  affidavits  and  depositions,  to  wit  :  the  judges  and 
clerks  of  courts  of  record  within  their  counties  or  districts,  and  justices  of 
the  peace  and  notaries  public  within  their  respective  counties.  Those  who 
desire  may  affirm,  s.ibject,  however  to  the  pains  and  penalties  of  perjury. 
An  affidavit  taken  in  another  state  or  territory  of  the  United  States  to  be 
used  in  this  state,  shall  be  taken  before  a  commissioner  appointed  by  the 
governor  of  this  state  to  take  affidavits  and  dei)ositions  in  such  other  state  or 
territoiy,  or  before  a  notary  public  or  judge  of  a  court  of  record  having  a 
seal.  When  taken  in  a  foreign  country  it  must  be  taken  before  an  ambassa- 
dor, minister,  or  consul  of  the  United  States,  or  before  any  judge  of  a  court 
of  record  having  a  seal,  in  such  foreign  country.  When  an  affidavit  is  taken 
befoi'e  a  jiulge  of  a  court  in  another  state,  or  in  a  foreign  country,  the  gen- 
uineness of  the  signature  of  the  judge,  the  existence  of  the  court,  and  the 
fact  that  such  a  judge  is  a  member  thereof,  shall  be  ceitified  by  the  clerk  of 
the  court,  under  the  seal  thereof. 

Aliens. — By  act  of  April  3d,  1887,  non-resident  aliens  are  prohibited  from 
acquiring  by  purchase,  agricultural,  arid  or  ranye  lands,  or  any  interest,  use 
[Col.  27]  °  o  >  .> 


90  COLORADO. 

or  benefit  therein.  Lands  acquired  in  violation  of  the  intent  of  act,  shall  be 
forfeited  to  the  people  of  the  state,  upon  suit  instituted  by  attorney  general. 
Interest  acquired  by  non-resident  alien,  by  devise  or  descent,  or  by  purchase 
at  foreclosure  or  judicial  sale,  may  be  held  for  the  pui'iiose  of  alienation,  for 
three  years,  and  if  not  in  the  meantime  sold,  shall  become  forfeited.  Act 
does  not  apply  to  foreign  corporations,  symlicates  or  individuals,  acquirinji-. 
ownintf,  holding  or  working  mines,  or  for  engaging  in  any  industry  other 
than  the  holding  of  agricultural,  arid  or  range  lands,  outside  of  incorporated 
tovi^ns  or  cities  ;  act  does  not  apply  where  the  assessed  value  o£  land  or  in- 
terest therein  is  less  than  $5000  ;  but  the  entire  land  held  in  the  state  by  any 
non-resident  alien  shall  be  taken  into  consideration 

Appeals. — Appeals  to  supremo  court  from  district,  county  and  superioi- 
courts,  allowed  where  judgment  is  final,  and  equals  or  exceeds  -slOO,  exclu- 
sive of  costs,  or  relate  to  a  franchise  or  freehold. 

Arrest. — There  shall  be  no  imprisonment  or  arrest  for  debt  upon  any  con- 
tract. If,  in  an  action  founded  upon  a  tort,  the  verdict  or  finding  shall  state 
that  a  defendant,  in  commiting  tlje  toit,  was  guilty  of  either  malice,  fraud, 
or  wilful  deceit.  An  execution  against  the  body  may  issue,  and  the  defendant 
may  be  imprisoned  for  a  term  not  exceeding  one  year,  provided  an  imme- 
diate release  must  be  made  upon  the  payment  of  the  judgment.  If  there 
•has  been  a  conviction  in  a  criminal  i)rosecution,  for  the  same  wrong,  an  exe- 
cution against  the  body  cannot  issue  in  the  civil  action. 

Assignments. — Any  person  may  make  an  assignment  for  the  benefit  of 
his  creditors,  by  a  deed,  which,  when  filed  for  record  in  the  office  of  the 
county  clerk  and  recorder  of  the  county  where  the  assignor  resides,  (if  a  non- 
resident, then  in  county  where  he  has  his  principal  place  of  business)  in  this 
state,  vests  in  the  assignee  the  title  to  all  property,  in  trust,  for  the  benefit 
of  the  creditors. 

To  assignment  shall  be  annexed  an  inventory  of  all  property,  real  and  per- 
sonal, with  an  estimated  value,  with  a  list  of  all  creditors,  giving  names  and 
residence,  (if  known),  and  amounts  of  their  demands.  This  inventory  is  not 
conclusive  as  to  the  amount  of  tlie  estate.  An  omission  of  any  property 
shall  not  defeat  the  assignment.  To  be  valid,  an  assignment  must  be  Ibr  the 
benefit  of  all  creditors,  to  be  proportioned  according  to  their  respective 
claims.  When  for  the  benefit  of  all,  the  assent  of  creditors  is  to  be  pre- 
sumed. The  assignee  shall,  within  ten  days  after  the  assignment,  file  a  true 
and  full  inventory  and  valuation,  under  oath,  with  tlie  clerk  of  the  district 
court,  (or  superior  court  where  established, )  in  the  county  where  the  deed 
of  assignment  is  recorded,  and  shall  give  bonds  to  the  people  of  the  state  of 
Colorada,  for  the  use  of  the  creditors,  in  double  the  amount  of  the  valua- 
tion, to  be  approved  by  the  clerk  of  the  court,  for  the  performance  of  the 
trust.  If  any  real  property  or  interest  therein  shall  be  conveyed  in  the  as- 
siginnent,  the  assigneeshall  forthwith  filewitli  theclerk  and  recorder  of  each 
county,  wliere  the  real  estate  may  be  situated,  a  notice  of  the  assignment, 
giving  date,  and  when  and  where  recorded,  and  a  desciiption  of  proj^erty 
affected  in  that  county.     This  shall  be  a  constructive  notice  to  a  purchaser. 

The  assignee  shall  forthwith  give  notice  of  assignment,  by  publication  in 
a  newsx)aijer  in  tlie  county,  to  be  for  fmr  weeks,  lie  shall  thenmail  t<>  each 
creditor,  a  n(^tice  stating  the  estimated  value  of  all  tlie  i)roi)erty,  and  the  es- 
timate of  the  liabilities,  notifying  each  creditor  to  present  his  claim  within 
three  months  from  the  date  of  mailing  noti<'e,  under  oath.  Claims  filed 
within  the  first  three  months  have  a  priority,  unless  a  creditor  can  show  he 
never  received  a  notice.  The  assignee  shall,  by  atfidavit,  make  i)roof  of 
notice  by  mail,  within  ten  days  after  mailing,  giving  a  list  of  creditors  and 
post  offices  where  the  notices  were  .sent. 

The  publislier  shall  make,  by  affidavit,  proof  of  the  notice  by  publication, 
within  ten  days  after  the  last  iiublication.  No  fees  shall  be  allowed  for  such 
notices  unless  the  T>roofs  arc  made  within  the  said  ten  days. 

[Col.  3.] 


(."OLOIIADO.  M 

Three  months  fmm  the  first  iniblication  aiul  mailiiifijor  notice,  the  assignee 
shall  report  and  file  >vith  tlie  elerk  of  tlie  eoiirt,  a  true  and  lull  list,  under 
oath,  of  all  creditors  who  sliall  have  tiled  their  elaims,  the  amounts  claimed. 
and  the  value  of  any  st'cui-ity  hehl  by  any  creditor,  if  any.  lie  shall  tile  a 
statement  of  all  his  iirocc'e<lin<;s,  Any  jjcrson  interested,  may  aiijyear  before 
a  dividend  shall  be  made,  and  tile  with  the  clerk  an  exi'ejjtion  to  the  claim  of 
any  creditor.  The  clerk  shall  cause  a  notice  to  be  givi'n  to  the  creditors, 
who  shall  file  his  ri'ply  within  the  time  allowed,  to  answer  in  an  action  at 
law.  The  court  shall  give  a  hearing,  and  render  such  judgment  as  shall  be 
ju.st.  If  no  exception  shall  be  made  to  a  claim  filed,  (or,  if  favorably  adju- 
dicated,) the  court  shall  order  the  assignee  to  make  fairand  ecjual  dividends, 
as  soon  as  may  be,  to  rcmlera  full  a(;count  of  said  trust.  Compensation  may 
be  allowed,  following,  as  near  as  may  be,  ct)mi)eusation  allowed  to  executors 
for  like  services.  The  assignee  shall,  at  all  times  be  subject  to  the  order  and 
supervision  of  the  court.  If  the  assignee  fails  to  tile  an  inventory,  or  give 
bonds  within  ten  days  after  the  making  of  the  assignment,  or  shall  die  be- 
fore the  closing  of  his  ti'ust,  or  be  remuved,  the  court,  upon  the  application 
of  any  person  interested,  may  ajjpoint  an  assignee  to  execute  the  trust.  The 
court  may  remove  the  assignee  for  neglei't,  fraud,  misapplying  the  trust, 
waste,  ft)r  failui-e  to  obey  the  orders  of  the  court.  lie  may  be  removed  upon 
the  petition  of  the  majcnity  in  luunber  and  value  of  the  creditors,  unless  the 
court  shall  be  satisfied  it  would  not  be  to  the  best  interests  of  the  trust 
estate. 

The  assignee  shall  have  all  the  rights,  power  and  authority  of  the  assignor; 
may  by  deed,  as  assignee,  convey  any  and  all  the  estate,  subject  to  the 
ajiproval  of  the  court.  It  shall  be  the  duty  of  an  assignee  (appointed  by  the 
court)  to  compel  by  suit,  or  the  peremptory  order  of  the  court.,  the  deliveiy 
of  the  trust  estate,  and  the  property  orthe  value  thereof,  that  may  have  been 
wasted  or  misapjilicd  by  the  previous  assignee.  If  the  sureties  are  not  suiE- 
cient,  the  court  may  order  sufficient  sureties  to  be  given. 

The  assignee  shall  file  an  inventory  of  an  additional  property,  coming  into 
his  hands  after  the  first  inventory.  The  judge,  or  in  his  absence,  the  clerk, 
may  thereupon  i'e(juire  him  to  give  additicmal  security.  The  court  or  judge 
may,  n])on  the  application  of  the  assignee,  or  of  any  creditor,  compel  the  ap- 
pearance of  the  debtor,  or  any  other  witness,  to  answer,  under  oath,  such 
matters  as  may  then  and  there  be  inquired  of  him.  The  court  may  compel 
the  debtor  to  deliver  t(j  the  assignee  any  property  embraced  in  the  assign- 
ment. 

No  assignment  shall  be  in%alid  because  of  misappropriation  of  the  property 
by  the  debtoi'  prior  to  the  assignment.  The  assignee  may  recover  it,  if  mis- 
ajipropriated  in  fraud.  Debts  not  due  may  be  claimed.  If  not  bearing  in- 
terest, a  rebate  may  be  allowed.  Interest  shall  be  computed  to  the  date  of 
the  assignment.  The  majority  in  number  and  value  of  the  creditors  may,  in 
writing,  appoint  an  attorney  to  represent  the  estate,  lie  may  appear  lV)r 
the  assignee  in  all  suits  in  behalf  of  the  assignee,  in  securing,  preserving  or 
defending  the  estate  ;  but  for  the  creditors  in  all  suits  as  to  the  accounts  or 
conduct  of  the  assignee.     The  court  may  allow  him  a  just  compensation. 

At  any  time  after  an  assignment,  the  assignor,  creditors,  and  the  assignee 
may  agree  that  all  i>roceedings,  to  be  had  before  the  court,  may  be  waived. 
Upon  filing  the  agreement,  the  court  shall  cease  t(t  have  any  further  jurisdic- 
tion. The  creditors  and  the  assignee,  with  the  consent  of  the  assignor,  may 
make  such  disposition  of  the  estate  as  to  them  shall  six-m  propter. 

Before  the  assignee  shall  be  discharged,  he  shall  file  his  final  report,  show- 
ing that  be  has  fully  accounted  for  all  the  property  that  came  into  his  hands 
and  discharged  the  trust.  A  written  notice  shall  be  sent  to  the  creditors,  ten 
days  before  the  hearing,  stating  the  final  report,  to  be  on  file,  that  he  has  ap- 
])lied  for  his  discharge,  that  a  hearing  will  be  had  at  the  time  and  place  desig- 
nated in  the  notice.  When  the  trust  estate  is  fully  closed  the  court  may  order 
that  the  assignee  and  sureties  be  discharged. 
[Col.  4.1 


92  COLORADO. 

The  assignee  shall  close  the  trust  within  one  year  from  the  filing  of  the 
assignment,  unless  the  court  shall  extend  the  time.  An  assignment  shall  not 
Jbe  invalid  because  property  exempt  from  execution  is  exceiited. 

Valid  claims  of  servants,  laborers  and  employees,  for  wages  earned  within 
six  months  next  preceding  the  assignment,  not  to  exceed  fifty  dollars  to  any 
one  person,  and  all  assessed  taxes  under  the  laws  of  this  state  or  of  the 
United  States,  shall  be  preferred  and  paid  in  full,  before  payment  of  divi- 
dends to  other  creditors.  Any  creditor  may  maintain  an  action  on  the  bond 
of  the  assignee,  for  any  damages  sustained  by  reason  of  the  assignee. 

Attachments. — In  actions  on  contract,  express  or  implied,  the  plaintiff,  at 
the  time  of  issuing  the  summons,  or  at  any  time  afterwards  before  judg- 
ment, may  have  the  property  of  the  defendant,  not  exemi)t  from  execution, 
attached  as  security  for  any  judgment  that  may  be  rendered  in  such  action, 
upon  filing  with  the  clerk  of  the  court  the  affidavit  and  bond  herein  described, 
unless  the  defendant  shall  give  good  and  suflficient  security  to  secure  the  pay- 
ment of  such  judgment. 

The  bond  must  be  signed  by  sufficient  sureties,  to  be  approved  by  the 
clerk  of  the  court,  and  be  in  a  sum  not  less  than  double  the  amount  claimed 
by  plaintiff;  the  condition  of  the  bond  being  that  the  plaintiff  will  pay  all 
■costs  that  may  be  awarded  to  defendant  and  all  damages  he  may  sustain  by 
reason  of  the  attachment,  if  the  court  shall  finally  decide  the  plaintilf  not  to 
be  entitled  to  the  attachment. 

The  affidavit  shall  be  made  by  the  plaintiff,  his  agent  or  attorney,  or  some 
■credible  person  for  him,  and  shall  set  forth,  in  addition  to  the  fact  that  de- 
fendant is  indebted  to  plaintiff'  in  a  certain  sum,  stated,  as  near  as  may  be, 
upon  contract,  express  or  implied,  one  or  more  of  the  following  grounds  of 
attachment :  1st.  That  defendant  is  not  a  resident  of  this  state.  2d.  That 
defendant  is  a  foreign  corporation.  3d.  That  defendant  is  a  corporation, 
whose  chief  office  or  place  of  business  is  out  of  this  state.  4th.  That  the 
defendant  conceals  himself  or  stands  in  defiance  of  an  officer,  so  that  process 
of  law  cannot  be  served  upon  him,  or  that  the  defendant  has,  for  more  than 
four  months,  been  absent  from  the  state,  or  that  for  such  length  of  time  his 
w^hereabouts  have  been  unknown,  and  that  the  indebtedness  mentioned  in 
the  affidavit  has  been  dvie  dui-ing  all  the  said  period.  5th.  That  the  defen- 
dant is  about  to  remove  his  property,  or  effects,  or  a  material  part  thereof, 
out  of  this  state,  with  intent  to  defraud,  or  hinder  or  delay  his  creditors  or 
some  one  or  more  of  them.  6th.  That  the  defendant  has  fraudulently  con- 
veyed, or  transferred,  or  assigned  his  property  or  effects  so  as  to  hinder  or 
delay  his  creditors,  or  some  one  or  more  of  them.  7th.  That  the  defendant 
had  fraudulently  concealed  or  removed  or  disposed  of  his  property  or  effects, 
.so  as  to  hinder  or  delay  his  creditor,  or  some  one  or  more  of  them,  8th. 
That  the  defendant  is  about  to  fraudulently  convey  or  transfer,  or  assign  his 
property  or  effects,  so  as  to  hinder  or  delay  his  creditors,  or  some  one  or  more 
of  them.  9th.  Tl)ut  the  defendant  is  about  to  fraudulently  conceal  or  re- 
move, or  dispose  of  his  property  or  effects,  so  as  to  hinder  or  delay  his  credi- 
tors ;  or  that  .such  debtor  has  departed  or  about  to  depart  from  this  state, 
with  the  intention  of  having  his  effects  removed  from  this  state.  10th.  That 
tlie  defendant  has  failed  or  refused  to  pay  the  price  or  value  of  any  article  or 
thing  delivered  to  liim,  which  he  should  have  paid  for  upon  the  delivery 
thereof.  11th.  Tliat  the  defendant  has  failed  or  refused  to  pay  the  price  or 
value  of  any  work  or  labor  done  or  performed,  or  for  any  services  rendered 
by  the  phiiiititt",  at  the  instance  of  the  defendant,  and  which  should  have 
been  paiil  at  the  completion  of  such  woi'k,  or  when  such  sei-vices  were  fully 
rendered.  12th.  That  the  defendant  fraudulently  contracted  the  debt,  or 
fraudulently  incurred  the  liability  respecting  which  the  suit  is  brought,  or 
l>y  false  representations  or  false  pretenses,  or  by  any  fraudulent  conduct, 
]irocured  money  or  property  of  the  plaintiff.  13th.  That  the  action  is 
brought  upon  ovt-r  due  promissory  notes,  bills  of  exchange,  other  written 
instruments  for  the  direct  payment  of  money,  or  uiJou  book  accounts. 

[Col.  5.1 


COLORADO.  9S 

Garnishee  process  will  issue  in  aid  of  attaclinicnt  when  property  of  the 
debtor  is  louiul  in  tlie  possession  of  third  persons.  Writs  of  attaclnnentmay 
issue  upon  <U'bts  or  liabilities  not  yet  due,  if  the  affidavit  in  attachment 
states  any  of  the  <;rounds  aforesaid,  except  the  first,  second  and  third,  pro- 
vided that  any  judi^incnt  obtained  sJiall  be  with  a  rcbatement  of  the  interest 
from  the  time  such  Judgment  is  I'cntlercd  until  the  time  at  which  such  debt 
or  liability  would  have  become  due.  Where  it  appears  necessary  by  affida- 
vit filed,  the  writ  may  be  executed  on  Sunday. 

No  writ  of  attachment  shall  be  quashed  on  account  of  any  informality  or 
insufiiciency.  An  amendment  shall  be  allowed.  The  defendant,  within  ten 
days,  may  traverse  and  put  in  issue  the  matters  allefjed  in  the  affidavit.  It" 
the  plaintiff  shall  substantiate  any  cause  alleged,  the  attachment  shall  be 
sustained,  othenvise  dissolved,  and  if  the  debt  be  not  due,  the  action  shall  be 
dismissed.  The  sheriff  shall  make  a  full  inventory  of  the  property  at- 
tached. 

Banks  and  Bankers. — (See  Corporations.) 

Bills  of  Exchange  and  Promisory  Notes. — (See  Notes  and  Bills  Payable.) 

Chattel  Mortgages. — To  be  valid  as  to  third  parties,  chattel  mortgages- 
must  be  acknowledged  before  some  officer  authorized  to  take  acknowledg- 
ment of  deeds,  and  recorded  in  the  recorder's  office  of  the  county,  unless 
possession  of  the  chattels  be  given  to  the  mortgagee  and  the  goods  remain 
with  the  said  mortgagee.  By  providing  therefor  in  the  mortgage,  the  prop- 
erty may  remain  in  the  possession  of  the  mortgagor.  After  default  the 
mortgagee  must  nt)t  delay  in  taking  possession  of  the  pro])ertj%  or  his  lieu 
will  be  invalidated  as  to  third  parties.  Chattel  mortgages  must  be  recorded 
in  the  county  where  the  chattels  or  the  greater  part  thereof  are  situated. 
Any  mortgagor  who  shall  sell  such  mortgaged  chattels,  without  informing 
the  purchaser  of  the  mortgage  thereon,  may  be  compelled  to  pay  to  the  pur- 
chaser twice  the  value  of  such  property.  The  sale,  transfer,  or  incumbrance 
of  mortgage  chattels  by  the  mortgagor,  without  the  notice  to  the  mortgagee 
and  purchaser,  is  deemed  and  punished  as  larceny.  The  transfer,  conceal- 
ment, or  carrying  away  of  such  chattels  without  written  consent  of  mortga- 
gee is  a  misdemeanor  punishable  by  fine  or  imprisonment,  or  both.  Failure 
to  record  will  not  invalidate  the  lien  thereof,  if  the  purchaser  of  the  chattels 
have  actual  notice  of  the  mortgage  thereon.  Mortgage  valid  from  the  time 
of  recoi'ding  until  the  maturity  of  the  last  instalment  of  the  mortgage  in- 
debtedness, not  exceeding  two  years,  when  the  amount  secured  does  not  ex- 
ceed $2,  oOO ;  five  years  when  amount  secured  is  over  $2, 500  and  does  not  exceed 
$20,000  ;  ten  years  if  more  than  620.000.  If  mortgage  given  to  secure  a 
greater  sum  than  $2,500,  sworn  annual  statements  must  be  made  and  filed  by 
mortgagee,  setting  forth  that  the  mortgage  was  given  in  good  faith  to  secure 
payment  of  sum  mentioned,  and  the  amount  still  due  and  unpaid. 

Claims  against  Decedents'  Estates. — (See  Administration.) 

Conditional  Sales  of  Personal  Property. — Not  valid.  The  only  way  to 
acquire  a  lien  of  this  character  is  to  follow  strictly  the  provisions  of  the  chat- 
tel mortgage  act.     (See  Chattel  Mortgages.) 

Corporations. — Corporations  are  organized  under  a  general  law.  Three 
persons  (except  as  otherwise  provided)  may  organize  for  the  purpose  of  carry- 
ing on  any  lawful  business,  by  making,  signing,  and  acknowledging  a  certifi- 
cate, which  shall  be  filed  in  the  office  of  the  secretary  of  the  state,  and  with 
the  clerk  and  recorder  of  the  county  or  counties  in  which  the  principal  busi- 
ness shall  be  carried  on.  The  term  of  existence  shall  not  exceed  twenty 
years,  (except  as  otherwise  provided. )  save  and  except  to  make  perpetual  cor- 
porations insuring  the  lives  of  individuals. 
[Col.  *;.] 


M  COLORADO. 

Corporations  may  own,  possess  and  enjoy  so  much  real  and  personal  estate 
as  shall  be  necessary  for  the  transaction  of  their  business,  whether  acquired  ^ 
by  ijurchase,  j^rant,  devise,  gift  or  otherwise,  and  may  sell  and  dispose  of  the 
same.     Each  stockholder  shall  be  liable  for  the  debts  of  tlie  corporation,  to 
the  extent  of  the  amount  that  may  be  unpaid  upon  the  stock  held  by  him. 

The  directors  or  trustees  of  every  corporation,  except  railroad  and  tele- 
graph corporations,  shall  keep  a  stock  book,  showing  the  condition  and 
ownership  of  every  share  of  stock,  which  shall  be  open  for  the  inspection  of 
stockholders,  creditors,  and  tlieir  representatives.  Fictitious  increase  of 
stock  or  indebtedness  shall  be  void.  In  no  case  shall  the  capital  stock  be 
diminished,  to  the  prejudice  of  the  creditors  of  the  corporation.  No  divi- 
dend shall  be  declared  when  the  corporation  is  insolvent,  nor  when  the  pay- 
ment of  the  dividend  would  make  it  insolvent,  or  diminish  the  capital  stock. 
If  done,  the  directors  and  oificers  assenting  thereto  are  liable  for  the  debts  of 
the  corporation,  then  existing,  and  for  all  that  shall  thereafter  be  contracted 
Avhile  the  cajjital  remains  so  diminished.  Corporations  may  sue  and  be  sued 
as  natural  persons. 

Banks  may  be  organized  with  a  capital  of  not  less  than  thirty  thousand 
dollars  ;  fifty  per  cent,  must  be  paid  in  before  doing  lousiness,  and  the  bal- 
ance within  one  year.  Saving  banks  may  organize  with  a  cash  capital  of 
twenty-five  tlu)usand  dollars.  Trust,  deposit,  and  security  associations  may 
organize  with  a  capital  of  not  less  tlian  fifty  thousand  dollars  ;  thirty  thous- 
and dollars  of  whicli  must  be  paid  in  before  doing  business.  Shareholders  in 
banks,  saving  funds,  trust,  deposit,  and  security  associations,  shall  be  held 
individually  resjwnsible  for  debts,  contracts  and  engagements  of  said  asso- 
ciations in  double  the  amount  of  the  par  value  of  the  stock  owned  by  them 
respectively. 

A  mining  company,  for  the  purpose  ofpurchasing  mining  property,  may  issue 
full  paid  non-assessable  stock,  which  shall  be  unassessable  until  the  balance 
or  whole  amount  shall  be  assessed  to  the  jxir  value  and  fully  j^aid — then  the 
stock  shall  be  ecjually  and  rateably  liable  to  assessment.  Any  mining  com- 
pany may  issue  all  its  stock  assessable  or  non-assessable. 

Gas  companies  may  exist  for  thirty  years.  To  organize  a  railroad,  five 
persons  are  required.  It  may  exist  for  fifty  years,  but  this  may  be  renewed 
from  time  to  time. 

Foreign  Corporations. — Before  a  foreign  corjjoration  shall  be  authorized  to 
do  business  in  this  state,  it  must  file  a  certificate,  signed  by  the  president  and 
secretary,  dulyacknowledgedwiththesecretary  of  state,  andintheoltice  ofthe 
recorder  of  deeds,  in  the  county  in  which  the  business  is  carried  on,  designating 
the  principal  ])lace  of  business,  and  an  autln)rized  agent  upon  whom  process  may 
be  served.  They  cannot  encumber  their  property  in  this  state,  to  the  injury 
of  any  citizen  of  tliis  state  who  may  be  a  creditor.  Every  foreign  corporation 
shall  file  in  tiie  office  of  the  secretary  of  state,  a  copy  of  their  charter  of  in- 
corporation, or  in  case  snch  company  is  incorporated,  bi/  certificate,  under  any 
general  incorporation  law,  a  cojiy  of  svich  certificate,  and  of  such  general  in- 
corporation law  duly  certified  and  authenticated  by  the  proper  authority  of 
such  state,  kingdom  or  territory.  A  failure  to  comply  with  these  provisions 
shall  render  each  and  every  officer,  agent  and  stockliolder,  jointly  and  sever- 
ally personally  liable  on  any  and  all  contracts  of  such  corporation,  made 
within  this  state  during  the  default. 

Foreign  insurance  companies  must  appoint  the  siiperintendent  of  insur- 
ance, tlieir  attt)rney,  upon  whom  process  may  be  served.  They  must  file  a 
certified  copy  of  its  charter  or  articles  of  incorporation,  or  deed  of  settle- 
ment, together  with  the  last  annual  statement.  Annual  statements  shall  be 
filed  by  March  1st,  showing  tlie  condition  of  the  company  on  tiie  preceding 
31st  day  of  Diicember.  No  joint  stock  fire  or  life  insurance  comi)any  shall 
do  business  in  tliis  state,  witli  less  than  an  actual  casli  paid  up  capital  of  two 
hundred  thousand  dollars.  Joint  stock  insurance  companies,  for  other  pur- 
poses tlianfire  and  life  insurance,  must  have  an  actual  cash  paid  up  capital 
of  one  hundred  thousand  dollars. 

[Col.  7.] 


COLO  HA  DO.  95 


Costs. —  X(>ii-n.'siili'iil>  iim-t  j;ivf  .scciii'it y. 

Form  iif  liiiml fnr  Cost 

v-<.  > Court. 


I  do  hiTfby  enter  myself  security  for  costs  in  this  case,  and  ackno-wled<To 
myself  bound  to  i»ay  or  cause  to  bo  ])aid,  all  costs  which  may  accrue  in  this 
action,  eitlu'r  to  the  opposite  jiarty  or  to  any  of  the  otticers  of  this  court, 
pursuant  to  the  hiws  of  this  .state. 

Dated  tills day  of  ,  IS—.  (Signed), . 

Courts. — Tcrma  (tnd  Jiiri»(Ucfioiv  of. — The  supreme  court  has  appellate  ju- 
risdii'ti(»n  only,  except  it  shall  have  power  to  issue  writs  of  liabeas  corpus, 
mandamus,  quo  wairanto,  certiorari,  injunction,  and  other  original  and  re- 
jiiedial  writs,  with  authority  to  hear  and  deteimine  the  same.  The  appellate 
jurisdiction  is  over  all  judgments  and  decisions  of  all  other  courts  of  record, 
cxce])t  actions  lor  damages  conuneuccd  before  a  justice  of  the  peace  in  which 
the  judgment  was  for  less  than  tifty  dollars. 

The  district  Court  shall  have  original  juiisdiction  of  all  causes,  both  at  law 
and  in  eipiity,  and  ai)pellate  jurisdiction  in  certain  cases  iu  county  and  jus- 
1  ices'  courts.  They  shail  have  oi'iginal  jurisdiction  to  determine  all  contro- 
versies upon  relation  of  any  person,  on  behalf  of  the  people  concerninj^  the 
rights,  duties,  and  liabilities  of  railroad,  telegraph,  or  toll  road  comijauies  or 
corporations. 

County  courts  &\y.\.\\  have  oi'iginal  jurisdiction  in  all  matters  of  probate, 
settlement  of  estati'S  of  deceased  jutsous,  appointment  of  guardians,  con- 
servators and  iulministrators,  and  settlement  of  their  accounts.  The.y  have 
ooncurient  jurisdiction  with  tlie  district  courts  in  all  civil  actions  when  the 
debt,  damages  oi'  claim,  or  the  value  of  the  property  involveil  shall  not  ex- 
ceed two  thousand  dollars.  This  limit  does  not  apply  to  estate  of  deceased 
persons, 

Superior  courts,  in  cities  containing  twenty-five  thousand  inhabitants  and 
over,  have  original  and  concurrent  jurisdiction  within  the  limits  of  the  city 
for  which  created,  with  the  distri<'t  courts  of  the  state  in  all  civil  causes,  and 
such  appellate  jurisdiction  as  is  jirovided  in  such  cases  for  the  district  court. 

There  is  but  one  superior  court,  viz.  :  at  Denver. 

Criiidueil  courts  have  jurisdiction  in  all  criminal  cases  not  capital. 

Justices  of  the  peace — .Turisdiction  not  to  exceed  three  hundreil  dollars  in 
value.  Xo  jurisdiction  where  the  title  to  real  property  shall  l>e  called  in 
question.     Justices'  courts  are  continually  in  session. 

Court  Calendar.— 

UNITED  STATES  CIRCI'IT  COURT. 

AsxncUilr  Jiisticr. — SamiU'l  F.  Miller,  of  Iowa.  Oiri'uit  Juih/r,  r>.  J.  Brewer, 
Leavenworth,  Kansas,      ('/"rk,  William  A.  Willarrt,  Deliver. 

'Icrnhi.  At  Denver,  1st  Tupsda.vs  in  Ma.v  and  October.  At  Tueblo,  1st  Tuesday 
in  March.    At  Del  Xorte,  1st  Tuesday  in  September. 

UNITED  STATE-!  DISTRICT  COURT. 

DMrirl  Jiidf/e,  Moses  Ilallett,  Denver.  Dixtrirt  Atlorm-i/,  II.  AV.  Hobson,  Don. 
ver.     C/rrk,  William  A.  WlUard,  Denver.    MurxJuil,  'A.  T.  Hill,  Denver. 

Tfrmx.  At  Denver,  1st  Tuesdays  in  May  and  November.  At  Pueblo,  1st  Tues- 
day in  Mareli.    At  Del  Norte,  1st  Tuesday  in  Septemtier, 

STATE  COURTS, 

SriMiEMK  CouKT— Consists  of  three  .Tustlees;  also  three  Supreme  Com-t  Com- 
missioners. Meets  at  the  State  House,  Denver,  on  the  first  Tuesday  in  April  and 
December  eacii  year. 

[Col.  8.] 


96 


COLORADO. 


C'OUJSTY  COUKTS. 

One  Judge  in  each  county.  Six  terms  are  annually  held  in  each  of  the  follow- 
ing counties  at  the  times  named ;  Arapalioe,  Weld,  El  Paso,  Park,  Saguache,  Sum- 
mit, Rio  Grande,  Lal^e,  (UiafTee  and  Uncompahgre,  on  tlie  first  Monday  in  the 
montlis of  January,  Marcli,  May,  July,  Septemljer  and  November. 

Four  terms  in  tlie  following  counties:  Costella  on  the  2d  Monday  of  March, 
.Tune,  September  and  December;  Co)iejos  County  on  the  third  Monday  of  the  same 
months.  All  tlie  remaining  counties  except  Las  Animas,  on  tlie  first  Monday  of 
the  same  montlas.  l^as  Animas  County,  first  Monday  in  January,  April,  July  and 
October. 

SUPERIOR  COURT  AT  DENVER. 

One  .Judge.  Five  terms  of  court  each  year  commencing  on  the  second  Monday 
of  January,  March,  May,  September  and  November. 

CRIMINAL  COURT. 

One  Judge  in  eacli  of  the  counties  of  Arapahoe,  Lake  and  Pueblo,  four  terms 
per  year,  commencing  on  the  first  Monday  of  March,  June,  September  and 
December. 


DISTRICT  COURTS. 


County  Seat. 
.  Denver    .  .  . 


County. 
Arapahoe   . 


Archuleta  ....  Pagosa  Springs  . 

Bent Las  Animas  .   .   . 

Boulder Boulder 

Chaflfee Buena  Vista  .  .   . 

Clear  Creek  .  .  .  Geoj-getown  .  .  . 

Conejos Conejos 

Costilla San  Luis 

Custer Rosita 

Delta Delta 

Dolores Rico 

Douglas Castle  Rock  .  .   . 

Eagle Red  Cliff" 

Filbert Kiowa 

El  Paso Colorado  Springs, 

Fremont Canon  City    ,  .   . 

<iarfleld Glenwood  Sp'ngs, 

Giljjin Central  City  .   .  . 

Grand Grand  Lake  .  .  . 

Gunnison  ....  Gunnison  .... 
Hinsdale  ....  Lake  City  .  .  .  • 
Huerfano    ....  Walsenburg  .   .   . 

.lefferson    ....  Golden 

Lake Leadvillle  .... 

La  Plata Durango 

Larimer  .  .  .  Fort  Collins  .  .  . 
Ijas  Animas  .   .   .  Trinidad     .... 

Ijogaa Sterling 

Mesa     (irand  Junction 

Montrose    ....  Montrose    .... 

Ouray Ouray 

Park Fairplay     .... 

Pitkin Aspen 


Pueblo Puehlo  .... 

Rio  (irande   .  .   .  Del  Norte   .  . 

Routt Halm's  Peak 

Sagauche  ....  Sagauche  .  . 
SanJuiin  .  .  .  .  Silverton  .  . 
San  Miguel    .   .   .  Telluride     .   . 

Summit Bretrkenridge 

"Washington  .  .  Akron  .... 
Weld Greeley   .  .  . 


Dint.  When  Held. 

2  2d  Tues.  Jan.,  2d  Tues.  April  and  2d  Tues. 
Sept. 

6  Attached  to  La  Plata  County. 

3  1st  Mon.  in  Mar.  and  1st  Moil  in  Sept. 

8  1st  Mon.  in  Feb  ,  1st  :Mon.  Sejit. 

4  2d  Mon.   Jan.,  2d  Mon.   May,  and  2d  Mon. 
Sept. 

1  1st  Mon.  in  June  and  1st  Mon.  in  Dec. 

6  8d  Tues. in  June. 

6  2d  Tues.  in  March. 

3  1st  Tues.  in  June. 

7  2d  Mon.  in  Feb. 

6  Last  Tues.  in  Aug. 

4  1st  Mon.  in  Dec. 

5  1st  Mon.  June,  2d  Mon.  Nov. 

4  2d  Mon.  Dec. 
,    4  -Itli  Mon.  in  March  and  1st  Mon.  in  Nov. 

3  1st  Mon.  in  Aiiril  and  2d  Mon.  in  Oct. 

9  1st  Mon.  in  Oct. 

1  1st  Mon.  in  Jan.  and  1st  Mon.  in  July. 

9  2d  Mon.  ill  June. 

7  1st  Mon.  in  April  and  2d  Mon.  in  Aug. 

7  1st  Mon.  in  .July. 

6  2d  Tues.  in  Dec. 
1  1st  Mon.  in  April  and  1st  Mon.  in  Nov. 

5  1st  Mon.  in  Mar.,  2d  Mon.  in  July  and  1st 
Mon.  in  Dec. 

6  4th  Tues.  in  April  and  1st  Tues.  in  Oct. 

8  1st  Tues.  in  Mar.  and  ist  Tues.  in  Oct. 

3  2d  Mon.  in  Mar.  and  3d  Mon.  in  Sept. 

8  1st  Tues.  in  Dec.  and  1st  Tues  in  June. 

7  2d  Mon.  in  .Tan.  and  .Sd  Mon.  in  July. 
7  2d  Mon.  in  Mar.  and  4th  Mon.  in  Oct. 
7  1st  Mon.  in  May  and  1st  Mon.  in  Oct. 

4  Sd  Mon.  in  April  and  1st  Mon.  in  Oct. 

9  1st  Mon.  in  Jan.,  1st  Mon.  in  jNIay  and  2cl 
Mon   in  Nov. 

.S  4th  Mon.  in  April  and  Itli  Mon   in  Nov. 

6  2d  Tues.  in  April  and  4tli  Tues  in  Nov. 

9  2d  Mon.  in  Sept. 

6  4th  Tues.  in  Mar.  and  2d  Tues  in  Nov. 

6  3d  Tues.  in  May  and  1st  Tues.  in  Sept. 

7  1st  Mon.  in  June  and  2d  Mon.  in  Sept. 

5  .Sd  Mon.  in  .Tune  and  2d  Mon.  in  Oct. 

8  .Sd  Tues.  in  Dee.  and  .'?d  Tues.  In  June. 
8  1st  Tues.  in  April  and  2d  Tues.  in  Nov. 


Curtesy. — .\.l)olishcd. — {See  Descent  and  Dktyibation.) 


Deeds. — Witnos.ses  arc  not  re<iuire(l  to  the  execution  of  deeds.  A  seal  is 
not,  nccessai'y.  No  covenant,  express  or  implied,  in  any  deed  of  a  married 
woman  shall  bind  her  or  her  heirs.  Sneh  deeds  operate  simply  as  quit  claim 
deeds.     Private  corporations  anthorizod  l>y  law  to  convey  any  of  their  real 

[Col.  9.] 


COLORADO.  9T 

estate,  may  convey  the  same  by  deed  under  their  common  seal,  subscribed  by 
the  president  or  other  head  officer. 

A  conveyance  carries  with  it  the  right  to  immediate  possession,  unless  a 
future  daj'  lor  jRissession  is  sjjecitied.  A  deed  ]mr])ortin<^  to  convey  a  fee- 
simple,  shall  convey  all  after-accpxired  titles.  A  deed  is  constiiieted  to  con- 
vey a  fee  simple,  unless  <)ther\vise  limited.  Covenants  of  seisan,  j^eaceable 
l)ossessi(jn,  freedom  from  incumbrance  and  warranty  run  with  the  pi'emises^ 
No  riglit  of  action  ai;ainst  the  warrantor  exists  until  the  party  menacing  the 
possession  of  the  giantce  shall  have  begun  suit  to  obtain  possession  thereof^ 

Powers  of  attorney,  concerning  real  estate,  must  be  duly  acknowledged 
an<l  recorded  in  the  same  office  in  which  the  conveyance  is  required  to  be 
recorded. 

Form  of  Deed. 

Know  all  men  by  these  presents  : 

That  I, ,  for  the  consideration  of dollars?,  to  be  paid,  hereby 

sell    [convey  or  quit  claim]   to the  following  real  property,  situated 

in county,  state  of  Colorado,  to  wit :  (insert  description)  with  all  its 

appurtenances  [and  warrant  the  title  to  the  same  against  all  i^ersous  claim- 
ing under  me.] 

Signed  and  delivered  this day  of 188 — . 

(Signed) -. 

Depositions. — The  testimony  of  a  witness  out  of  this  state  may  be  takere 
by  dejjosition  in  an  action,  at  any  time  after  the  service  of  the  summons  or 
the  appearance  <.)f  the  defendant,  and  in  a  special  proceeding  at  any  time 
after  a  question  of  fact  has  arisen  therein.  The  deposition  shall  be  takeit 
upon  commission  issued  by  the  clerk  of  the  court  wherein  the  action  is.  pend- 
ing, under  the  seal  of  the  court,  on  the  application  of  either  pirty,  upon  giv- 
ing five  days'  notice  to  the  opposite  party,  w  hich  notice  shall  be  accompanied 
by  a  copy  of  the  interrogatories  to  be  attached  to  the  commission.  The  par- 
ties may  agree  upon  some  person  to  take  the  deposition;  but,  if  they  do  not 
agree,  it  shall  be  issued  to  any  judge  or  justice  of  the  peace,  selected  by  the- 
officer  granting  the  commission,  or  to  a  regular  commissioner  of  the  state  or 
to  a  notary  public.  The  adverse  party  may  file  and  have  attached  to  the 
commission  such  cross-interrogatories  as  he  may  desire.  The  interroga- 
tories, direct  and  cross,  as  the  respective  parties  may  prepare,  may  be  an- 
nexed to  the  commission,  or  when  the  parties  agree  by  written  stipulation, 
the  examination  may  be  without  written  interrogatories.  The  comniissioa 
shall  authorize  the  commissioner  to  administer  oath  to  witnesses  and  to  take 
their  deposition  upon  the  annexed  interrogatories,  or  if  without  written  in- 
terrogatories upon  the  question  in  disjiute  and  to  certify  the  deposition  tathe 
court  in  a  sealed  envelope,  directed  to  the  clerk  or  other  person  designated  or 
agreed  upon  and  foi'warded  to  him  by  mail  or  other  usual  channels  of  cou.- 
veyance. 

Form  of  Depositions. 

State  of  Colorado,  )      In  the  district  court  of  the judicial  district  of 

>  the  state  of  Colorado,  within  and  for  the  county  of 

County  of .       ) ,  aforesaid,  the term,  A.  D.  18 — . 

,  Plaintiff,       i 

vs.  > 
,  Defendant.   ) 


To  the  above  named ,  or ,  h —  attorney  : 

Take  notice.  That  on  the day  of A.  D.  IS — ,  the will  sue  out 

from  the  clerk's  office  of  the  said  court  a  dedimus  protestatum  or  commission 

pursuant  to  the  statute,  to  take  the  deposition —  of ,  residing  in  the 

of ,  in  the  county  of ,  in  the  state  of ,  to  be  read  in  evidence  on 

the  part  of  the ,  upon  the  trial  of  the  above  entitled  cause.     The  said 

[Col.  10.} 


98  COLOKADO.     ' 

dedimus  protestatum  or  commission  to  be  directed  to ,  Esquire, 'of  the 

of ,  ill  said  county  and  state.     The  interrogatories  to  be  propounded  to 

the  said in  this  behalf,  on  the  part  of  tlie ,  are  hereunto  subjoined  ; 

and  you  can  file  cross-interrogatories  and  join  in  such  commission,  if  you 
shall  see  fit  so  to  do. 

Dated  at ,  this day  of ,  18 — . 

,  Attorney  f 07' . 

State  of  Colouado,  i      In  the  district  court  of  the judicial  district  of 

>  the  State  of  Colorado,  within  and  for  the  county  of 

County  of .       ) ,  aforesaid, ,  the term,  A.  D.  18 — . 

,  Plaintiff.       ) 

vs.  > 
,  Defendant.   ) 

Interrogatories  to  be  propounded  to witness  to  be  produced,  sworn 

and  examined  in  this  behalf,  on  the  part  of  the ,  by  virtue  of  the  com- 
mission or  dedirmis  protestatum  to  be  issued  in  pursuance  of  the  foregoing 
notice. 

First  Interrogatory  :  What  is  yovir  name,  age,  occupation  and  place  of  re- 
sidence? 

Second  Intorrogatory  :  Do  you  know  the  jjarties,  plaintiff  and  defendant, 
in  this  cause,  or  either  of  them '.'  If  yea,  how  long  have  you  known  them, 
and  each  of  them,  respectively  '? 

Third  Interrogatory '? 

Answer  to  Interrogatory  First.  [Here  insert  the  answer,  ]  and  so  on  suc- 
cessively, in  the  order  in  which  the  interrogatories  may  be  propounded  and 
answered.  Then  follow  the  answers  to  cross-interrogatories.  '■'■  Ansicer 
to  Cross  Interrogatory  Firsf''  (if  any)  by  the  witness  on  the  part  of  the  defen- 
dant [or  ])laintitr,  as  the  case  may  be.] 

After  the  deposition  is  taken,  the  interrogatories  and  answers  should  be 
read  over  to  the  witness,  and  if  he  assents  to  the  truth  of  the  answers  as 
Avritten  down,  the  witness  will  then  sign  his  name  to  the  bottom  of  his  depo- 
sition, and  swear  to  the  truth  of  it  before  the  commissioner, 

CERTIFICATE. 

The  commissioner  should  then  certify  as  to  the  time,  place  and  manner  of 
taking  the  depositiou,  as  follows  : 

"I of  the  county  of and  state  [or  territory]  of a  commis- 
sioner duly  appointed  to  take  the  dei)Ositi()U  of  the  said a  witness  [or 

witnesses]  whose  name  is  subscribed  to  the  foregoing  deposition,  do  hereby 
certify  that  previous  to  the  commencement  of  the  examination  of  the  said 

as  a  witness  in  the  said  suit  between  the  said as  plaintiff,  and 

as  defendant,  he  was  duly  sworn  by  me,  [or  by one,  of  said  commis- 
sioners, if  more  than  one]  to  testify  the  truth  in  relation  to  the  matters  in 
controversy  between  the  said  parties,  so  far  as  he  should  be  interrogated  con- 
cerning tlie  same,  that  the  said  deposition  was  taken  by and  reduced  to 

writing  by [naming  the  person]  at  my  t)fTfice,  [or  at  the  liouse]  of 

In  the  city  [or  town]  of in  the  county  of •  state  [or  territory]  of ■ 

on  the day  of A.  D.  18 — ,  and  tliat  after  said  deposition  was  taken 

l)y  me  [or  us]  as  aforesaid,  the  interrogatories  and  answers  thereto,  as 
written  down,  were  read  over  to  the  said  witness  [or  witnesses],  and  that 
thereupon  the  same  was  signed  and  sworn  to  by  the  said  deponent [nam- 
ing him  or  them]  befoi'e  me  [or  us]  at  the  place  and  on  the  day  and  year  last 
aforesaid. 

Signed  ,  Commissioner. 

[The  foregoing  certificate  of  commissioner  shovild  be  at  the  foot  or  bottom 
of  the  deposition,  immediately  following  deposition  of  the  witness.] 

The  commissioner  should  then  attach  the  said  depositions  to  this  commis- 
sion or  interrogatories,   and  also  the  exhibit,   [if  any]  properly  marked  or 

[Col.  11.] 


COLORADO.  99 

lettered  as  "Exhibit  A,"  etc.,  and  enclose  the  whole  in  a  suitahle  wrapper 
or  envelope,  and  then  seal  up  the  same  securely  with  THREE  seals,  writing 
his  name  transversely  across  the  middle  seal  or  fold. 

The  commissioner  will  also  endorse  traversely  across  one  end  of  the  pack- 
age thus  sealed  up,  the  names  of  the  ])arties  to  this  ^uit,  and  address  by 
mail  to  the  proper  address  of  the  clerk,  issuing  the  commission  as  follows, 
to-wit : 

A.  B.,  Plaintiff,    )        lu  the  District  Court, 

vs.                S                   for  the 
C.  D.,  Defendant.  )   Co.  of 

Deposition  of  witnesses,  taken  on  the  part  of  the  plaintiff  (or  defendant.) 

To ,  Es(i.,  clerk  of  the  district  court,  county  of ,  Colorado. 

Neither  of  tlie  parties  to  the  suit,  or  their  attorneys  or  agents,  or  any  per- 
son at  all  interested  in  the  event  of  the  suit,  are  permitted  to  draw,  write  or 
dietate  any  part  of  the  deposition,  required  to  be  taken  as  aforesaid. 

It  is  important  to  the  validity  of  the  dejjosition  that  these  requirements 
and  instructions  should  be  strictly  attended  to. 

P.  B.  One  caption  will  answer  for  the  depositions  of  several  witnesses, 
where  they  are  all  taken  at  the  same  time  and  place,  to  be  read  as  evidence 
in  the  same  suit,  by  so  modifying  the  form  above  given  as  to  be  applicable  to 
the  number  of  witnesses  examined. 

Should  an  adjournment  be  necessary  before  the  depositions  are  all  com- 
pleted, the  commissioner  will  note  the  same. 

Care  should  be  taken  to  attach  such  depositions,  commission,  interroga- 
tories, answers  and  exhibits  FIRMLY  together,  by  means  of  tape  or  ribbon, 
and  using  wax  wafers  or  eyelets  when  necessary. 

Descent  and  Distribution  of  Property. — The  estate  of  an  intestate  shall 
descend  and  be  distributed  as  follows  :  If  the  intestate  leave  a  surviving 
husband  or  wile,  and  childn-n  or  decendauts  of  children,  one-half  shall  de- 
scend to  the  husband  or  wife  surviving,  and  the  residue  to  the-children  ;  if  a 
husband  or  wife  survive,  and  no  child  or  descendant  of  any  child,  then  the 
whole  shall  descend  to  the  surviving  husband  or  wife,  subject  to  the  pay- 
ment of  debts. 

Except  as  above  enumerated,  such  estate  descends  as  follows  :  1st.  To  the 
surviving  children  and  descendants  of  children  who  are  dead,  such  descen- 
dants, collectively,  taking  the  share  which  their  parent  would  have  taken  if 
living.  2(1.  If  there  be  no  children,  northcir  descendants,  then  to  the  father; 
if  there  be  no  father,  then  to  the  mother ;  if  there  be  no  mother,  then  to  the 
brothers  and  sisters,  and  to  the  descendants  of  brothers  and  sisters  who  are 
dead,  the  descendants,  collectively,  taking  the  share  of  their  immediate  an- 
cestors in  equal  parts.  3d.  If  no  children,  nor  descendants,  nor  father, 
mother,  brothers,  sisters,  nor  descendants  of  deceased  brothers  and  sisters, 
nor  husband,  nor  wife  living,  tlientothe  grandfather,  grandmother,  uncles, 
aunts  and  their  descendants,  the  descendants  taking,  collectively,  the  share 
of  their  immediate  ancestors  in  equal  parts.  4th.  If  none  of  the  above 
enumerated  relatives  be  living,  then  to  nearest  lineal  ancestors  and  their  de- 
scendants, the  descendants,  collectively,  taking  the  share  of  their  immediate 
ancestor  in  ecjual  parts. 

Posthumous  children  shall  inherit  in  like  manner  as  if  born  in  the  lifetime 
of  the  intestate  ;  children  and  descendants  of  children,  and  descendants  of 
children  of  the  half  blood,  shall  inherit  the  same  as  those  of  the  whole 
blood  ;  collateral  relatives  of  the  half  blood  shall  inherit  only  half  the  mea- 
sure of  collateral  relatives  of  tlie  whole  blood.  The  illegitimate  children 
shall  inherit  the  same  as  those  born  in  wedlock,  if  the  parents  subsequently 
intermariy  and  such  children  be  recognized  by  the  father  to  be  his.  Divorces 
of  husband  and  wife  do  not  affect  the  right  of  children  previously  begotten 
to  inherit  their  projjcrty. 

A  widow,  residing  in  this  state,  shall  be  allowed  one  bed  and  bedding, 
wearing  apparel  for  self  and  family,  t>ne  cow  and  calf,  saddle  and  briddle, 
[Col.  12.] 


100  COLORADO. 

one  horse,  household  furniture  for  herself  and  family,  and  also  the  samet 
a.inount  and  species  of  property  as  is  or  may  be  hy  law  exempt  from  execu- 
tion. Said  property  shall  bo  retained  by  the  widow,  and  in  no  case  shall  it 
be  subject  to  the  payment  of  the  debts  of  the  deceased. 

Divorce. — Obtained  for  following  causes  :  1.  Impotency.  2.  Another 
wife  or  husband  living.  3.  Adultery.  4.  Desertion  for  one  year.  5.  De- 
sertion and  departure  from  state  without  any  intention  of  returning.  6.  Hus- 
band's failure  to  support  family  f(^r  one  year.  7.  Habitual  drunkenness  for 
one  year.  8.  Extreme  cruelty.  9.  Conviction  for  felony.  Plaintift'  must 
be  a  resident  of  state  one  year  before  suit  commenced,  unless  offence  wa» 
committed  in  this  state. 

Dower. — (Abolished.) 

Evidence. — No  evidence  of  the  contents  of  a  writing,  other  than  the  writ- 
ing itself,  shall  be  given,  except  in  case  of  loss  or  destniction  of  the  original ; 
or  when  the  original  is  in  possession  of  the  adverse  party,  and  he  fails  to  pro- 
duce it  after  reasonable  notice  ;  or  when  it  is  in  possession  of  a  public  officer, 
or  has  been  recorded,  and  a  certified  copy  is  made  evidence  by  statute  ;  or 
when  the  original  consists  of  nu.merous  accounts.  Judicial  records  of  this 
state  or  United  States,  proved  by  production  of  original  or  certified  copy ;. 
of  other  states  and  territories,  by  attestation  of  clerk  and  seal  of  court,  and 
certificate  of  judge,  according  to  the  act  of  congress  ;  of  foreign  country  by 
like  certificates,  and  certificate  of  minister,  ambassador,  or  consel  of  United 
States,  to  the  effect  that  there  is  such  a  court,  specifying  the  nature  of  its  ju- 
risdiction, and  verifying  the  signatui-e  of  the  clerk  and  judge.  Printed 
copies  of  statutes  purporting  to  be  published  by  authority,  are  admitted  as 
presumptive  evidence  of  such  laws. 

Executions. — May  be  issued  immediately  upon  entering  judgment.  They 
must  be  issued  within  one  year.  May  be  issued  to  any  county.  When  issued 
from  a  court  of  record,  they  are  returnable  in  ninety  days  ;  when  from  a  jus- 
tices' court,  in  thirty  days.  An  execution  becomes  a  lien  on  chattels  upon 
the  delivery  into  the  hands  of  the  sheriff,  who  is  required  to  indorse  the  date 
of  the  receipt  of  the  same. 

The  plaintiff  may  elect  as  to  what  property  it  shall  be  levied  upon,  except 
the  land  upon  which  the  defendant  resides,  which  shall  be  last  taken  in  exe- 
cution. Sale  of  lands  under  execution  shall  be  advertised  for  twenty  days. 
Sale  of  chattels  shall  be  advertised  for  ten  days.  Execution  shall  be  stayed 
one  year,  if  a  defendant  die  between  the  time  of  entry  of  a  judgment,  and 
the  issuing  of  the  execution.  Upon  a  sale  of  land,  the  sheriff  gives  a  certifi- 
cate of  purchase  which  is  assignable.  The  defendant,  his  heirs,  executors  or 
grantees,  may  redeem  within  six  months  from  the  sale.  Judgment  creditors 
may  redeem  after  six  months,  and  before  nine  months.  If  no  redemption, 
then  the  sheriff  may  give  a  deed  to  purchaser. 

An  execution  may  issue  in  another  county  from  a  justices'  court,  provided 
it  shall  appear  that  an  execvition  has  been  returned,  and  personal  property 
has  not  been  found  sufficient  to  satisfy  the  debt,  and  it  is  alleged  that  the 
defendant  has  personal  property  in  another  county  ;  to  which  execution  there 
shall  be  a  county  clerk's  certificate  that  the  justice  is  a  justice  of  the  peace 
in  and  for  said  county. 

If  the  return  of  an  execution  to  a  justice  of  the  peace  shows  insufficient 
personal  property,  and  it  is  desired  to  have  the  same  levied  upon  real  pro- 
perty, the  justice  may  certify  to  the  clerk  of  the  district  court  a  transcript, 
which  shall  be  filed  and  recorded.  Execution  may  then  issue  from  the  dis- 
trict court  as  in  other  cases.  (Stay  of  Executions — An  execution  cannot 
issue  pending  an  appeal. 

Exemptions. — A  homestead  of  the  value  of  two  thousand  dollars,  while 
occui>ied  by  the  owner,  or  family  of  the  owner,  shall  be  exemjit  from  any 

[Col.  13.] 


COLORADO.  101 

■execution.  To  secure  this,  the  word  "homesteaiV  must  be  entered  in  the 
margin  of  the  record  ot"  tlie  title  to  the  property,  signed  by  the  owner  ami 
attested  by  tlie  county  clerk.  For  the  head  of  a  family,  there  shall  also  be 
the  following  exemptions  from  execution,  attachment  ordistress  :  1st.  Family 
pictures,  school  books  and  library  ;  2d.  A  seat  or  pew  in  any  house  or  place 
of  jmblic  worship  ;  3d.  The  sites  of  burial  of  the  dead  ;  4th.  All  wearing 
apparel  of  the  debtor  antl  family,  beds,  bedtling  used  for  thedeljtor  and  family, 
all  stoves,  appendages,  cooking  utensils,  and  all  houseliold  furniture,  not 
herein  enumerated,  of  the  value  of  one  hundred  <lollars  ;  5th.  Provisions  for 
fuel  for  six  months  ;  (3th.  Tools,  implements,  or  stock  in  trade  of  any  person 
kept  for  the  puri)ose  of  carrying  on  his  trade  or  business,  not  exceeding  two 
hundred  dollars  ;  7th.  Library  and  implements  of  professional  men,  of  the 
value  of  three  hundred  dollars;  8th.  Working  animals  of  the  value  of  two 
hundred  dollars  ;  Uth.  One  cov/  and  calf,  ten  sheep,  and  food  for  six  months  ; 
one  farm  wagon,  cart  or  dray,  one  i)low,  one  harrow,  and  other  farming  im- 
plements, not  exceeding  fifty  dollars  in  value. 

One  not  the  head  of  a  family  shall  be  allowed,  exempt  from  execution, 
tools,  implements,  working  animals,  books  and  stock  in  trade,  of  the  value 
of  three  hundred  dollars.  The  above  exemptions  are  not  to  be  construed  as 
making  any  property  exempt  from  the  levy  of  legally  assessed  taxes,  or  ex- 
empt on  attachment  or  sale  on  execution  for  the  purchase  money. 

The  head  of  a  family,  or  the  wife  of  the  head  of  a  family,  shall  be  entitled 
to  hold  exempt  from  any  levy  under  execution,  or  attachment,  or  garnish- 
ment, wages  earned  during  the  thirty  days  next  preceding  the  levy,  to  the 
amount  of  one  hundred  dollars  ;  provided  the  family  shall  be  wholly  or  iu 
jjart  dependent  upon  such  earnings  for  support. 

Executors.— (See  Wills.) 

False  Pretences. — Any  person,  who,  by  false  representations  in  writing, 
of  his  wealth.  resi)onsibility,  or  mercantile  correspondence  or  cormection, 
obtains  a  credit  thereby,  and  defrauds  any  person  of  money,  etc.,  or  who 
causes  others  to  report  falsely  his  wealth,  responsibility,  or  mercantile  char- 
acter, and  thus  obtains  goods,  etc.,  shall  be  deemed  a  swindle r,  and  on  con- 
viction shall  be  sentenced  to  return  the  property,  and  fined  not  exceeding 
$iOOO,  and  imprisoned  not  exceeding  six  months,  in  the  county  jail.  Any  per- 
son convicted  of  knowingly  and  designedly,  by  any  false  pretences  obtaining 
money,  goods,  etc.,  with  intent  to  cheat  and  defraud,  may  be  fined  $1000,  and 
imprisoned  one  year  in  penitentiary.     This  does  not  api^ly  to  sales  on  credit 

Frauds,  Statute  of. — Every  conveyance  of  land,  with  intent  to  defraud 
prior  or  subsequent  purchasers,  for  value,  is  void.  Contracts  for  sale  of  lands 
or  leases  for  more  than  one  year,  must  be  in  writing,  and  subscribed  by  the 
party  or  his  agent,  lawfully  authorized,  in  writing.  A  verbal  lease  for  one 
year,  to  take  etfect  in  the  future,  has  been  decided  to  be  valid.  All  transfers 
■of  real  or  personal  property  for  use  of  grantor  void  as  agaii'st  creditors.  Fol- 
lowing agreements  void,  unless  in  writing,  and  subscribed  by  the  party  to  be 
■charged  :  1st.  When,  by  its  terms,  it  is  not  to  be  performed  within  one  year 
from  making  thereof;  2d.  Promise  to  answer  for  the  debt  etc.  of  another  ; 
3d.  Agreements  upon  consideration  of  marriage,  except  mutual  promises  to 
marry  ;  4th.  Contracts  for  sale  of  chattels,  where  ])rice  equals  or  exceeds  $50, 
unless  part  payment  or  deliveiy  is  made.  Sales  of  chattels,  without  delivery 
and  change  of  possession,  conclusively  presumed  to  be  fraudulent  as  against 
■creditors  or  subsequent  purchasers,  in  good  faith.  Conveyances,  and  bonds, 
bills,  etc.,  executed  with  intent  to  defraud  creditors,  void.  Any  party  to  such 
fraudulent  transfer,  or  who  shall  conceal  or  secrete,  or  remove  goods  with 
like  intent,  shall,  on  conviction,  be  sentenced  to  the  penitentiary  for  not  ex- 
•ceediug  three  years. 

Gamislimeilt. — Whenever  an  execution  has  been  issued  against  a  defend- 
ant, and  the  otticer  shall  not  find  property  of  the  defendant,  sutlicieut  to  satisfy 
ICol.  14.1 


102  COLORADO. 

the  same,  the  officer  shall,  upon  the  reqiiest  of  the  plaintiff  or  his  attorney,, 
summon  such  person  or  persons  as  the  plaintiff  may  direct,  as  garnishees. 
Judgments  against  garnisliees  may  be  enforced  in  the  same  manner  as  other 
judgments  are.  A  judgment  against  the  garnishee  shall  acquit  him  from  all 
demands  by  the  defendant  for  all  goods,  effects,  and  credits  paid,  delivered, 
or  accounted  for  by  the  garnishee,  by  force  of  such  judgment.  (See 
Exemptions.) 

Grace, — (See  Notes  a?id  Bills  of  Exchange.) 

Homestead. — {See  Exemptions. ) 

Insolvent  Laws. — {See  Assignment.) 

Interest. — There  is  no  usury  law.  Any  rate  agreed  upon  maybe  enforced. 
"When  there  is  no  agreement,  the  rate  is  ten  per  centum  per  annum.  Interest- 
on  county  warrants  and  judgments  is  ten  per  cent.,  and  on  state  warrants 
eight  per  cent. 

Judgments. — When  a  judgment  is  docketed  and  a  transcript  filed  with  the 
recorder  of  the  county,  it  becomes  a  lien  upon  the  real  property  of  the  judg- 
ment debtor,  not  exempt  from  execution.  The  lien  continues  for  six  years 
from  the  date  of  entry  of  judgment,  unless  previously  satisfied.  A  transcriitt 
may  be  filed  in  any  other  county,  and  a  lien  created.  When  the  action  is 
against  two  or  more  defendants  jointly  indebted  on  a  contract,  and  the  sum- 
mons is  served  on  one  or  more,  but  not  on  all  of  them,  he  may  p'roceed 
against  defendant  sei'ved,  and  if  judgment  be  recovered,  it  may  be  entered 
against  all  the  defendants  thus  jointly  indebted  so  far  only  as  to  be  enforced 
against  the  joint  property  of  all,  and  the  separate  property  of  the  defendants 
served. 

A  judgment  by  confession  may  be  entered  without  action  either  for  money 
due  or  to  become  due,  or  to  secure  any  person  against  contingent  liabilities 
on  behalf  of  the  defendant,  or  both.  A  statement  in  writing  must  be  made 
and  signed  by  the  defendant,  and  verified  by  his  oath,  autiiorizing,  1st, — 
the  entiy  of  judgment  for  a  specified  sum.  If  for  money  due  or  to  become 
due,  it  must  state,  2d, — the  facts  oat  of  which  the  debt  arose,  and  show 
that  the  sum  confessed  is  justly  due  or  to  become  due.  3d, — if  the  con- 
fession is  for  the  purpose  of  securing  the  plaintiff,  it  must  .state  the  facts  con- 
stituting the  lial)ility,  and  show  that  the  sum  confessed  does  not  exceed  that, 
liability.  The  statement  shall  be  filed  with  the  clerk  of  the  court  in  which 
judgment  is  to  be  entered,  wlio  enters  the  judgment  in  the  judgment  bo(»k. 

•Judgment  by  default,  if  tl.ie  defendan't  fails  to  answer,  may  be  entered  by 
the  clerk,  in  actions  upon  C(nitract,  for  the  recovery  of  money  or  damages. 
In  oth.er  actions,  if  no  answer,  demurrer,  or  motion  has  been  tiled,  the  clerk 
may  enter  default,  and  the  plaintiff  api>ly  to  the  court  for  the  relief  deinaiuled. 
It  is  not  necessary  to  state  facts  conferring  jurisdiction,  in  pleadmg  a  judg- 
ment. 

Judgment  may  be  entered  in  term  time  or  vacation.  It  may  be  entered 
upon  the  report  of  a  referee.  Judgments  may  be  revived  upon  filing  a  peti- 
tion, in  the  action,  alleging  the  time  judgment  was  rendered,  that  it  remains 
unsatisfied,  stating  the  amount  it  is  claimed  that  the  judgment  should  re- 
vive for.  Thereupon  the  <^lerk  issiies  an  order  to  show  cause  why  the  judg- 
ment should  not  revive.  Issue  may  be  joined,  and  the  court  may  order  a 
revival.     Judgments  are  rendered  in  foi'eclosure  suits  for  balance  due. 

Landlord  and  Tenant. — Tenant  guilty  of  unlawful  detention  in  the  fol- 
lowing cases  :  When  he  liolds  over  after  the  expiration  of  his  term  ;  when 
beholds  over  after  default  in  payment  of  rent,  after  three  days' notice  in 
writing,  demanding  in  tiie  alternative  i)ayment  of  the  rent^or  possession  of 
the  premises  ;  when  he  holds  over  contrary  to  any  covenant  of  the  lease  and 
three  days'  notice  requiring  the  delivery  of  the  possession  of  the  premises  has. 

[Col.  15.1 


COLORADO.  lOS 

been  given  ;  when  the  prnpeity  was  sold  under  trust  deed  or  mortgage,  re- 
corded prior  to  execution  of  lease  ;  or  under  decree  of  court  and  term  of  re- 
demption has  expired  ;  in  such  case,  tenant  may  be  ousted  by  summary  pro- 
ceedings brought  in  a  justices'  or  other  competent  court.  Tenancy  from 
year  ti>  year,  terminated  by  written  notice  to  <iuit,  served  three  months 
before  the  end  of  the  year  ;  six  months'  tenancy,  one  month's  not  ice  ;  monthly 
tenancy,  ten  days'  notice  ;  tenancy  at  will,  three  days'  notice.  No  notice  nec- 
essary where  tenn  ends  by  contract  at  a  time  certain. 

Leases. — (See  Statute  of  Fravds,  Deed,  Landlord  and  Tenant.) 

License. — No  auctioneer,  peddler,  etc.,  can  sell  goods  at  public  or  private 
sale  without  having  first  obtained  a  license  from  the  board  of  county  com- 
missioners. All  retailers,  except  those  paying  an  annual-  tax  on  merchandise, 
are  required  to  have  a  license,  and  excejit  those  who  manufacture  or  raise 
themselves,  in  this  state,  the  connnodities  sold  by  them.  Persons  entering 
into  the  marriage  state  must  first  obtain  a  license  frtmi  the  county  clerk. 

Liens. — The  following  statutory  liens  are  allowed  on  personal  property, 
viz.  :  ranchmen,  farmers,  tavern  and  livery  stable  keepers  and  others  on 
horses,  cattle,  etc.,  for  pasturing  and  feeding  when  the  stock  is  entrusted  to 
their  care  for  such  purpose.  The  stock  may  be  retained  until  amount  due  is 
l)aid  ;  every  hotel,  tavern,  boarding  housekeeper  and  person  who  rents  fur- 
nisheil  rooms  shall  liave  a  lien  on  baggage  of  patrons,  boarders,  and  guests 
for  any  amount  due  for  board  or  rent.  Possessit)n  may  be  retained  until  the 
amount  be  paid  :  Common  carriers  and  warehousemen  have  a  lien  for  trans- 
l)ortati()n  and  storage  :  Mechanics  or  other  persons  bestowing  labor  on  per- 
sonal i)roperty  or  for  material  furnished  for  the  making  of  the  same  have  a 
lien  on  such  articles.  If  the  claim  is  not  paid  in  thirty  days  after  it  is  due, 
a  justice  of  the  peace  shall  appoint  appraisers,  and  then,  u^Jon  ten  days'  no- 
tice, the  goods  may  be  sold.  All  costs  and  the  claim  shall  first  be  paid — the 
residue  going  to  the  owner.  The  lien  is  no  bar  to  an  action  for  (Charges  or 
any  residue. 

(Lien  of  builders  anil  material  men.) 

A  lien  is  allowed  forwork  done  or  materials  furnished  by  contract,  express 
or  implied,  with  the  owner  of  any  land,  to  any  amount  for  any  work  upon 
any  structure  upon  the  land  or  for  any  work  upon  the  land.  This  applies  to  all 
persons  doing  work  or  furnishing  material  for  any  railroad,  tramway,  wagon 
road,  toll  road,  canal,  bridge,  wharl',  Avater  ditch,  flume,  aqueduct,  reservoir 
or  mi)U'.  Claimant  must  file  a  sworn  statement  of  the  claim  in  the  office  of 
the  county  clerk  and  recorder  of  the  county  where  the  land  is  located,  which 
shall  state — 1st.  Intention  to  hold  and  claim  a  lien.  2d.  A  description  of 
the  i)roi)erty  to  be  charged.  3d.  An  abstractof  the  indebtedness.  An  action 
to  enforce  tiie  lion  must  be  commenced  in  six  mouths  after  filing  the  state- 
ment, otherwise  the  lien  will  be  of  no  avail.  Liens  shall  rank  as  follows  : 
1st.  Sub-contractors  in  the  second  degree.  2d.  Sub-contractors  in  the  first 
degree.     3d.  The  original  contractors. 

Limitations. — xVctions  founded  upon  contract,  express  or  implied,  upon 
judgments  of  courts  not  of  record  :  for  rent ;  for  waste  and  trespass  on  land; 
for  taking,  detaining  or  injuring  goods  or  chattels,  must  be  begun  within  six 
years  after  the  cause  of  action  shall  accrue.  Actions  for  assault  and  bat- 
tery, for  false  imprisonment,  for  slander,  for  libel,  and  actions  against  sherifis 
and  coroners,  for  misfeasance  or  nonfeasance  (except  for  escapes)  within  one 
year  after  cause  of  action  accrued.  Action  against  sheriffs  or  other  officers 
for  the  escape  of  persons  imprisoned  on  civil  process,  shall  be  connnenced 
within  six  months  from  the  time  of  such  escape.  All  personal  actions,  on 
any  contract  not  limited  by  the  foregoing  sections,  or  by  any  other  law,  in 
this  state,  shall  be  brought  within  three  years  after  the  accruing  of  the  cause 
of  action. 
[Col.  Ifi.] 


104  COLORADO. 

On  an  account  current,  the  cause  of  action  accrues  at  time  of  the  last  item 
proved.  Bills  for  relief  on  the  ground  of  fraud  must  be  tiled  within  three 
years  after  discovering  the  fraud  ;  in  case  of  a  trust  not  cognizable  by  courts 
of  common  law,  within  tive  years  after  cause  shall  accrue. 

Persons  under  the  age  of  twenty-one  years,  married  women,  persons  insane, 
imprisoned,  or  absent  from  the  United  States,  may  bring  any  of  the  above 
actions,  within  the  times  respectively  limited,  after  the  disability  of  such  in- 
fancy, coverture,  imprisonment,  or  absence  is  removed. 

It  shall  be  lawful  for  any  person  against  whom  any  action  shall  be  com- 
menced, in  any  court  of  this  state,  where  the  cause  of  action  accrued  without 
the  state,  upon  a  contract  or  agreement,  express  or  imijlied,  or  vipon  any 
sealed  instrument  in  writing,  or  judgment  or  decree  of  any  court,  more  than 
six  years  before  the  commencement  of  the  action,  to  plead  the  same  and  give 
the  same  in  bar  of  the  plaintiff's  right  of  action. 

An  executor  or  administrator  may  commence  action  to  recover  demands 
•due  decedents  one  year  after  the  granting  of  letters,  testamentary  or  of  ad- 
sninistration,  if  the  decedent  died  before  the  expiration  of  the  limitation, 
although  barred  at  the  date  of  the  issuing  of  the  letters. 

In  case  of  abatement  of  an  action  begun  within  the  period  of  limitation,  a 
new  action  may  be  begun  in  one  year  thereafter.  The  new  promise  of  one 
co-obligor  will  not  render  the  others  lial)le  upon  such  promise.  The  effect  of 
payment  by  defendant  is  not  impaired,  but  no  indorsement  of  such  payment 
by  or  on  behalf  of  the  plahitift'  shall  be  deemed  sufficient  proof  of  such  pay- 
ment. Payment  by  one  co-obligor  will  not  take  the  case  out  of  the  statute  as 
to  the  others. 

Limited  Partnerships. — May  be  foi-med,  but  general  partners  only  may 
bind  the  firm,  a  certificate  must  be  signed,  acknowledged  and  filed  and  re- 
corded in  the  county  where  the  principal  business  is  to  be  carried  on,  stating 
the  name  of  the  firm,  nature  of  the  business,  names  of  general  and  special 
l)artners,  amount  of  capital  stock,  and  term  of  existence.  And  an  affidavit 
■of  the  special  partners  must  be  filed  at  the  same  time,  stating  actual  amount 
of  cash  or  property  contributed.  A  notice  setting  forth  the  terms  of  the 
liartnershi}),  amount  of  capital  of  special  partner,  etc.,  must  be  published  in 
a  news^iaper  of  the  county  for  fourweeks,  immediately  after  filing  certificate. 
Public  notice  of  dissolution  must  be  given  for  four  weeks.  A  married  woman 
may  become  a  special  partner,  and  make  contracts  with  her  husband  and 
testify  for  or  against  him  as  if  sole  in  res^iect  thereto. 

Married  Women. — A  married  woman  may  transact  business  the  same  as 
if  sole  ;  may  dispose  of  her  personal  and  real  estate,  or  make  any  contract 
in  relation  to  the  same  without  her  husband's  consent,  and  may  sue  and  be 
sued  as  if  sole,  and  may  convey  her  real  estate  without  her  husband  joining 
in  the  deed  with  her  ;  and  her  acknowledgment  to  such  deed  may  be  taken 
in  the  same  manner  as  her  husband's.  Executions  may  issue  against  her 
property  on  judgments  obtained  against  her.  Her  separate  property  accjuired 
by  her,  or  left  to  her  by  will  before  or  after  marriage  is  not  bound  for  her 
luisband's  debts.  She  can  make  contracts  in  her  own  name,  buy  goods',  give 
note.s  in  settlement  of  purchasers,  can  do  any  business  the  same  as  if  sole  and 
bind  her  own  sei)arate  property,  real  and  personal.  She  may  marry  at  the 
age  of  eighteen  without  the  consent  of  parents  or  guardian.  She  may  choose 
lier  own  guardian  at  the  age  of  fourteen  years  if  her  father  be  dead.  The 
minority  of  females  ceases  at  the  age  of  eighteen  years. 

A  married  woman  acting  under  the  coercion  of  her  husband  cannot  beheld 
criminally  liable  ;  the  husband  shall  be  prosecuted  as  principal.  If  a  mar- 
ried woman  be  named  as  executrix,  it  is  necessary  for  her  husband,  with  two 
sufficient  sureties,  to  give  a  bond  for  her  faithful  performance. 

Under  the  limited  i)artnership  act  a  married  woman  may  become  a  special 
partner  with  her  hu.sband  or  other  person  and  as  suclnnay  contract  as  a 
/emme  sole,  and  in  all  suits  arising  out  of  such  partnership  she  shall  be  a 

[Col.  17.] 


COLORADO.  105 

witness  for  or  against  her  liusband,  the  same  as  though  femme  sole.  A  mar- 
ried ■woman  cannot  l>cqneatli  away  from  her  husband  more  tlian  one-half  of 
lier  property,  real  and  personal,  without  his  consent  in  writing,  and  if  any 
married  man  shall  deprive  his  wife  of  over  one-half  of  his  property  by  will 
it  shall  be  optional  with  such  married  woman,  after  death  of  her  husband,  to 
accept  the  will  or  one-half  of  his  whole  estate,     (See  Deed.) 

Mechanics'  Liens.— (&<?  Liens.) 

Minors. — (See  Willg.) — ]May  begin  suit  by  their  next  friend,  who  shall  give 
bond  lor  costs. 

Mortgages. — There  is  no  statutory  provision  as  to  mortgages,  except  as  to 
the  manner  ol'  ibreclosure  and  redemption  from  sale  thereunder.  Trust  deeds 
are  used  more  than  mortgages.  Entry  of  satisfaction  or  receipt  on  mortgage 
or  record  thereof,  operates  as  a  release  and  reconveyance  of  title.  Trust 
deeds  are  released  by  a  release  deed.     (See  Redemption.) 

Form  of  Real  Estate  Mortgafje. 
Know  all  men  by  these  presents  : 

That  I, hereby  mortgage  to to  secure  the  payment  o^ dol- 
lars, due  as  follows  : the  following  described  real  property,  situated 

in county.  State  of  Colorado,  to-wit  :  (insert  description)  with  the  ap- 
purtenances [and  warrant  the  title  to  the  same]. 

Signed  and  delivered  this day  of 188 — . 

( Signature. ) . 

Notes  and  Bills  of  Exchange. — Promissory  notes,  bills,  and  other  instru- 
ments in  writing  may  be  made  for  the  payment  of  personal  projjerty  or 
money,  and  are  negotiable  by  endorsement.  The  assignee  must  use  due  dili- 
gence against  the  maker  before  he  can  make  the  assignor  liable,  except  where 
the  institution  of  a  suit  against  the  maker  would  be  unavailing,  or  where 
the  maker  has  absconded  or  left  the  state.  Mercantile  law  governs  bills  of 
exchange  ;  but  the  statutes  of  this  state  provide  that  upon  foreign  bills  of 
exchange,  and  bills  drawn  by  any  person  or  body  out  of  this  state,  but  within 
the  United  States  and  territories,  duly  protested,  there  may  be  collected  ten 
l)er  cent,  damages  besides  interest,  costs  and  charges  of  protest.  The  usual 
three  days'  grace  is  allowed  upon  promissory  notes,  bills  of  exchange,  etc., 
except  on  drafts  payable  at  sight  and  checks  for  funds  deposited  subject  to 
draft  at  sight.  If  a  note  is  assigned  after  maturity,  the  maker  is  allowed  the 
same  defense  against  the  assignee  as  against  the  payee,  and  in  case  of  assign- 
ment before  maturity,  the  maker  may  show  in  defence,  payments  to  payee 
1)efore  assigmnent,  of  which  assignee  had  notice.  Failure  in  whole  or  in 
part,  or  want  of  consideration,  or  fraud,  cannot  be  set  up  against  a  bona  fide 
assignee  before  maturity.  Persons  jointly  or  severally  liable  upon  the  same 
obligation,  including  the  parties  to  bills  of  exchange  and  "promissory  notes, 
and  sureties  on  the  same  or  separate  instrument  may  all.  or  any  of  them,  be 
included  in  the  same  action.  Actions  upon  notes  and  bills  are  to  be  brought 
in  the  county  where  the  same  are  made  payable.  For  all  purposes  whatsoever 
regarding  the  presenting  for  payment  or  acceptance  and  the  protesting,  and 
giving  notice  of  the  dishonor  of  bills  of  exchange,  bank  checks  and  promis- 
sory notes,  the  1st  of  January,  the  23d  of  February,  the  30th  of  May,  the 
4tli  of  July,  the  25th  of  December,  and  any  day  appointed  or  recommended 
by  the  governor  of  this  state  or  the  President  of  the  United  States  as  a  day 
of  fasting  and  prayer,  or  thanksgiving,  shall  be  treated  and  considered,  as  is 
the  first  day  of  the  week,  commonly  called  Sunday.  But  if  any  of  the  said 
holidays  shall  fall  upon  Sunday,  then  the  Monday  following  shall  be  con- 
sidered as  the  holiday,  and  all  notes,  bills,  etc.,  or  other  evidence  of  indebt- 
edness falling  due  or  maturing  on  either  of  said  days,  shall  be  deemed  as 
«due  or  having  matured  on  the  day  previous  to  the  first  of  said  days. 

Foreign  notes  and  bills  of  exchange  must  be  protested. 

Domestic  notes  and  bills  need  not  be  protested  to  hold  endorser  liable. 
[Col.  18.] 


106  COLORADO. 

Oaths  and  Afl3.d.avits. — Every  judge  or  clerk  of  any  court,  justice  of  the; 
peace,  notary  public,  county  clerk,  and  officer  authorized  to  take  testimony 
or  decide  upon  evidence,  may  administer  oaths.  Witnesses  shall  swear  virith 
the  hand  uplifted,  "by  the  everliving  God."  Witnesses  may  affirm  or  de- 
clare, if  they  so  desire. — (See  Affidavits.) 

Partnerships. — (See  Limited  Partnerships.') — Surviving  partner  must 
make  inventory  anil  render  an  accounting  to  the  county  court. 

Practice. — The  civil  practice  is  regulated  by  a  code  of  civil  procedure. 
The  criminal  practice  by  a  criminal  code,  incorporated  in  the  general  laws. 

Proof  of  Claims. — (See  Administration.) 

Recording. — All  deeds,  mortgages,  etc.,  must  be  recorded  in  the  county 
where  property  is  situated.  Transcript  of  judgment  must  be  filed  in  re- 
corder's office  in  order  to  be  a  lieu  on  property.  County  clerk  is  ex-officia 
recorder. 

Redemption. — Real  estate  sold  under  execution  may  be  redeemed  by  the 
defendant,  iiis  heirs,  executoi's,  administrators,  or  grantees,  at  any  time 
within  six  months  from  the  day  of  sale.  After  the  expiration  of  six  montlis, 
and  within  nine  mouths,  from  the  day  of  such  sale,  judgment  creditors  may 
redeem  such  real  estate.  The  same  time  is  given  for  the  redemption  of 
mortgaged  real  estate  sold  under  the  decree  of  court.  Lands  sold  by  a  trus- 
tee under  the  deed  of  trust  are  not  redeemable. 

Replevin. — Action  of,  may  be  commenced,  where  party  claims  property" 
or  possession  thereof,  on  filing  bond  and  affidavit.  .Justices'  courts  have 
jurisdiction  where  value  of  property  does  not  exceed  $300. 

Revivor. — ( See  Limitatlo  n . ) 

Stay  of  Execution. — (See  Execution.) 

Supplementary  Proceedings. — When  an  execution  against  property  of 
the  judgment  debtor  or  any  of  several  judgment  debtors  in  the  same  judg- 
ment issued  to  the  sheriff  of  the  county,  where  he  resides,  or  if  he  does  not 
reside  in  the  state,  to  the  sheriff  of  the  county  where  the  judgment  roll  is 
filed,  is  returned  unsatisfied  in  whole  or  in  part,  the  judgment  creditor,  at 
any  time  after  such  return  is  made  shall  be  entitled  to  an  order  from  the 
judge  of  the  court  or  the  county  judge,  re<iuiring  such  judgment  debtor  to 
appear  and  answer  concerning  his  property,  before  such  judge  or  referee, 
appointed  by  hin\  at  a  time  and  place  specified  in  the  order,  but  no  judgment 
debtor  shall  be  recpiiredto  attend  before  a  judge  or  referee  out  of  the  county 
in  which  he  resides.  After  issuing  an  execution  against  property  and  upon 
proof  by  affidavit  by  a  party,  or  otherwise,  to  the  satisfaction  of  the  court 
or  judge  thereof,  that  auy  judgment  debtor  has  property  which  he  unjustly 
refuses  to  apply  to  the  satisfaction  of  the  judgment,  such  court  or  judge 
may,  by  an  order,  require  the  judgment  debtor  to  appear  at  a  specified  time 
and  place  before  such  judge  or  leferee,  appointed  by  liim,  to  answer  con- 
cerning the  same,  and  such  proceedings  may  thereupon  be  had  for  the  appli- 
cation of  the  property  of  the  judgment  debtor  toward  the  satisfaction  of  the 
judgment  as  are  provided  upon  the  return  of  an  execution. 

When  execution  is  returned,  unsatisfied,  judgment  debtor  may  be  required 
to  answer  under  oath  touching  his  property,  and  if  it  appears  by  affidavit 
that  there  is  danger  of  his  absconding,  he  may  be  arrested  and  held  to  bail. 

Instead  of  the  order  requiring  the  attendan(;e  of  the  judgment  debtor,  the 
judge  may,  upon  affidavit  of  the  judgment  creditor,  his  agent  or  attorney,  if 
it  appear  to  him  that  there  is  danger  of  the  debtor  absconding,  order  the 

[Col.  li).J 


COLORADO.  107 

sheriflf  to  arrest  the  debtor  ami  bring  him  before  the  judge.  On  beiiij; 
brought  before  the  judge,  he  may  be  ordered  to  enter  into  an  undertaking 
with  surety  that  he  will  attend  from  time  to  time,  before  the  judge  or  referei;, 
as  shall  be  directed  during  the  pendency  of  the  proceedings,  and  until  the 
final  determination  ;  and  will  not,  in  the  meantime,  dispose  of  any  portion  of 
his  property,  not  exempt  from  execution.  In  default  of  entering  into  such 
undertaking,  he  may  be  committed  to  prison.  After  the  issuing  of  an  exe- 
cution against  property,  any  person  indebted  to  the  judgment  debtor,  may 
pay  to  the  sheriff,  the  amount  of  his  debt,  or  so  much  thereof  as  may  be 
necessary  to  satisfy  the  execution.  And  the  sherifi"s  receipt  shall  be  a  suffi- 
cient discharge  for  the  amount  so  paid.  If  it  appear  that  a  person  or  corpora- 
tion alleged  to  have  property  of  the  judgment  debtor,  or  intlebted  to  him, 
claim  an  interest  in  the  property  adverse  to  him,  or  denies  the  debt,  the  court 
or  judge  may  authorize,  by  order,  the  judgment  creditor  to  institute  an  ac- 
tion against  such  person  or  corporation  for  the  recovery  of  such  interest  or 
debt,  until  au  action  can  be  commenced  and  prosecuted  to  judgment. 

Trust  Deeds. — Are  generally  used  instead  of  mortgages.  They  contain 
powers  of  sale  at  a  })ublie  auction  by  the  trustee  or  successor  for  default  in 
payment  of  principal  or  interest,  or  breach  of  any  covenants.  There  is  no 
redemption. 

Wills. — Every  person  aged  twenty-one  years,  if  a  male,  or  eighteen  years, 
if  a  female,  not  married,  bjing  of  sound  mind  and  memory,  may  dispose  of 
his  or  her  property,  by  will,  subject  to  the  payment  of  his  or  her  debts.  (See 
married  women.)  Personal  estate  may  be  disposed  of  by  will  or  testament, 
at  the  age  of  seventeen.  All  wills  devising  lauds,  tenements,  hereditaments, 
annuities  or  rents,  must  be  reduced  to  writing,  and  signed  by  the  testator  or 
testatrix,  or  by  some  one  in  his  or  her  presence,  and  by  his  or  her  direction, 
and  attested  by  at  least  two  credible  witnesses,  in  the  presence  of  such  tes- 
tator or  testatrix.  AVills  are  recorded  in  the  county  courts  out  of  which  let- 
ters testamentary  or  of  administration  issue,  and  also  with  the  recorder  of 
each  county  where  decedent  owned  real  estate. 

Executors  entitled  to  letters  testamentary.  Executors  shall  cause  will  to 
be  probated.  Unless  otherwise  directed  by  the  testator,  and  executor  shall 
enter  into  bonds  in  double  the  value  of  the  personal  estate,  together  with  the 
rents  and  issues  of  the  real  estate. 

Witnesses. — A  party  to  a  suit  shall  not  be  allowed  to  testify  of  his  own 
mt)tion,  where  the  adverse  party  sues  or  defends  as  trustee,  conservator,  exe- 
cutor, administrator,  heir  or  guardian.  Except  as  to  facts  occurring  after 
the  death  of  such  deceased  person,  and  except  when  any  agent  of  the  de- 
ceased, or  the  adverse  party,  or  a  witness  on  his  behalf,  testifies  to  any  con- 
versations or  transactions,  or  the  depositions  of  deceased  is  read  in  evidence. 
Persons  of  unsound  mind,  or  children  under  ten  years  of  age,  incapable  of 
receiving  just  impressions,  shall  not  testify.  Husband  or  wife  shall  not 
testify  against  the  other,  except  in  a  civil  action  by  one  against  the  other,  or 
a  criminal  action  for  a  crime  committed  by  one  against  the  other  ;  nor  an  at- 
torney against  client ;  nor  a  clergyman  or  priest  as  1o  any  confession  under 
him,  in  his  professional  character  ;  nor  a  physician  or  surgeon  against  hi.s. 
patient,  withoiit  consent ;  uor  a  public  officer  as  to  communications  made  iin 
official  coutideuce. 


rCol.  20.] 


!108 


COLORADO. 


ATTORNEYS  IN   COLORADO. 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  population. 
Figures  after  names  when  admitted  to  the  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (J)  our  Compiler  of  Laws. 
A  dagger  (f)  former  recommendations  withdrawn. 


PLACE. 

COUNTY. 

NAMES    OP   ATTORNEYS. 

rOPULA'N 

Alamosa 

Conejos 

A.  W.  Mclntyre. 

802 

Alma 

Park 

G.  L.  Horine. 

700 

Aspen 

Pitkin 

W.  W.  COOLEY.  '83 

5,000 

Bonanza 

Bagauclie 

J.  M.  Denny, 

1,500 

Boulder 

Boulder 

R.  H.  Whiteley 

4,120 

Breckenridge 

Summit 

S.  Jones. 

1,G57 

Buena  Vista 

Chaftee 

C.  S.-  Libby. 

2,141 

Canon  City 

Fremont 

Charles  E.  Waldo. 

2,500 

Castle  Eock 

Douglas 

William  Dillon. 

388 

Central  City 

Gilpin 

C.  AVithrow. 

2,626 

Coal  Creek 

Fremont 

R.  W.  Singleton. 

701 

Colorado  Springs 

El  Raso 

T.  A.  McMorris. 

6,526 

Co  mo 

Park 

W.  L.  MALPUSS.  '84 

500 

Conejos 

Conejos 

R.  K.  Brown. 

339 

Crested  Butte 

Gunnison 

M.  F.  Styles. 

900 

Del  Norte 

Rio  Grande 

W.  M.  Maguire. 

1,300 

Delta 

Delta 

S.  S.  Shernan. 

200 

Denver.     Arapaho  County.    Population,  80,000. 

t  Uflford,  Reddin  &  Van  Buren,  1518  Larimer  St. 
Uttbrd,  M.  F. 

*  Reddin,  John  II. 

*  Van  Buren,  M. 

See  Card  in  Appendix ,  page  iii. 

Baxter,  '76  Joseph  N.,  Notary  Public,  40  &  42  King  Block. 
Brazee,  '53  Hon.  Andrew  W.,  1540  Champa  St. 
Horner,  '68  J.  W.,  Times  Building. 
Witter  '62  Daniel,  1713  Larimer  St., 
Practice  before  Land  .Offices  and  General  Lcuid  Office  a  specialty. 
\  Gordon  &  Kegan. 

f  Harvey  &  Richardson,  Barclay  Block, 
f  Van  Buren  &  Van  Buren,  372  Larimer  St. 


Durango 

La  Plata 

Charles  D.  Wright. 

3,000 

Erie 

Weld 

E.  A.  Tliompson. 

358 

Tairplay 

Park 

Bailey  &  Wilkin. 

450 

Port  Collins 

Larimer 

GEORGE  W.  BAILEY.  '84      2,800 

Georgetown 

Clear  Creek 

R.  S.  jVIorrison. 

3,301 

Glenwood  Springs 

Garfield 

Hon.  T.  L.  Hodges. 

— 

Golden 

Jetterson 

W.  A.  Dier. 

2,731 

Gothic 

Gunnison 

C.  J.  S.  Hoover, 

949 

Greeley 

AVeld 

J.  E.  Garrignes. 

2,000 

COLOllADO. 

109' 

PLACE. 

COUNTY. 

NAMES    OF   ATTORNEYS. 

rOPULA'N. 

Gunnison 

Gunnison 

D.  T.  Sapp. 

S,500 

Idaho  Si)rings 

Clear  Creek 

Fillius  &:  Bullis. 

2,000 

Kiowa 

Elbert 

L.  Itamsey. 

113 

Lake  City 

Hhidstlale 

Charles  ^IcDougall. 

1,95a 

La  Junta 

Bent 

J.  C.  Denny. 

759 

La  Veta 

Huerfano 

D.  :\[i-Kaskil. 

365 

Leadville 

Lake 

S.  J.  IIANXA.  '65 

14,820 

Loveland 

Larimer 

A.  JL  Nicholas. 

1,000 

Montezuma 

Summit 

J.  W.  Swisher 

250 

Montrose 

Montrose 

S.  H.  Baker. 

875 

()univ 

Ouray- 

Storey  &  Stevens. 

1,500 

Pitkin 

Gunnison 

J.  F.  Drexelius. 

1,891 

Pueblo 

Pueblo 

Charles  E.  Gast. 

8,000 

Red  Cliff 

Eagle 

Hon.  P.  F.  Quinu. 

1,000 

Rico 

Dolores 

J.  Thompson. 

894 

Kobinson 

Summit 

See  Leadville. 

1,000 

Rosita 

Custer 

M.  M.  Kellogg. 

1,008 

St.  Elmo 

CJhaffee 

R.  M.  Cash. 

500 

Salida 

Chaliee 

R.  H.  Hagan. 

3,100 

Silver  Cliff 

Custer 

J.  R.  Smith. 

4,560 

Silverton 

San  Juan 

A.  M.  Jackson.  '53 

1,500 

South  Pueblo 

Pueblo 

Salisbury  &  Elwell. 

5,000 

Storlino- 

Weld 

C.  L.  Allen. 

225 

Telluride 

San  Miguel 

W.  H.  Gabbert. 

750 

Tin  Cup 

Gunnison 

W.  S.  Uhren. 

450 

Trinidad 

Las  Animas 

Wallace  &  McChesney. 

3,300 

Walsenburg 

Huerfano 

C.  D.  Heudren. 

377 

West  Clifle 

Custer 

J.  R.  Smith. 

300' 

West  Las  Aninn 

«s      Bent 

John  AV.  Jay. 

450. 

110 


COLORADO. 


BANKS  IN  COLORADO. 

'Giving  the  name  of  town,  banli  and  cashier,  and  amount  of  paid-up  capital  of  one 
feank  in  each  county  of  this  Territory  in  wliich  such  a  banliing  institution  is  located. 


PLACE. 

Akron 

Alamosa 

Aspen 

Boulder 

Buena  Vista 

Canon  City 

Crested  Butte 

C'entral  City 

(/olorado  Sp'gs 

Del  Norte 

Delta 

Denver 

Denver  Junc"u 

Durango 

Fairplay 

Foi-t  Collins 

Georgetown 

Olenwood  Sp^s 

Oolden 

Grand  Junction 

Granada 

(ireeley 

Gunnison 

Idalioe  Springs 

•Tulesburg 

La,  Junta 

Lamar 

Leadvillc 

Longmont 

Loveland 

Monte  Vista 

Otis 

Pueblo 

Rico 

Saguache 

Salida 

Soutli  Pueblo 

Telluride 

Trinidad 

Westclifte 


NAME   OP    BANK. 

Bank  of  Akron 
First  National  Bank 

Boulder  National  Bank 
Bank  of  Buena  Vista 
Fremont  County  Bank 
Bank  of  Crested  Butte 
First  National  Bank 
El  Paso  County  Bank 
Bank  of  Del  Norte 
Delta  County  Bank 
City  National  Bank 
Bank  of  Denver  Junction 
First  National  Bank 
llathaway's  Bank 
First  National  Bank 
Bank  of  Georgetown 
Geo.  Arthvir  Rice  &  Co 
Jefferson  County  Bank 
Mesa  County  Bank 
Granada  Exchange  Bank 
First  National  Bank 


Citizens  Bank 

Bank  of  Commerce 

Bank  of  Lamar 

Carbonate  Bank 

First  National  Bank 

Bank  of  Lovehvnd. 

Bank  of  Monte  Vista 

First  Bank  of  Otis 

First  National  Bank 

Davis,  Matthews  &  Webb 

Saguache  County  Bank 

Continental  Divide  Bank 

South  Pueblf>  National  Bank  Delos  L 

San  Miguel  Valley  Bank 

First  National  Bank 

Morton,  E.,  Po.st  &  Co. 


PAID  UP 

CASHIER. 

CAPITAL. 

R.  n.  Northcott. 

II.  I.  Ross. 

$  50,000 

Theo.  G.  Lyster. 

50,000 

Cliarles.  L.  Spencer. 

50,000 

R.  W.  Hockaday. 

20,000 

R.  S.  Lewis. 

Metzler  Bros. 

F.  H.  Messinger. 

50,000 

Wm.  S.  Jackson. 

100,000 

F.  B.  Crocker,  Asst. 

16,000 

John  R.  Hanna. 

200,000 

().  Liddle. 

30,000 

Alfred  P.  Camp. 

50,000 

Thomas  H.  Sheldon. 

15,000 

H.  C.  Wheeler. 

50,000 

Henry  Seifried. 

30,000 

20.000 

L.  Harrison. 

30,000 

W.  A.  Marsh,  Asst. 

25,000 

Thomas  Doak. 

B.  D.  Harper. 

100,000 

E.  P.  Shaw. 

50,000 

Geo.  E.  McClelland. 

50,000 

L.  E.  Loveland. 

35,000 

L.  Hayes. 

A.  V.  Scott. 

25,000 

John  C.  Mitchell. 

100,000 

E.  White. 

50,000 

C.  L.  Smith. 

30,000 

R.  B.  Wallace. 

30,000 

J.  Denholm. 

10,000 

M.  D.  Thatcher. 

100,000 

E.  L.  Davis. 

25,000 

Chailes  Tarbell. 

30,000 

L.  W.  Craig. 

12,500 

:  Delos  L.  Holden. 

50,000 

W.  E.  Wheeler. 

30,000 

H.  J.  Alexander. 

50,000 

Wm.  M.  Bell. 

40,000 

STATE  OF 

CONNKCXICUT. 

SUMMARY   OV 

Collection    Laws. 

Court  Calkndak.   Instuuctions  kou  taking  Depositions,  Lkgai-  Foums,  Etc. 
ExPRKSsi.v   Prkpakei)  and  Reviseu  to  Nov.  1st,  18«7,  fou  "Showek-s" 
LF;GAr,  DiKEcroKY  and  Merchants'  Gitioe,"  kou  1S8S.  by 
\Vm.  A1.VIN  Wright,  of  the  New  Haven  Bar. 

Acknowledgments. — (See  Deeds.) 

Actions. — Process  in  civil  actions  is  by  summons  or  attachment.  Any  ac- 
tion may  bo  commenced  by  a  foreign  attacliment.  Tlie  writ  describes  the 
jiarties  and  the  court;  mentions  tlie  timeand  place  of  appearance  ;  is  accom- 
panied with  a  declaration  called  a  complaint,  and  is  signed  by  a  justice  of  the 
peace,  commissioner  of  the  superior  court,  or  a  judge  or  clerk  of  the  court  to 
which  it  is  returnable.  The  action  is  not  deemed  to  be  commenced  until  ser- 
vice is  made  upon  the  defendant,  but  the  initiatory  steps  of  an  attachment 
may  be  taken  before  such  service. 

Administration. — Administration  of  the  estate  of  any  person  shall  not  be 
granted,  nor  shall  the  will  of  any  person  be  admitted  to  probate,  after  ten 
years  from  his  decease,  unless  this  court  of  probate,  upon  written  i)etition 
and  after  public  notice,  shall  find  that  administration  ought  to  be  granted,  or 
that  said  will  should  be  admitted  to  ])rol)ate. 

In  all  cases  where  a  person  has  died  leaving  estate  which  is  not  known  to 
those  interested  in  the  same,  within  the  time  above  limited,  but  is  discovered 
ufterwards,  administration  may  be  granted  withinone  year  after  its  discovery. 

Affidavits. — In  ex  parte  cases,  the  affidavit  of  a  person  residing  in  other 
state,  may  be  used  in  judicial  proceedings,  and  should  be  sworn  to  before  a 
notary  public  or  conimissioner  for  Connecticut,  or  it  may  be  sworn  to  before 
any  magistrate  authorized  to  administer  oaths,  and  in  the  latter  case  a  certi- 
ficate of  a  clerk  of  a  court  of  record  of  common  law  jurisdiction,  with  the 
seal  of  suc^h  clerk,  that  such  magistrate  is  authorized  to  administer  oaths, 
should  be  appended.  Affidavits  are  not  required  on  civil  process  to  procure 
attachment,  by  arrest,  garnishment,  or  otherwise. 

Aliens. — Xon-resident  aliens  can  hold  and  transmit  land  for  mining  and 
quarrying  puri)oses  only. 

Appeals. — Appeals  may  be  taken  from  the  judgment  of  justices'  courts  to 
the  court  of  common  ])leas,  in  counties  where  such  courts  are  established, 
and  in  other  counties  to  the  superior  or  district  courts.  From  the  probate 
and  city  courts,  ajipeals  are  taken  to  the  superior  court  of  the  county.  Ap- 
peals from  the  superior,  common  pleas  and  district  courts  are  allowed  to  the 
supreme  court  for  the  revision  of  errors  of  law  only. 

I  Conn.  1.] 


112  CO^sXECTICUT. 

Arrest. — Persons  may  be  arrested  for  fraud. 

Assignments. — {See  Insolvent  Laws  and  Assignments.) 

Attachment. — Attachment  of  debtor's  property  can  not  be  had  before  debt 
is  due.  An  attachment  is  served  by  attaching  the  goods  or  lands  of  tlie  de- 
fendant, or,  if  no  goods  can  be  found,  by  attacliing  tlie  person,  wlien  liable 
to  attachment.  If  tlie  plaintiff  is  irresponsible,  or  a  non-resident,  a  bond  for 
costs  is  required  from  some  substantial  inhabitant  of  this  state.  This  bond 
is  simply  to  enable  the  defendant  to  collect  his  taxable  costs  in  case  he  suc- 
ceeds in  the  suit.  No  bond  is  required  to  indemnify  the  defendant  for  dam- 
ages which  he  may  suffer  by  reason  of  the  attachmeht.  Goods  concealed  iu 
the  hands  of  agents,  so  that  they  can  not  be  attached,  or  debts  due  from  any 
person,  are  attachable  by  process  of  foreign  attachment.  Attachments  hold 
until  the  execution  is  levied,  provided  the  execution  be  levied  within  sixty 
days  after  final  judgment,  when  personal  estate  is  attached,  and  within  four 
months  when  real  estate  is  attached.  Where  several  attachments  of  the  same 
projierty  ai'e  made,  the  debts  and  costs  of  suit  of  the  first  attaching  creditor 
must  first  be  fully  satisfied,  and  subsequent  attaching  creditors  in  the  order 
of  their  several  attachments.  No  assignment  of  future  earnings  can  prevent 
their  attachment,  when  earned,  unless  made  to  secure  a  bona  fide  debt,  the 
amount  of  which  is  therein  stated,  and  the  term  definitely  limited  ;  nor  unless 
recorded  in  the  town  clerk's  office,  and  a  copy  thereof  left  with  the  employer. 

Bills  of  Exchange  and  Promissory  Notes.— (-See  Notes  and  Bills.) 

Chattel  Mortgages. — The  owner  of  machinery,  engines,  or  implements, 
situated  and  used  in  any  manufacturing  or  mechanical  establishment,  the 
owner  of  any  presses,  types,  cases,  stereotype  plates,  or  copper  plates  per- 
taining to  a  printing  establishinent,  the  occupant  of  a  dwelling-house  having 
a  family,  and  having  household  furniture  used  by  him  in  housekeeping,  or 
the  owner  of  hay  deposited  in  a  building,  or  tobacco  in  the  leaf,  or  the  owner 
of  any  piano,  organ  or  melodeon,  or  of  any  musical  instrument  used  by  an 
orchestra  or  band,  may  mortgage  such  machinery  engines,  implements, 
presses,  types,  cases,  stereotype  or  copper  i)lates,  furniture,  hay,  tobacco, 
piano,  organ,  melodeon,  or  musical  instrument,  provided  the  deed  of  mort- 
gage be  executed,  acknowledged  and  recorded  in  all  respects  as  mortgages  of 
land  are  required  to  be ;  and  such  mortgage  will  be  good,  although  the  mort- 
gagor shall  retain  possession  of  the  mortgaged  property  ;  and  upon  breach  of 
condition,  may  be  foreclosed  by  sale  by  order  of  court.  The  above  provi- 
sions extend  to  mortgages  executed  by  hotel-keepers  of  furniture,  fixtures, 
and  other  personal  chattels  contained  and  used  in  the  hotels  occupied  by  them, 
or  employed  iu  connection  therewith.  To  be  good  against  third  parties,  mort- 
gages must  be  recorded  within  a  reasonable  time  in  the  town  clerk's  office. 

Form  of  Mortgage  of  Personal  Property. 

Know  all  men  by  these  2'>resents,  That ,  of ,  in  the  county  of , 

and  state  of  Connecticut,  for  the  consideration  of dollars,  received  to 

,  full  satisfaction  of ,  do  hereby  bargain,  sell,  transfer,  and  convey 

imto  the  said ,  the  following  articles  of  property  :  (here  describe  prop- 
erty. 

To  have  and  to  hold  the  same  to the  said ,  executor — ,  adminis- 
trator— ,  and  assign —  forever,  to and wn  proper  use  and  behoof  ;. 

And ,  the  said  ,  for  — sel — ,  heirs,  executor —  and  administrator — , 

covenant  and  agree  with  the  said to  warrant  and  defend  the  said  goods 

to ,  the  said ,  against  all  persons  whatever. 

The  condition  of  tins  deed  is  such,  That  whereas  tlie  said  grantor—,  , 

justly  indebted  to  the  said  grantee  in  the  sum  of dollars,  as  evidenced  by 

' promissory  note—  of  even  date  herewith,  payable  to  the  said  grantee  or 

order, with  interest . 

[Conn.  2.] 


CONNECTICUT.  113 

Now,  therefore.  If  said  nute —  shall  be  ■well  and  truly  paid  accordino:  to 
its  tenor,  then  this  deed  shall  be  void,  otherwise  to  remain  in  full  foiee  and 
edect. 

In  icitness  wliereof,    have  hei-eunto  set  hand —  and  seal — ,  this 

(lay  of  - — ,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 

Signed,  sealed  an<l  delivered  in  the  j^resence  of    ?  [r..  s.] 

!>*■'•  [L.  S.] 

Statk  op  Connecticut,  "1  „„  »  t^  ..o 

County  OP  .     }''■  A.  D.  18-. 

Personally  apjieared ,  sig-ner —  and  sealer —  of  the  foregoinjr  instru- 
ment, and  acknowledged  the  same  to  be free  act  and  deed,  before  me. 

,  Justice  of  the  Peace. 

Claims  against  Decedents'  Estate^.— Six  months  are  usually  allowed  for 

the  i>resentationof  claims  against  the  estate  of  a  deceased  party,  and  a  fail- 
ure to  i)resent  the  claim  within  the  time  limited  debars  a  recovery.  Where 
the  executor  or  administrator  refuses  to  pay  a  claim  duly  presented,  suit 
must  be  commenced  within  four  months  from  sucb  refusal. 

Conditional  Sales  of  Personal  Property.— Sales  of  personal  property 
without  delivery  are  void  as  against  attaching  creditors  of  the  vendor,  other- 
wise conditional  sales  may  be  made. 

Corporations. — Any  number  of  persons  not  less  than  three,  may  *by  writ- 
ten articles,  pursuantto  the  general  statutes,  form  a  corporation  for  the  trans- 
action of  any  kind  of  business  except  banking  or  insurance. 

Costs. — When  the  plaintiff  is  a  ntni-resident  or  is  not  a  substantial  party, 
bonds  for  prosecution  must  be  furnished. 

Courts. — Terms  and  Jurisdiction : 

The  Supreme  Court  of  errors  is  the  highest  court  in  the  state. 

There  is  a  SujJerior  Court  in  each  county  having  jurisdiction  in  all  cases 
exceeding  $.^00  in  amount.  Process  may  be  made  returnable  to  this  court, 
the  first  Tuesday  of  any  month  except  July  and  August. 

In  the  counties  of  Hartford,  New  Haven.  New  London,  Fairfield  and  Litch- 
field, there  are  Courts  of  Common  Pleas  for  the  trial  of  causes  involving  sums 
under  .S.")00,  and  appeals  from  justices  of  the  peace. 

Justices  of  the  Peace  have  jurisdiction  of  causes  involving  8100  or  less,  with 
an  api)eal  lying  to  the  common  pleas  court  or  to  the  superior  court  in  counties 
where  there  is  no  intennediate  court. 

Court  Calendar.— 

UNITED  STATES  CIRCUIT  COURT. 

Asxoointr  .Titxtior  Supreme  Court,  Samuel  Blatchford,  of  New  York  ;  Oircuif  Jiidge, 
William  J.  Wallace.  ofSyracuse.  N.  Y. ;  Clerk,  Edward  E.  Mar\'in,of  Hartford. 
Terms.— Ai  New  Haven  4th  Tuesday  April ;  at  Hartford  3d  Tuesday  September. 

UNITED  STATES  DISTRICT  COURT. 
(Has  jurisdiction  of  the  whole  State.) 
District  .Tiidf/e,  Nathaniel  Shlpmaii,  of  Hartford ;   C'erk,  Edward  E.  Marvin,  of 
Hartford ;  Dixtriot  Attornci/,  Lewis  E.  .Stanton,  of  Hartford ;  Marshal,  Nathan  D.  Bates 
of  Norwich,  ofticc  at  Hartford.  ' 

Terms.— \X  Hartford  4th  Tuesday  May  and  1st  Tuesday  December;  at  New 
Haven  4th  Tuesday  February  and  4th  Tuesday  August. 

SUPREME  COURT. 

Chief  ,Tv  St  ice,  .lohn  D.  Park,  of  Norwich;  Associate  Judges,  Elisha  Carpenter  of 
Hartford;  Dwifrht  W.  Pardee,  of  Hartford;  Dwight  Looniis,  of  Rockville •  Sidney's 
Beardsley,  of  Bridgeport.  ' 

[Conn.  3.] 


114  CONNECTICUT. 

Clerks  of  the  Superior  Court  in  tlieir  respective  counties  are  clerks  of  the  Supreme 
Court. 

The.judg:es  of  the  Supreme  Court  :ire  also  jurtses  of  the  Superior  Court. 

Ternis.— For  the  First  Judicial  District,  comprisiny:  the  counties  of  Hartford. 
Tolland,  Middlesex,  Windliain  and  Jjitchfield,  at  Hartford  on  the  1st  Tuesdays  of 
January,  March,  May  and  October;  for  the  Second  District,  New  London  County,  at 
Norwich  on  the  last  Tuesday  of  May  and  the  od  Tuesday  of  October ;  for  New  Haven 
County,  at  New  Haven  on  the  1st  Tuesday  of  June  and  December;  for  Fairfield 
County,  at  Bridgeport  on  the  3d  Tuesday  of  March  and  the  4th  Tuesday  of  October. 

SUPERIOR  COURT. 

.Tidlgex,  (in  addition  to  the  judges  of  the  Supreme  Court  above)  Edward  I.  Sanford, 
of  New  Haven;  Augustus  H.  Fenn,  of  Winchester;  Charles  B.  Andrews,  of  Litch- 
field ;  Henry  Stoddard,  of  New  Haven;  David  Torrance,  of  Derby,  and  James  Phelps, 
of  Essex. 

The  Superior  Court  is  deemed  to  be  open  daily  except  on  Sundays  and  holidays 
and  excepting  July  and  August,  whether  any  judge  is  in  attendance  or  not,  for  pur- 
pose of  entering  appearances  and  judgmen  ts  of  default  or  non-suit  for  want  of  appear- 
ance or  non-compliance  with  rules  or  order  of  court,  filing  pleas,  and  generally  for 
such  ether  matters  relating  to  the  practice  of  said  court  as  t  he  judges  may  order. 

County.  Where  held.  Terms. 

Hartford Harttord '2d  Tuesday  October. 

T-T       XT„    ^  (  New  Haven  .   .   .  4th  Tuesdav  SeptMuber. 

iNewtia%en  .   .   ^watcrbury 1st  Tuesday  November. 

Tolland Tolland 1st  Tuesday  September. 

iv/r-^  ii.o-,..-  fMiddletown  .  .   .  2d  Tuesday  November. 

Middlesex  ■  ■  ■  \  Haddam 4th  Tuesday  September. 

«7-»,,ii,„w,  f  Windham  .   .   .   .  1st  Tuesday  Decemlier. 

Windham  .   .  .  -j  ^rooldyn 1st  Tu<-sd ay  May. 

TV.T    TT  I       ^^„        /Norwich 1st  Tuesilav  November. 

,JNew  i.onaon..  .  -j  ^-^^^  London..  .   .  8d  Tuesday  September. 

T?   --fioiri  /Bridgeport 1st  Tuesdav  December. 

i't.irneici.  .   .   .  ^  Banbury 8d  Tuesday  September. 

Litchfield   .  .   .  .  Litchfield 1st  Tuesday  September. 

The  judges  at  their  annual  meeting  may  provide  for  such  additional  sessions  as 
may  be  necessary.  These  terms  are  generally  for  trial  of  civil  causes  only.  Terms 
arealso  appointed  for  trial  of  criminal  cases. 

COURT  OP'  COMMON  PLEAS. 

Count!/.  Where  held.  Terms. 

Hartford Hartford 1st  Mon.  Sept.,  Nov.,  Jan.,  March,  May. 

New  Haven.  .   .   .  New  Haven  .  .   .  8d  Mon.  Sept.,  1st  Mon.  Nov.,  Jan.,  March,  May. 

„  .  H  ,,  /Danbury 1st  Mon.  Februar.v,  April,  June,  December. 

i-airneia  ....  -[Bridgeport 1st  Mon.  Jan.,  March,  May,  Sept.,  Oct  .Nov.,  and 

may  adjourn  from  either  place  to  Norwalk  or 
Stamford  for  the  time  of  court  cases  only. 

f  Litchfield 1st  Mon.  May,  4tli  Mon.  September. 

-,..,„   ,,  I  Winchester.  .   .   .  1st  Mon.  Januar.v,  April,  September. 

Litcnneia.  .  .  •  i  canaau 1st  Mon.  March,  July,  November. 

[NewMilford.  .   .1st  Mon.   February,  August,  and  may    adjourn 
from  one  place  to  any  other. 
-.^       T       ,             /New  London..  .   .  1st  Tues.  April,  August. 
New  London..  .  |]vjorwich 1st  Tues.  February,  October. 

Curtesy. — {See  Afarried  WoDien.) 

Deeds. — Deeds  of  land  must  l)e  in  writing,  subscribed  by  the  grantor,  and 
attested  by  two  witnesses,  and  must  be  personally  acknowledged.  An 
acknowledgment,  whether  within  or  without  the  state,  is  sufficient  if  made  be- 
fore a  justice  of  the  peace,  notary  public,  judge  of  some  court  of  ordinary  isni 
prius  or  superior  jurisdiction,  or  any  officer  having  power  by  law  to  take 
acknowledgment  of  deeds.  Deeds  may  also  be  acknowledged  in  the  state  by 
tlio  commissioner  of  the  school  fund,  judges  of  probate,  clerks  of  the  supe- 
rior, common  i)lcas  and  district  courts,  town  clerks  and  commissioners  of  the 
superior  court.  All  deeds  executed  by  grantors  residing  out  of  the  United 
States  may  be  personally  acdcnowledged  before  a  United  Statew  consul,  notary 
])ublic,  or  justice  of  the  peace.  A  notarial  seal  is  generally  accepted  as 
proving  itscll'.  A  certificate  of  the  county  clerk  should  be  annexed  to  an 
acknowledgment  by  a  justice  of  the  peace.  The  nuigistrate  must  be  person- 
ally ac»iuainted  with  the  grantor. 
fConn.   4.1 


CONNECTICUT.  115 

The  oraissiou  of  a  notarial  seal  to  a  deed  ackuowleilgetl  before  a  notary 
publie  does  not  invalidate  the  deed  ;  hut  in  ease  of. such  omission,  there  should 
t)e  some  state  or  court  certificate  certifying  that  the  party  acting  is  notary 
public. 

The  word  [Seal]  and  the  scroll  [L.  B.]  are,  either  of  them,  equivalent  to 
a  seal. 


Form  of  Warranty  Deed. 


To  all  people  to  whom  these  presents  shall  come  :    Greeting  :   Know  ye,  that 

.  of  the  town  of  ,  county  of ,  and  state  of  Connecticut,  for  the 

cimsideration  of dollars,  received  to full  satisfaction  of do  give, 

grant,  bargain,  sell,  and  conlirm  unto  the  said . 

To  have  and  to  hold  the  above  granted  premises,  with  the  appurtenances 

thereof,  unto the  said  grantee, lieirs  and  assigns  forever and 

their  own  proper  use  and  behoof.     And  also ,  the  said  grantor— do — for 

sell  heirs,   executors  and  administrators,  covenant  with  the  said 

grantee,  heirs,    and  assigns,    that  at  and  until  the  unsealing  of  these 

presents well  seized  of  the  premises  as  a  good  indefeasible  estate,  in  fee 

simple,  and  have  good  right  to  bargain  and  sell  the  same  in  manner  and  form 
as  is  above  written  ;  and  that  the  same  is  free  from  all  incumbrances  whatso- 
ever   . 

For  conditions  for  mortgage  deed,  insert  form  following  from  1  to  3  : 

A/id  father  more. ,  the  said  grantor — ,  do —  by  these  jjresents  bind — sell 

—  and heirs  forever  to  warrant  and  defend  the  above  granted  and  bar- 
gained premises  to ,  the  said  grantee, heirs  and  assigns,  against  all 

claims  and  demands  whatsoever . 

Li  iritness  whereof,  have  hereunto  set hand  and  seal  this day 

of ,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and . 

Signed  and  delivered  in  presence  of      }  [^- i^-] 
!>■                                                   [S.  L.] 

Form  of  Ackiioirledfjments. 

State  op  Conxecticut,   > 
County  op .  S     ' 

Personally  appeared ,  the  signer  and  sealer  of  the  foregoing  instrument 

and  acknowledged  this  same  to  be  his  free  act  and  deed,  before  me. 

Ill  testimony  whereof.  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal,  at ,  in  said  county,  this day  of ,  A.  D.  18 — . 

[l.  s.]  ,  Commissioner  for  State  of  Connecticut. 

Depositions. — Depositions  to  be  read  on  the  trial  of  any  civil  action  may 
be  taken  in  any  foreign  state  or  country  without  the  lijuits  of  the  United 
States,  pursuant  to  the  i^rovisions  of  law,  before  the  following  described 
officers  of  the  United  States,  viz  :  foreign  ministers,  secretaries  of  legation, 
consuls  and  vice-consuls ;  and  a  certificate  from  the  secretary  of  state  of  the 
United  States  shall  be  sufficient  evidence  topi'ovethe  official  character  of  the 
person  taking  the  deposition. 

Whenever  a  party  in  a  civil  action  shall  be  notified  to  appear  at  the  taking 
of  any  deposition,  the  party  thus  notified  niay,  if  he  see  cause,  take  deposi- 
tions at  the  sanio  time  and  place  designated  in  said  notice,  to  be  used  in  the 
same  cause,  with-nitany  further  notice  to  the  opposite  party,  and  the  notice 
thus  given  sliall  be  deemed  sufficient  notice  to  both  pai'ties  tliat  depositions 
will  then  and  there  be  taken  by  them. 

When  a  deposition  is  taken  in  the  absence  of  the  adverse  party,  or  his  agent 
or  attorney,  the  party  taking  such  deposition  shall  lodge  it  with  the  clerk  of 
the  court  to  which  it  is  addressed,  on  the  first  day  of  the  session  of  said  court 
for  the  inspection  of  the  adverse  party,  unless  before  that  time  he  has  de- 
livered the  same,  or  a  copy  thereof  to  said  adverse  party.  But  the  court  may, 
"in  its  discretion,  direct  that  said  deposition  be  lodged  with  the  clerk  at  some 

[Conn.  5.] 


116  CONNECTICUT. 

subsequent  lime  instead  of  the  time  aforesaid.  And  if  this  rule  he  not  com- 
plied with  such  deposition  shall  not  be  read  in  evidence. 

Form  of  Deposifions. 

CAPTION. 

,  'i  State  of  Co>'necticut,   ^ 

rn.  >  County  of .  >  ss. 


,  of ,  county  of ,  state  of ,  being  first  duly  cautioned  and 

sworn,  deposed  and  said,  as  follows  :    (Here  state  testimony.) 

Every  witness  must  sign  his  own  deposition,  "Exhibits"  should  be  an- 
nexed and  signed  by  witness  and  magistrate. 

Form  of  Certificate  to  Deposition. 

State  of  Conne^jticut,  ^ 

County  of ,  >  ss.  The day  of ,  A.  D.  18 — , 

Town  of .  ) 

Then  personally  appeared  the  above  named ,  signer  of  the  foregoing 

deposition,  and  after  having  been  duly  cautioned  to  speak  the  whole  truth, 
and  carefully  examined,  did  subscribe  the  same  and  make  oath  before  me 
that  the  same  contains  the  truth,  and  nothing  but  the  truth. 

The  foregoing  deposition  is  taken  pursuant  to  the  annexed  notice  at  the 

request  of  the ,  to  be  read  on  the  trial  of   an  action  pending  before  the 

court,  within  and  for  the  county  of and  state  of  Comiecticut,  in 

which  action plaintiff  and defendant. 

The  cause  of  taking  this  deposition  is  that  the  said  deponent  lives  more 
than  twenty  miles  from  the  place  of  trial,  and  out  of  the  state  of  Connecti- 
cut. 

The  adverse  party  was  notified  to  be  present  at  the  taking  of  this  deposi- 
tion, and  was  present  thereat. 

Subscribed,  taken  and  sworn  to  before  me. 

{Signature  and  title.) 

instructions. 

The  commissioner  miist  caution  the  witness  to  speak  the  whole  truth,  shall 
carefully  examine  them  and  have  them  svibscribe  to  the  deposition  and  make 
oath  to  it  before  such  authority,  who  shall  attest  the  same  and  certify  that 
the  adverse  party  or  his  agent  was  present  (if  so),  or  that  he  was  notified  ; 
and  shall  also  certify  the  reason  of  taking  such  deposition  ;  shall  seal  it  up 

and  direct  it  as  follows  : m.  .     To  the  Hon. court,    for 

county,  Connecticut.     The  deposition  of ,  to  be  used  in  said  cause,  taken 

and  sealed  up  an  directed  by  me  [signature  and  title):,  where  it  is  to  be  used, 
and  delivel"  it,  if  desired,  to  the  party  at  whose  request  it  was  taken. 

Persons  in  interest  may  not  write,  draw  up,  or  dictate  the  deposition. 

Descent  and  Distribution.— The  estate,  both  real  and  personal,  of  any 
person,  except  as  hereafter  mentioned  (see  Married  Women),  dying  intestate, 
after  payment  of  expenses,  is  to  be  distributed  as  follows  :  one-third  of  the 
personal  estate  to  wife,  if  any  there  be,  forever;  and  if  she  shall  not  have 
been  otherwise  endowed  before  marriage,  one-third  part  of  the  real  estate  to 
her  during  life,  and  all  the  residue  of  the  real  and  personal  estate  in  equal 
proportions,  according  to  its  value  at  the  time  of  distribution,  to  and  among 
the  children,  and  the  legal  representatives  of  any  of  them  who  may  be  dead, 
excepting  children  who  shall  receive  estate  by  settlement  of  the  intestate  in 
his  life-time,  equal  to  the  shares  of  the  others,  and  excepting  that  children 
advanced  by  settlement  or  portion,  not  equal  to  the  shares  of  the  rest,  shall 
have  only  so  much  of  the  estate  as  shall  make  all  the  shares  equal.  If  any 
(Conn.  6.J 


CONNECTICUT.  117 

•of  the  chiUlren  die  before  arriving  at  lawful  age,  before  any  legal  tllsposi- 
tiou  of  the  estate  and  before  marriage,  the  portion  of  such  deceased  child 
shall  be  equally  divided  among  tiie  surviving  children  and  their  legal  repre- 
.sentatives.  If  there  be  no  children  nor  any  legal  representatives  of  them, 
then  half  the  personal  estate  shall  be  set  out  to  the  wife  forever,  and  one- 
third  of  the  real  estate  for  life,  and  the  rt'sitlue  of  the  estate,  except  as  here- 
inafter provided,  distributed  etpially  to  the  brothers  and  sisters  of  the  intes- 
tate of  the  whole  blood,  and  tuose  who  legally  represent  them,  and  if  there 
be  no  such  kindred,  then  to  tlie  parent  or  parents,  and  if  there  be  no  parent 
then  equally  to  tlie  brothers  and  sisters  of  the  half  blood,  ami  those  who 
legally  represent  them,  and  if  there  be  Jio  parent,  and  no  brother  or  sister,  or 
those  who  legally  represent  them,  then  equally  to  tlie  next  of  kin  in  equal 
degree,  kindred  of  the  whole  blood  to  take  in  preference  to  kindred  of  the 
half  blood,  in  equal  degree,  and  no  representatives  to  be  admitted  amongthe 
collaterals  after  the  representatives  of  brothers  and  sisters  ;  but  all  the  real 
estate  of  the  intestate  which  came  to  him  l)y  descent,  gift,  or  devise  from 
any  kindred  shall  l)clong  equally  to  the  brothers  and  sisters  of  the  intestate, 
and  those  who  legally  reijresent  them,  of  the  blood  of  the  i)erson  or  ances- 
tor from  whom  such  estate  came  or  descended  ;  and  in  case  there  be  no 
brothers  and  sisters,  or  legal  representatives  as  aforesaid,  then  equally  to  the 
children  of  such  person  or  ancestor,  and  those  who  legally  represent  them  ; 
andif  tliere  be  no  such  children  or  representatives,  then  equally  to  the  broth- 
ers and  sisters  of  such  person  or  ancestors,  and  those  who  legally  represent 
them;  and  if  there  be  none  such,  then  it  shall  be  set  olf  and  divided  in  the 
same  manner  as  other  real  estate;  and  if  there  be  no  wife,  all  the  estate  shall 
be  divided  among  the  children  and  heirs  in  manner  aforesaid.  The  jiart  of 
the  real  estate  which  is  subject  to  the  widow's  dower,  if  it  remain  undivided 
■at  the  expiratiim  of  her  term,  shall  be  distributed  in  manner  aforesaid. 

All  estate  of  any  minor,  dying  intestate,  Mhich  he  acquired  by  gift  or  in- 
heritance from  relatives,  if'he  leave  no  children,  brother  or  sister  of  the 
whole  blood  or  their  representatives,  or  parent,  goes  to  his  next  of  kin  of  the 
blood  of  the  relative  from  whom  he  acquired  title. 

Divorce.— Divorces  may  be  granted  for  adultery,  habitual  intemperance, 
wilful  desertion  with  total  neglect  of  duty  for  three  years,  and  for  intoler- 
able cruelty.  One  of  the  parties  must  have  resided  in  this  state  three  years 
before  bringing  suit,  unless  the  cause  of  divorce  shall  have  arisen  after  thejr 
removal  to  this  state. 

Dower. — (See  Married  Women.) 

Evidence. — Parties  in  interest  are  competent  witnesses.  Conviction  of 
crime  may  be  shown  to  eft'ect  the  credibility  of  a  witness. 

Executions. — Issue  on  the  return  of  final  judgment,  and  are  returnable 
within  sixty  days.  Xo  execution  issued  in  an  action  founded  on  contract 
merely  can  be  levied  on  the  body  of  the  debtor,  except  for  breach  of  promise 
of  marriage,  misconduct  or  neglect  in  office  or  professional  emiiloyment,  oi 
breach  of  trust.  When  real  estate  has  been  attached  a  judgment  lien  can  be 
placed  upon  the  property  by  the  attaching  creditor,  which  lien  may  be  fore- 
closed in  the  same  manner  as  mortgages  of  real  estate. — {See  Stay  of  Execu- 
tion.) 

Exemptions. — Homestead,  to  the  value  of  $1,000,  if  declaration  to  hold  it 
as  such  is  lecorded.  Of  the  pnjperty  of  any  one  person,  his  necessary  ap- 
parel and  bedding  and  household  furniture  necessary  ftn-  supporting  life  ; 
arms,  military  equiinnents,  uniforms  or  musical  instruments  owned  by  any 
member  of  the  militia  for  military  purposes  ;  any  pension  moneys  received 
from  the  United  States  while  in  the  hands  of  tlie  pensioner  ;  implements  of 
the  debtor's  ti'ade  ;  his  library,  not  exceeding  $500  in  value  ;  one  cow,  not 

[Conn.  7.] 


118  CONNECTICUT. 

exceedin.;"  iJ^l.lO  in  A'aluo  ;  any  number  of  sheep  not  exceeding  ten  noi'  exceed- 
ing in  all  8150  in  value  ;  two  swine  and  the  pork  produced  from  two  swine, 
or  two  swine  and  two  hundred  pounds  of  pork  ;  poultry  not  exceeding  $25  in 
value  ;  certain  specified  family  stores  ;  the  horse  of  any  practicing  physician 
or  surgeon  of  a  value  not  exceeding  $200,  and  his  saddle,  biidle,  harness  and 
buggy  ;  one  boat  used  in  the  business  of  jilanting  or  taking  oysters,  or  clams, 
or  shad,  with  the  sails,  tackle,  rigging  and  implements  used  in  said  business, 
not  excjcding  in  value  8200  ;  one  sewing  machine  in  use  ;  one  pew  in  church 
in  use,  and  lots  in  burying  ground,  appropriated  by  its  owner  for  tlie  burial 
place  of  any  persv)n  or  family  ;  so  much  of  any  debt  which  has  accrued  by 
reason  of  the  personal  services  of  the  debtor  as  shall  not  exceed  $oO,  and  all 
benefit  i  allowed  by  any  association  of  persons  in  this  state  toward  the  sup- 
port ot"  its  members  incapacitated  by  sickness  or  infirmity,  shall  be  exempted 
from  foreign  attachment  or  execution.  Minor's  wages  not  to  be  taken  by 
process  of  foreign  attachment  for  any  debt  of  parent  while  such  minor  is 
living  apart  from  such  parent,  nor  in  any  case  where  the  debt  is  not  for 
necessaries  furnished  the  minor  or  such  parent. 

False  Pretense. — (See  ArreM.) 

Frauds,  Statutes  of. — No  c'wW  action  shall  be  maintained  upon  any  agree- 
ment, whereby  to  cliarge  any  executor  or  administrator,  vi^jon  a  special 
promise,  to  answer  damages  out  of  his  own  estate,  or  any  person  upon  any 
special  promise  to  answer  for  the  del)t,  default  or  miscarriage  of  another  ; 
or  upon  any  agreement  made  upon  consideration  of  marriage  ;  or  upon  any 
agreement  for  the  sale  of  real  estate,  or  any  interest  in  or  concerning  it,  or 
u}u)n  any  agreement  that  is  not  to  be  performed  within  one  year  from  the 
making  thereof,  unless  such  agreement,  or  some  memorandum  thereof,  be 
made  in  writing  and  signed  by  the  party  to  be  charged  therewith,  or  his 
agent. 

Garnishment. — {See  Attachment. ) 

Grace. — Not  allowed  on  notes  payable  on  demand  or  bills  payable  at  sight. 

Homestead. — {See  Exemptions.) 

Insolvent  Laws  and  Assignments. — If  a  debt  exceeding  $100  is  sued 
for,  and  no  sufficient  property  can  bo  found  to  attach,  the  creditor  can  apply 
to  the  court  of  probate  to  appoint  a  trustee  in  insolvency  of  the  debtor's  es- 
tate. A  citation  then  issues,  and  a  hearing  is  had.  If  the  petition  is  granted 
the  trustee  takes  all  the  debtor's  estate  not  exempt  from  execution  and  vol- 
untary conveyances,  and  attachments  on  m,esne  process  or  incomplete  levies 
of  execution,  commenced  within  sixty  daj^s  previous,  are  dissolved.  The 
debtor  receives  an  allowance  from  his  estate  for  the  support  of  his  family, 
provided  he  has  complied  with  the  provisions  of  the  statute  and  gives  public 
notice  tliat  he  intends  to  apply  for  such  allowance,  and  if  lie  pays  seventy 
per  cent,  of  all  claims  proved,  obtains  a  full  discharge.  Commissioners  are 
ajipointed  in  each  case  to  pass  upon  claim  presented,  with  an  appeal  to  the 
superior  ccmrt.  Three  to  six  months  are  allowed  for  proving  claims.  Prov- 
ing claim  and  accepting  dividend  does  not  operate  as  a  discharge  of  the 
de])tor. 

Preferential  assignments  are  not  allowed,  but  assignments  in  insolvency 
cran  be  voluntarily  made  by  any  one  to  a  trustee  of  his  own  selection ;  sub- 
ject to  the  substitution  of  another  by  the  court  of  probate,  if  deemed  proper. 
The  estate  is  settled  in  substantially  the  same  way  as  in  involuntary  pro- 
ceedings. 

All  debts  due  any  laborer  or  mechanic  for  personal  wages  for  labor  per- 
formed within  three  months,  are  preferred  to  the  amount  of  $100  ;  also,  the 
costs  of  incomplete  levies  of  executions  and  attachments,  which  are  dis- 
solved by  insolvency  proceedings. 
[Con.  8.1 


CONNECTICUT.  119 

Form  of  Ass  if/ II  incut  en  Jnsolcenci/. 

Statk  of  Connecticut,  } 
County  op .    ^  ' 

Kaoic  all  men  hi/  these  presents.   That ,  of ,  the of and 

state  of  Coimeeticut  in  consiik'ration  oftlie  snni  of  one  doUar  to in  liand 

paid  by ,  of in  said  state,  and  in  fnrther  c  )nsideration  of  tlio  uses 

and  trusts  hereinafter  eonfeiTtd  ui)on  and  assumed  by  said ,  do  liereby 

give,  grant,  sell,  convey,  transfer  and  assign   to   said all real  auil 

personal  estate,  debts,  demands,  claims,  and  choscs  in  action  of  every  kind 
whatsoever,  and  wlieresoever  the  same  may  be  situated,  except  what  jirop- 
erty  is  by  law  exempt  from  execution,  aud  excepting  also  the  sum  of  one 
hundred  dollars  in  cash. 

To  have  and  to  hold  the  same  to the  said in  trust  for  the  purposes 

following,  viz.  :  to  be  held,  managed  and  disposed  of  for  the  benefit  of  all 

creditors  in  proportion  to  their  respective  claims,  and  i)ursuant  to  the 

provisions  of  the  statutes  of  said  state,  in  such  case  made  and  provided. 

In  iritness  irliereof.  have  hereunto  set hand  aud seal  this 

day  of ,  A.  D.  18  — . 

Signed,  sealed   and  delivered  in  the  presence  of    )  [l.  s.  ] 
._                                     i                    ■  [L.  s.] 

State  op  Connecticut,  )  A.  D.  18 — . 

County  op .         y" 

Personally  appeared  ,  signei- —  and  sealer —  of  the  foregoing  instru- 
ment aud  acknowledged  the  same  to  be free  act  and  deed,  before  me. 

-.  Justice  of  the  Peace. 

,  Goininissioner  of  the  Superior  Court. 

Interest. — The  legal  rate  of  interest  is  six  per  cent.  Xo  penalty  for 
usury. 

Judgments. — Are  a  lien  on  real  estate  when  a  certificate  of  the  judgment 
is  lecorded  hi  the  town  where  the  land  lies.  These  liens  may  be  foreclosed 
in  the  same  manner  as  mortgages. 

Justices  of  the  Peace.— Have  jurisdiction  in  civil  causes  involving  .$100 
or  less. 

Leases. — For  more  than  one  year  must  lu>  in  writing,  acknowledged  in  the 
same  manner  as  deeds,  aud  recorded. 

Liens. — Liens  are  allowed  on  claims  of  ^2^)  or  over,  for  services  rendered 
or  materials  furnished  in  the  erection  of  any  building.  Boarding  hou.se 
keepers  have  a  lien  u]ion  the  personal  elfects  of  boarders,  and  may  .sell  after 
sixty  days. — {See  Judgments.) 

Limitations  to  Suits.— Open  accounts  and  contracts  not  under  seal,  six 
years ;  instruments  in  writing  and  ])romissory  notes  not  negotiable,  seventeen 
years;  ex])ress  contracts  not  specified,  and  of  which  there  is  no  written 
memorandum,  three  years.  Usual  exceptions  in  favor  of  married  women,  mi- 
nors, lunatics  and  those  imprisoned.  The  time  during  which  the  i)arty  against 
whom  there  may  be  such  cause  of  action  shall  be  without  the  state,  shall  be 
excluded  from  the  computation.  Title  to  real  estate  by  adverse  possession 
may  be  gained  in  fifteen  years. 

Married  Women. — By  a  law  passed  in  1877,  neitlier  husband  nor  wife  shall 
acquire  any  interest  in  the  estate  of  the  other,  by  force  of  a  marriage  contract- 

(Con.  9.1 


120  CONNECTICUT. 

ed  subsequent  to  April  20,  1877,  except  as  to  the  share  of  the  survivor  in  the 
property  of  the  other  ;  and  in  such  a  marriage,  the  sejiarate  earnings  of  the 
■wife  shall  be  her  sole  property,  and  the  wife  shall  have  power  to  make  con- 
tracts with  third  persons,  and  to  convey  to  them  her  real  or  personal  estate 
in  the  same  manner  as  if  she  were  unmarried.  All  her  property  shall  be  lia- 
ble to  be  taken  for  her  debts,  in  tlie  same  manner,  and  to  the  same  extent  as 
if  she  were  unmarried — except  tliat  the  property  of  the  husband,  when  found, 
shall  be  first  applied  to  satisfy  liabilities  incurred  for  the  support  of  the  fam- 
ily. On  the  death  of  the  husband  and  wife,  the  survivor  (except  where  by 
a  written  contract  made  before  marriage,  or  after,  either  party  has  received 
from  the  other  what  was  intended  as  a  provision  in  lieu  of  the  statutory 
share)  shall  be  entitled  to  the  use  for  life  of  one-third  in  value  of  all  the  prop- 
erty, real  or  personal,  owned  by  the  other  at  the  time  of  his  or  her  decease, 
after  the  payment  of  all  debts  and  charges  allowed  against  the  estate.  The 
right  to  such  third  can  not  be  defeated  by  will.  Where  there  is  no  will,  the 
survivor  shall  take  such  tliird  absolutely,  and  if  there  are  no  children,  shall 
take  one-half  absolutely. 

In  cases  of  marriages  contracted  prior  to  April  20,  1877,  the  husband  and 
wife  may  enter  into  a  written  contract  for  the  mutual  abandonment  of  all 
rights  of  either,  in  the  property  of  the  other,  under  previous  statutes,  or  at 
common  law,  and  for  the  acceptance  instead  thereof  of  the  rights  given  by 
act  of  1877,  and  when  such  contract  is  recorded  in  the  probate  court  of  the 
district  and  the  town  clerk's  otBce  in  the  town  where  they  reside,  the  provis- 
ions of  the  act  of  1877  shall  apply  to  such  marriages. 

In  marriages  contracted  prior  to  April  20,  1877,  the  wife  remains  under  the 
same  disabilities  as  before  the  law  of  1877  was  passed,  (unless  written  con- 
tract is  made  and  accorded  as  above-mentioned),  that  is,  her  husband  must 
join  her  in  all  conveyances  of  her  estate,  and  an  action  can  be  sustained  against 
her  only  for  torts  committed  by  lier,  and  upon  contracts  made  by  her,  upon 
her  personal  credit,  and  for  the  benefit  of  herself,  her  family,  or  her  joint  or 
separate  estate.  Contracts  which,  by  express  agreement,  charge  estate  held 
to  her  sole  and  separate  use,  may  be  enforced  against  such  estate.  Her  prop- 
erty is  not  liable  for  her  husband's  debts,  nor  can  his  interest  in  her  estate 
be  taken  for  his  debts.  Any  married  woman  may  make  a  will  subject  to  the 
marital  rights  of  her  husband. 

Dower  exists  only  in  real  estate  of  which  the  husband  was  seized  at  his 
death. 

The  husband  acquires  a  right  to  the  use  of  all  the  land  of  his  wife  during 
her  life,  and  if  he  has  a  child  by  her,  and  survives  her,  then  during  his  own 
life  as  tenant  by  curtesy. 

Personal  property  of  any  woman  married  since  June  22,  1849,  and  before 
April  20,  1877,  vests  in  her  husband  as  trustee,  to  use  the  income  during  his 
life,  subject  to  the  duty  of  expending  what  may  be  necessary  of  such  income 
for  the  support  of  his  wife  during  her  life,  and  of  their  children  during  their 
minority,  and  of  expending  any  part  of  the  principal  ^jiat  may  be  necessary 
for  the  support  of  the  wife,  or  otherwise  with  her  written  assent. 

Upon  the  death  of  th3  husband,  the  remainder  to  be  transferred  to  the  wife, 
if  living;  otherwise  as  the  wife  may  by  will  have  directed,  or,  in  default  of 
such  will,  to  those  entitled  by  law  to  succeed  to  her  intestate  estate. 

Married  woman  may  be  executrix,  trustee  or  guardian  without  consent  of 
her  husband,  and  the  husband  is  not  liable  for  her  acts  and  defaults,  unless 
such  acts  are  by  his  express  direction.  Any  married  woman  over  the  person 
and  estate  of  wliose  husband  a  conservator  1ms  been  appointed,  while  such 
appointment  is  unrevoked,  may  lease,  sell,  convey  and  have  and  exercise  all 
rights  in  and  concerning  her  estate,  in  the  same  manner  as  if  she  were  un- 
married.    [Public  Acts,  1881,  p.  93.] 

Mortgages. — ^Mortgages  of  real  estate  are  executed,  acknowledged  and 
recorded  in  the  same  manner  asdi^eds,  and  are  foreclosed  by  proceedings  in 
equity,  not  by  a  sale.  The  court  limits  a  reasonable  time,  generally  from  two 
[Con.  10.1 


CONNECTICUT.  121 

to  six  months,  for  redemption  ;  and  if  the  debt  is  not  paid  within  this  period, 
the  equity  of  redemption  is  extinguished,  and  the  jn-operty  behmgs  absolutely 
to  the  mortgagee.  The  court  may  also  orderand  enforce  the  delivery  of  pos- 
session to  the  mortgagee  on  a  foreclosure. 

If  the  maker  of  the  note  is  to  be  held  personally,  he  must  be  made  a  party 
to  the  foreclosure,  and  the  court  on  motion,  shall  appoint  three  appraisers, 
Avhose  appraisal  shall  be  conclusive  as  to  the  value  of  the  mortgaged  prem- 
ises. 

The  mode  of  dischargmg  mortgages  is  by  a  quit  claim  deed  from  the  mort- 
gagee. 

Form  of  Conditions  for  Mortgage  Deed. 

(1)     TJie  condition  of  this  deed  is  sucJi.  That  whereas  the  said  grant  or 

justly  indebted  to  the  said  grantee  in  the  sum  of dollars,  as  evidenced 

by promissorj'-  note —  of  even  date  herewith,  payable  to  the  said  grantee 

or  order . 

yoic,  tJicrefore,  If  said  note —  shall  be  well  and  truly  paid  according  to 

tenor,  then  this  deed  shall  be  void  ;  otherwise  to  remain  in  full  force  and 

effect.     (2) 

ACKJfOWLEDGMEXT. 

State  of  Connecticut,    )  «    t^   io 

County  of  .         S  ^^-  ^-  ^^~- 

Personally  appeared ,  signer  and  sealer  of  the  foregoing  instrument, 

and  acknowledged  the  same  to  be free  act  and  deed,  before  me. 

• ,  Notary  Public^  ^ 

,  Justice  of  the  Peace,  or  >    as  the  case  may  he. 

,  Commissioner  of  the  Superior  Court.    ; 


Notes  and  Bills, — Promissory  notes  for  the  payment  of  money  only,  pay- 
able to  any  person,  or  his  order,  or  to  bearer,  are  negotiable.  Negotiable  de- 
mand notes  are  deemed  overdue  and  dishonored  after  four  months.  When 
the  third  day  of  grace  falls  upon  a  holiday  or  Sunday,  presentation  for  pay- 
ment shovild  be  made  on  the  next  preceding  secular  or  business  day. 

Judgment  notes  (so  called)  are  not  allowed. 

Xo  particular  form  of  note  is  recommended. 

Oaths  and  A&diZMi%&.— {See  Affidavits.) 

Practice. — Is  governed  by  the  code  adopted  in  1879,  superceding  tlie  com- 
mon law  practice  in  force,  until  that  date 

Proof  of  Claims. — No  special  form  is  required.  Claims  presented  for  al- 
lowance against  au  estate  should  be  sworn  to,  though  failure  to  do  so,  will 
not  prevent  an  allowance  of,  or  hearing  on  a  claim  presented  in  due  time. 

Recording. — {See  Deeds,  etc.) 

Redemption.— (-Se*?  Mortgages.) 

Replevin. — Picplevm  lies  for  the  recovery  of  personal  property  unlaw- 
fully detained. 

Seal- — All  deeds  of  lands,  or  any  interest  therein,  for  more  than  one  year 
must  be  under  .seal.  The  letters  '*L.  S."  with  scroll,  constitute  a  sufficient 
seal. 

[Coil,  ll.j 


122  CONNECTICUT. 

Security  for  Costs  and  other  Uhdertakings, — Non-resident  plaintiffs 
are  required  to  furnish  bonds  for  prosecution  with  resident  surety. 

Stay  of  Execution. — Execution  will  he  stayed  in  the  case  of  a  judgment 
rendered  against  an  executor  or  administrator,  on  the  settlement  of  an  insol- 
vent estate  ;  in  case  of  foreign  attachment,  when  it  shall  appear  on  the  hear- 
hig  of  the  scire  facias  that  the  debt  due  to  the  principal  is  not  yet  payable  ; 
upon  a  judgment  for  a  mortgagee  in  ejectment,  pending  a  foreclosure  of  the 
mortgage  ;  and  upon  a  motion  for  a  new  trial,  or  proceedings  in  error,  at  tne 
discretion  of  the  court. 

Wages. — {See  Exemptions,} 

"Wills. — Must  be  atte.sted  by  three  witnesses. 

Witnesses. — No  party  is  disqualified  from  being  a  witness,  in  any  cause  in 
which  he  may  be  interested,  but  such  interest  may  be  sh(jwn  to  affect  his. 
credibility. 


[Con.  12.  J 


CONNECTICUT. 


123^ 


ATTORNEYS    IN    CONNECTICUT. 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  populatiou. 
Flfiures  after  names  when  admitted  to  Bar.       A  star  (*)  Notaries  Public. 
A  double  dajrger  (I)  our  Compiler  of  Ijaws. 
A  dagger  (t)  former  reeonimendations  withdrawn. 


PLACE. 

Andover 

Aiisonia 

Barklianisted 

Berlin 

Bloomfield 

15ranford 

Bridgeport 

Birmingham 

Bristol 

Brooktield 

Brooklyn 

Bifckland 

Canaan 

Cheshire 

Chester 

Clinton 

Colchester 

Collinsville 

Cornwall 

Coventry 

Danbury 

Derby 

Durhani 

East  Iladdam 

East  Hampton 

East  Hartford 

Enfield 

Essex 

Fairfield 

Fair  Haven 

Gaylordsville 

Glastonbury 

Granby 

Green's  Farms 

Greenwich 

Griswold 

Groton 

Guilford 

Hadlyme 

Hamden 

Hampton 


COUNTY. 

Tolland 
New  Haven 
Litchfield 
Hartford 
Hartford 
New  Haven 

Fairfield 

New  Haven 

Hartford 

Fairfield 

Windham 

Hartford 

Litchfield 

New  Haven 

Middlesex 

Middlesex 

New  London 

Hartford 

Litchfield 

Tolland 

Fairfield 

New  Haven 

^Middlesex 

^Middlesex 

Middlesex 

Hartford 

Hartford 

Middlesex 

Fairfield 

New  Haven 

Litchfield 

Hartford 

1  f  artford 

Fairfield 

Fairfield 

New  London 

New  London 

New  Haven 

New  London 

New  Haven 

Windham 


NAME   OF    ATTORNEYS.      POPULA'n 


M.  P.  Yoemans. 
.T.  D.  Ballou. 

C.  P.  Ives. 
F.  A.  Brown. 
H.  R.  Mills, 
.loseph  C.  Shaikey. 

^  .JOSEPH  A.  JOYCE.* 
'(  Stiles  Judson,  Jr.  '85 

(See  Sheltoii.) 

Newell  ifc  .Jennings. 

Samuel  Shernian. 

Jjonis  13.  Cleveland. 

Chas.  H.  Owen. 

L.  P.  Dean. 

Geo.  Hine. 

T.  I.  Clarke. 

D.  L.  Peck. 

E.  S.  Day. 

F.  M.  Mills. 

L.  J.  Nickerson. 
A.  .J.  Turner. 
S.  Tweedy. 
W.  E.  Downs. 


G.  Newton. 

Attwood. 

Hall. 

S.  Bryant. 

W.  .Johnson. 
.James  Phelphs. 
W.  B.  Glover. 
C.  S.  Bushnell. 
E.  S.  Merwin. 
W.  S.  Goslen. 
W.  C.  Case. 
A.  Relyea. 
H.  W.  R.  Hoyt. 
H.  H.  Burnham. 
.John  J.  Clapp. 
H.  T.  Walker. 
H.  Wiley. 
C.  S.  Everest. 
C.  F.  Cleveland. 


3,855 
1,300 
2,385 
1,346 
3,048 

27,643 

3,026 
2,763 
1,151 
2,308 

200 

800 
2,284 
1,177 
1,412 
1,415 
1,376 
1.584 
2,044 
11,669 
11,646 

980 
3,034 

737 
3,500 
6,756 
1,279- 
3,748 
1,528 

242- 
3,580 
1,349 

45^ 
1,576 
2,745 
5,130 
1,450 

40:? 
3,410 

157 


124 


CONNECTICUT. 


PLACE. 

COUNTY. 

NAMES   OF  ATTORNEYS.      POPULA'N. 

Hartford 

Hartford 

Stephen  Terry, 

309  Main  Street. 
See  Card  in  Appendix,  page  iv. 

42,553 

Killiiiohy 

Windham 

E.  Martin. 

6,921 

Litchfield 

Litchfield 

Hon.  Chas.  B.  Andrews. 

1,090 

jNIerideu 

New  Haven 

Geo.  W.  Smith.  '58 

15,540 

Middletown 

Middlesex 

D.  J.  DONAHOE. 

6,826 

Milford 

New  Haven 

G.  M.  Gunn. 

3,346 

Mystic 

New  London 

Chas.  Perrin. 

384 

Mystic  River 

New  London 

L.  Clift. 

1,169 

Nangatiick 

New  Haven 

John  M.  Sweeney. " 

4,281 

New  Britain 

Hartford 

P.  J.  Markley. 

11,800 

New  Hartford 

Litchfield 

F.  A.  Jewell. 

1,670 

!New  Haven 

Hartford 

1:Wright,  Wm.  A. 

15:3  Church  Street. 
See  Card  in  Aj^pendix,  page  iv. 

SMITH,  HON.  GEO.  W. 
\Bahcock,  FrerVk  V/. 

78  Orange  Street. 

62,882 

Newington 

Hartford 

P.  Wells. 

934 

New  London 

New  London 

Waller,  Tibbitts  &  Waller. 

10,537 

New  jMiltord 

Litchfield 

F.  W.  Marsh. 

1,417 

Norfolk 

Litchfield 

C.  E.  Bristol. 

1,415 

North  Haven 

New  Haven 

E.  L.  Linsley. 

1,763 

Norwalk 

Fairfield 

J.  A.  Gray. 

5,308 

Norwich 

New  London 

CHAS.  E'.  BLUMLEY.  '84 

15,112 

Plymouth 

Litchfield 

H.  B.  Plumb. 

649 

Portland 

Middlesex 

J.  M.  Murdock. 

4,162 

Putnam 

Windham 

G.  W.  Phillips. 

5,828 

Sandy  Hook 

Fairfield 

Wm.  O'Hara. 

840 

Saybrook 

Middlesex 

A¥.  F.  AVilcox. 

1,363 

Sharon 

Litchfield 

W.  Baker. 

2,580 

Simsbury 

Hartford 

Geo.  P.  McLean. 

1,833 

Southin(>ton 

Hartford 

M.  H.  Holcomb. 

5,410 

South  Norwalk 

Fairfield 

R.  Frost. 

3,726 

Southport 

Fairfield 

Charles  M.  Gilnian. 

958 

Stafford  Springs 

Tolland 

W.  A.  King. 

2,081 

Stamford 

Fairfield 

G.  A.  Carter,  Jr. 

2,540 

Stonington 

New  London 

H.  A.  Hull. 

1,755 

Stratford 

Fairfield 

V.  R.  C.  Giddings. 

4,251 

Suffield 

Hartford 

L.  N.  Austin. 

3,225 

Thomaston 

Litchfield 

Bradstreet  &  Etheridge. 

3,226 

Thompsonville 

Hartford 

John  Hamlin. 

3,796 

Tolland 

Tolland 

E.  S.  Agard. 

229 

Torrino'ton 

Litchfield 

G.  H.  Welch. 

3,327 

Trunibill 

Fairfield 

R.  C.  Ambler. 

1,323 

Walling-ford 

New  Haven 

L.  M.  Hubbard. 

3,017 

Waterbury 

New  Haven 

J.  O'Neill,  Jr. 

17,806 

Watertown 

Litchfield 

C.  B.  Atwood. 

1,896 

Westbrook 

Middlesex 

D.  A.  AV right. 

878 

Wethersfield 

Hartford 

S.  W.  Adams, 

2,172 

AVinsted 

Litchfield 

F.  D.  Tyler. 

2,475 

AVilton 

Fairfield 

T.  J.  Hubbell. 

1,864 

Windham 

Windham 

E.  B.  Sumner. 

8,268 

Windsor 

Hartford 

T.  M.  Roberts. 

3,056 

Windsor  Locks 

Hartford 

J.  AV.  Johnson. 

2,331 

Woodbridge 

New  Haven 

W.  H.  Clark. 

830 

AVoodbury 

Litchfield. 

Huntington  &  AVarner. 

2,149 

Woodstock 

Windham 

G.  S.  F.  Stoddard. 

3,638 

CONNECTICUT. 


125. 


BANKS    IN    CONNECTICUT. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  of  one 
banli  in  each  countyof  tliis  state  in  ■wliich  such  a  banlcing  institution  is  located. 


Aiisonia 

Birmingham 

Bridgeport 

Bristol 

Brooklyn 

Clinton 

D anbury 

Danielsonville 

Deep  River 

East  Haddam 

Essex 

Falls  Village 

Hartford 

Litchfield 

Meriden 

Middletown 

Mystic  Bridge 

Mystic  River 

Nangatuck 

New  Britain 

New  Canaan 

New  Haven 

New  London 

New  Millbrd 

Norwalk 

Norwich 

Portland 

Putnam 

Rockville 

Southington 

South  Norwalk 

Southport 

Stafford  Springs 

Stamford 

Stonington 

Stuffield 

Thompson 

Thompsonville 

Wallingford 

Waterbury 

Westport 

West  Winsted 

Willimantic 

Winsted 


NAME   OF   BANK. 

Ansonia  National  Bank 
Birmingham  National  Bank 
Bridgeport  "  " 

Bristol  '•  " 

Windham  County  Nafl  Bk 
Clinton  National  Bank 
Danbury  National  Bank 
First  Nat'l  Bk,  of  Killingly 
Deep  River  National  Bank 
Nat'l  Bk,  of  New  England 
Saybrook  Bank 
National  Iron  Bank 
Hartford  National  Bank 
First  National  Bank 
Home         "  " 

First  " 

Mystic  River  National  Bank 
Nangatuck  National  Bank 
New  Britain  National  Bank 
First  National  Bank 
Second  National  Bank 
Union  Bank 
First  National  Bank 
Fairfield  County  Nat.  Bank 
First  National  Bank 


Southington  National  Bank 
City  National  Bank 
Southport  National  Bank 
Stafford  National  Bank 
First 


Thompson    "  " 

Thompsonville  Trust  Co. 
First  National  Bank 
Waterbuiy  National  Bank 
First  National  Bank 
Ilurlbut  National  Bank 
First  National  Bank 


PAID  VF 

CASHIER. 

CAPITAL. 

Fred.  M.  Drew. 

$  200,000 

Charles  E.  Clark. 

300,000 

F.  N.  Bendham. 

215,850 

C.  S.  Treadway. 

100,000 

.John  P.  Wood. 

108,300 

E.  E.  Post. 

75,000 

.Jabez  Amsbury. 

327,000 

H.  N.  Clemons. 

110,000 

Gideon  Parker. 

150,000 

Thomas  Gross,  .Jr. 

133,000 

Louis  P.  Parker. 

100,000 

Dwight  E.  Dean. 

200,000 

W.  S.  Bridgeman. 

1,200,000 

George  E.  .Jones. 

200,000 

.J.  S.  Norton,  Jr. 

(300,000 

.J.  N.  Camp. 

200,000 

Elias  P.  Randall. 

150,000 

Henry  B.  Noyes. 

100,000 

Arthur  H.  Dayton. 

100,000 

A.  .J.  Sloper. 

310,000 

S.  Y.  St.  John. 

100,000 

Charles  A.  Sheldon. 

1,000,000 

.J.  L.  Chew. 

300,000 

H.  S.  Mygatt. 

135,000 

Lester  S.  Cole. 

300,000 

Lewis  A.  Hide. 

500,000 

•John  H.  Sage. 

150,000 

.Jno.  A.  Carpenter. 

150,000 

John  H.  Kite. 

200,000 

L.  Iv.  Curtis. 

250,000 

Jacob  M.  Layton. 

100.000 

0.  T.  Sherwood. 

100,000 

R.  S.  Hicks. 

200,000 

A.  R.  Turkington. 

200,000 

N.  A.  Pendleton. 

200,000 

A.  Spencer,  .Jr. 

200,000 

Charles  Arnold. 

100,000 

Willis  Gowdy. 

25,000 

Wm.  H.  Newton. 

150.000 

A.  M.  Blakesley. 

500,000 

B.  L.  Woodworth. 

300,000 

Henry  Gay. 

205,000 

O.  H.  K.  Risley. 

100,000 

Frank  D.  Hallett. 

100,000 

TERRITORY  OF 

DAKOTA. 

SUMMARY   OF 

CoivLKCTioN    Laws. 

•Court  Calendak,  Instructions  for  taking   Depositions,  Legal  Forms,  Etc. 
Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "  Showers' 
Legal  Directory  and  Merchants'  Guide."  for  1888,  by 
F.  V.  Barnes,  of  the  Bismarck  Bar. 

Acknowledgments.— (/See  Deeds.) 

Actions. — All  distinction  between  actions  at  law  and  suits  in  equity  are 
abolished.  There  is  but  one  form  of  action  for  the  protection  of  private 
rights,  and  the  redress  of  private  wrongs,  and  that  is  denominated  a  civil 
action.     (C.  C.  P.,  §  33.) 

Every  action  must  be  i^rosecuted  in  the  name  of  the  real  party  in  interest, 
except  that  an  executor,  administrator,  or  trustee  of  an  express  trust,  or  a 
person  expressly  authorized  by  statute,  may  sue  or  defend  without  joining 
"with  him,  the  person  for  whose  benetit  the  action  is  prosecuted  or  defended. 

Civil  actions  in  courts  of  record  must  be  commenced  by  the  service  of 
summons. 

Statutory  costs  are  allowed  the  prevailing  party  in  all  civil  actions,  except 
to  the  plaintiff  in  a  judgment  upon  a  written  contract,  executed  prior  to  the 
act  of  March  1883,  whereby  the  debtor  has  contracted  for  the  payment  of 
attorney's  fees.  Attorney's  fees  contracted  for  by  a  debtor,  in  writing,  must 
be  allowed  by  the  court,  in  conformity  to  the  instrument,  and  must  form  a 
I)art  of  the  judgment.     (C.  C.  P.,  §§  377-378.) 

In  cases  in  which  the  plaintiff  is  a  non-resident,  he  must  furnish  security 
for  costs.  The  surety  must  be  a  resident  of  the  county  where  the  action  is 
to  be  brought. 

Affidavits. — (See  Oaths  and  Affidavits.) 

Aliens. — Aliens  may  take  by  succession,  buy,  hold  and  dispose  of  real 
or  personal  property  within  the  territory,  the  same  as  a  citizen  thereof. 

Appeals. — (See  Courts.) 

Arrest  and  Bail. —  {See  Protisional  Remedies.) 

Assignments  by  Insolvent  Debtors, — An  insolvent  debtor  may,  in  good 
faith,  by  an  instrument  iu  writing,  subscribed  and  acknowledged  by  the  as- 
signor, and  recorded  in  the  manner  prescribed  for  the  acknowledgment  and 
recording  of  transfers  of  real  estate,  transfer  property  to  one  or  more  as- 

[Dak.  1.] 


DAKOTA  TERRITORY.  127 

signees,  in  trust,  towards  the  satisfaction  of  all  his  creditors,  subject  to  the 
provisions  ot"  the  civil  code,  in  relation  to  fraudulent  transfers  and  trusts, 
l)ut  no  levy  of  an  attachment  or  execution  is  effected  by  such  an  assign- 
ment. 

Attacllinent. — (See  Procisianal  Remedies.) 

Banks  and  Bankers. — (^See  Corporations.) 

Bills  of  Exchange  and  Promissory  Notes. — {See  '' JVegotinble  Instn.i- 
me  ids." 

Bills  of  Lading. — Bills  of  lading  are  negotiable,  and  if  made  to  bearer, 
or  equivalent  terms,  a  simple  transfer  thereof  conveys  same  title  as  indorse- 
ment. 

Chattel  Mortgages. — All  mortgages  of  personal  property  must  be  in 
•writing,  subscribed  by  the  moitgagor,  in  the  presence  of  two  persons,  who 
must  sign  the  same  as  witnesses  thereto,  and  no  other  proof  or  acknowledg- 
ment is  necessary. 

Such  mortgages  are  void  as  agninst  creditors  and  subsequent  purchasers, 
or  incumbrances  in  good  faith  for  value,  unless  tlie  original  or  an  authenti- 
cated copy  thereof  is  tiled  in  the  office  of  the  register  of  deeds  of  the  county 
where  the  mortgaged  ^iroperty  or  any  part  thereof  is  situated.  When  so 
executed  and  filed,  such  mortgage  becomes  and  remains,  unless  sooner  satis- 
fied, a  lien  upon  the  property  therein  describetl.for  the  period  of  three  years 
from  the  date  of  filing,  and  such  mortgages  may  be  renewed  for  the  further 
I)eriod  of  three  years,  if  tiie  mcntgagee  or  his  assignee  shall,  within  thirty 
-days  next  preceding  the  expiration  of  the  original  tei'ni  of  three  years,  file  a 
true  copy  of  the  mortgage,  together  with  a  sworn  statement  of  the  amount 
of  the  existing  debt  for  which  he  claims  a  lieu ;  and  such  copy  and  sworn 
statement  must  be  so  filed  eveiy  three  years,  or  the  mortgage  ceases  to  be 
valid  as  against  creditors,  subsequent  ptirchasers,  eti;.,  as  aforesaid. 

Foreclosure. — When  the  mortgage  debt  or  any  part  thereof  becomes  due, 
or  if  the  mortgagor  voluntarily  removes  or  permits  the  removal  of  the  mort- 
gaged property  from  the  county  in  which  it  was  situated  at  the  time  it  was 
moilgaged,  the  mortgagee  or  his  assignee  may  proceed  to  foreclose  the  same 
by  action,  as  provided  by  the  code  of  civil  procedure,  or  by  a  public  sale  of 
the  property  upon  tea  days'  notice.  Such  attorney's  fees  as  are  specified  in 
the  mortgage  luay  be  collected  ujion  the  foreclosui'e  if  the  mortgage  is 
foreclosed  by  an  attorney  of  record  of  the  territoiy,  and  his  name  appears  as 
attorney  upon  the  notice  of  sale.  Tlie  mortgagee  or  his  a.ssiguee  may  be  a 
purchaser  at  the  sale.     (Act  of  ]V[arcli  lo,  1885.) 

Property  may  be  attached. — Personal  property  mortgaged  may  be  attached 
by  a  creditor  of  the  mortgagor  ;  but  before  the  levy  is  made  under  the  writ 
of  attachment,  the  officer  must  pay  or  tender  to  the  holder  of  the  mortgage, 
the  amount  of  the  mortgage  debt  with  interest,  or  nuist  deposit  the  same 
with  the  county  treasurer,  payable  to  the  order  of  such  holder ;  otherwise 
the  officer  is  responsible  for  the  full  amount  of  the  mortgage  debt. 

Title  acquired  by  a  mortgagor,  subsequent  to  the  execution  of  the  mort- 
gage, inures  to  the  mortgagee  as  .security  for  the  debt,  in  like  m.anner  as  if 
acquired  before  the  execution.  Thus  a  chattel  mortgage  may  be  given  upon 
a  crop  to  be  grown  upon  a  certain  tract  of  land,  during  a  certain  season, 
and  if  any  such  crop  be  grown,  the  lieu  on  the  mortgagee  will  attach  thereto. 

Form  of  Chattel  Mortrjage. 

This  mortgage,  made  the day  of ,  in  the  year ,  by  A.  B.,  of 

,  by  occupation  a ,  mortgagorto  C.  D.,  of ,  by  occupation  a , 

mortgagee,   witnesseth*  That  the  moi-tgagor  mortgages  to  tlie  mortgagee, 
(here  describe  the  property)  as  security  for  the  payment  to  him  of  — ^—  dol- 
lars, on  (or  before)  the day  of ,  in  the  year  —  ,  with  interest  there- 
on, or  as  security  for  the  payment  of  a  note  or  obligation,  describing,  etc. 
[Dak   2. 


128  DAKOTA  TERRITORY. 

Claims  against  Decedent's  Estate — Every  executor  or  administrator  must 
imuietliately  after  appoiutmeut,  publish  in  some  newspaper  in  the  county,  if 
there  be  one,  if  not  in  sucli  paper  as  may  be  designated  by  probate  judge,  not 
less  tlian  once  a  week  for  four  weeks,  a  notice  that  all  claims  must  be  pre- 
sented to  him  with  vouchers,  within  such  time  as  specified  in  notice,  six 
months  after  first  publication,  if  estate  exceeds  five  thousand  dollars,  if  less, 
four  months.  All  claims  not  presented  in  such  time,  are  barred  forever,  ex- 
cept if  they  be  not  then  due,  or  if  contingent,  they  may  be  presented  with- 
in one  month  after  due  or  absolute  ;  or  if  it  appear  by  the  affidavit  of  the 
claimant,  to  satisfaction  of  the  executor  or  administrator,  and  the  probate 
judge,  that  he  had  no  notice  by  reason  of  being  out  of  the  territory,  they  may 
be  presented  before  a  decree  of  distribution  is  entered.  A  claim  for  a  defi- 
ciency remaining  unpaid  after  a  sale  of  the  property  of  the  estate  mortgaged 
or  pledged,  must  be  presented  within  one  month  after  such  deficiency  is  as- 
certained. Nothing  in  this  law  shall  apply  to  mortgages,  except  that  no  bal- 
ance of  the  debt  remaining  vmpaid,  secured  by  svich  mortgage  after  foreclos- 
ure, shall  be  a  claim  against  the  estate,  vinless  such  debt  was  presented  as 
required  by  the  code.  Claims  must  be  supported  by  aflidavit. 

Corporations. — Domestic. — Private  corporations  can  be  formed  by  three 
or  more  persons,  under  general  incorporation  acts  only.  Legislature  cannot 
grant  isrivate  charters  or  privileges.  The  articles  of  incorporation  must  be 
subscribed  by  three  or  more  persons,  one-third  of  whom  must  be  residents 
of  this  territory,  and  acknowledged  by  each,  before  some  officer  authorized 
to  take  acknowledgments  of  conveyances  of  real  estate,  and  when  so  sub- 
scribed and  acknowledged,  must  be  filed  with  the  secretary  of  the  territory. 
The  secretary  of  the  territory  must  issue  to  the  corporation,  a  certificate  that 
the  articles  have  been  so  filed,  and  that  they  contain  the  necessary  statement. 
of  facts,  and  thereupon  the  persons  signing  such  articles  shall  be  a  body  . 
politic  and  corporate. 

Each  stockholder  of  a  corporation  is  individually  liable  for  the  debts  of  the 
corporation,  only  to  the  extent  of  the  amount  that  is  unpaid  upon  the  stock 
held  by  him.  The  term  stockholder  as  here  used,  shall  apply  not  only  to 
such  persons  as  appear  by  the  books  of  the  corporation  to  be  such,  but  also 
to  every  equitable  owner  of  stock,  although  the  same  appear  on  the  books 
in  the  name  of  another.     (C.  C,  g§  384^18.) 

Foreign. — No  coi-poration  created  or  organized  under  the  laws  of  any  other 
state  or  territory,  except  corporations  or  associations  created  for  religious  or 
charitable  purposes  solely,  shall  transact  any  business  within  this  territoiy, 
or  acquire,  hold  and  dispose  of  property,  real,  personal  or  mixed,  within  this 
territory,  until  such  corporation  shall  have  filed  and  recorded  in  the  office  of 
the  secretary  of  the  territory,  a  duly  authenticated  copy  of  its  charter  or 
articles  of  incorporation.  Such  corporations  shall  appoint  an  agent,  whcf 
shall  reside  at  some  accessible  point  in  this  territory,  in  the  county  where  the 
principal  business  of  such  corporation  is  carried  on,  duly  authorized  to  accept 
service  of  process,  and  upon  which  service  of  process  may  be  made  in  actions 
wherein  such  corporation  is  a  party.  An  authenticated  copy  of  such  appoint- 
mei\t  or  commission  shall  be  filed  and  recorded  in  the  office  of  the  register  of 
deeds  of  such  county,  and  of  the  secretary  of  the  territory. 

Costs. — {See  Actions.) 

Courts. —  Terms  and  Jnrisdiction  of — The  courts  of  this  territory  are  the 
supreme  court,  district  courts,  probate  courts  and  courts  of  justices  of  the 
peace. 

Supreme  Court. — The  original  jurisdiction  of  the  supreme  court  extends 
to  the  writs  of  mandamus,  certiorari  and  prohibition,  and  all  other  writs 
necessary  to  the  exercise  of  its  appellate  jurisdiction*;  and  this  court  has  ex- 
clusive appellate  jurisdiction  to  review  uptm  appeal  every  actual  determina- 
tion made  at  any  regular  or  special  terms  of  the  district  courts. 

[Dak,  3.] 


DAKOTA   TERRITORY.  129 


Dlt^trict  Courts  liavo  cxi-Uisivc  original  jurisdiction  in  all  actions  at  law  or 
in  equity  where  the  amount  claimed  exceeds  one  Inmdred  dollars  ;  where  the 
title  to  real  i>roperty  is  in  question,  and  in  all  actions  lor  divorce.  Tliey  also 
have  jurisdiction  of  appeals  from  justices'  courts  and  from  all  judgments, 
decrees  or  order's  of  the  jtrobate  courts  or  other  inferior  officers  or  tribunals  ; 
and  also  have  power  to  issue  writs  of  habeas  corpus,  mandamus,  injunction, 
quo  warranto  and  certiorari. 

Probate  CoHrishuxe  jui-isdiction  to  open  and  receive  proof  of  wills,  and 
to  admit  them  to  proof  and  to  allow  and  record  foreign  wills.  These  courts 
have  the  general  control  of  the  administration  and  settlement  of  the  estates 
of  deceased  persons,  minors,  and  insane  persons,  including  the  appointment 
and  removal  of  administrators  and  guardians. 

Justices'  Courts  have  jurisdiction  to  try  and  detemiine  all  actions  for  the 
recovery  of  money,  where  the  amount  claimed  does  not  exceed  one  hundred 
dollars  (and  to  recover  the  i.ossession  of  pt-rsonal  i)roperty,  where  the  value 
thereof  does  not  exceed  one  hundred  dollars),  and  actions  for  forcible  entry 
and  detainer  or  of  detainer  only  of  real  property,  where  the  title  or  boundary 
thereof  in  nowise  comes  in  question. 

Court  Calendar. — 

iSUPREME  COURT. 

Chief  Jusfire:  Bartlett  Tripp  of  Yankton.  Axxocintc  Justices:  C.  S.  Palmer,  Sioux 
Falls:  "VV'iii.  II.  Francis,  Bismarck;  Wm.  B.  McConnell,  Fargo ;  Chas.  M.  Thomas, 
Deadwood  ;  and  James  Spencer,  Huron.  U.  <S'.  Marshall:  D.  W.  Maratta.  U.  S. 
Attorney :  John  E.  Carland,  Bismarck.     Clerk  of  Court:  J.  H.  C.  Young,  Yankton. 

Terms.— Xt  Bismarck  1st  Tuesday  of  February.  At  Yankton,  2d  Tuesday  of  May  f 
At  Deadwood,  1st  Tuesday  of  October. 

DISTRICT  COURTS. 
The  general  terms  for  the  various  counties  are  held  as  follows  :— 
First  Di.stkict.— Chas.  M.  Thomas,  Judpe.    Pennington  at  Rapid  City.  Sd  Tues- 
day of  May,  and  -Ith  Tuesday  of  Octolier.    Custor  at  Custer,  '2.0.  Tuesday  of  June,  and 
ad  Tuesday  of  October.    Fall  River  at  Hot  Springs,  3d  Tuesday  of  June.    Lawrence 
at  Deadwood,  1st  Tuesday  of  January  and  August. 

Second  District.— Bartlett  Tv\\tx),  Judge.  Yankton  at  Yankton,  1st  Tuesday  of 
April,  and  2d  Tuesday  of  November."  Bon  Homme  at  Bon  Homme,  2d  Tuesday  of 
September.  Charles  Mix  and  Douglass  at  Wheeler,  time  fixed  by  judge.  Hutchin- 
son at  Olivet,  time  fixed  by  judge.  Miner  at  Howard,  1st  Tuesday  of  jMay.  Hanson, 
Davison  and  Aurora  at  Alexandria,  2d  Tuesday  of  June.  Brule,  BufTalo,  Lyman, 
Presho,  Meyer,  Tripp  and  Gregory  at  Chamberlain,  time  fixed  by  judge. 

Tiiinn  District.— Wm.  B.  McConnell,  Judge.  Cass  at  Fargo,  1st  Tuesday  in 
June  and  December  Pembina  and  Cavalier  at  Pembina.  1st  Monday  in  April  and 
October.  Grand  Forks  and  Walsh  at  Clrand  Forks,  L'd  Tuesday  of  April  and 
October.  Ransom  at  Liston,  2d  Tuesday  of  iMarch.  Traill  at  Caledonia,  od  Tuesday 
of  April  and  October.  Nelson  at  Dakota,  'kl  Monday  of  August.  Ricliland  at  Wah- 
peton,  4th  Tuesday  of  March  and  1st  Tuesday  of  October.  Sargent  at  Milnor,  time 
fixed  by  judge.    Ramsey  and  Towner  at  Devil's  Lake,  time  fixed  by  judge. 

ForRTH  District. — C.  S.  Palmer,  Judpe.  Clay  at  Vermillion.  1st  Tuesday  of 
February  and. id  Tuesday  of  .September.  Union  at  Elk  Point,  od  Tuesday  of  Febru- 
ary and  1st  Tuesday  of  September.  Turner  at  Swan  Lake,  4th  Tuesday  of  February 
and  September.  Lincoln  at  Canton.  2d  Tuesday  of  March  and  8d  Tuesd.ay  in  Octo- 
ber Minnehaha  at  Sioux  Falls,  2d  Tuesday  of  April  and  November.  McCook  at 
Salem,  4th  Tuesday  in  May.  Lake  at  Madison,  1st  Tnesday  of  June.  Moody  at 
Flaudrau,  .3d  Tuesday  of  June  and  1st  Tuesday  of  Januar^. 

Fifth  District.— James  Spencer,  ./i/c/ry.  Brookings  at  Brookings,  2d  Tuesday 
of  June  and  December.  Kingsbury  at  DeSmet,  3d  Tuesday  of  June  and  Decem- 
ber. Coddington  at  Watertown,  I'st  Tuesday  of  June  and  December.  Deuel  at 
Gary,  4th  .Monday  of  May.  Hamlin  at  Spauldlng,  4th  Tuesday  of  November. 
Hughes  at  Pierre,  2d  Tuesday  of  April  and  September.  Hand  at  Miller,  4th  Tues- 
day of  April  and  3d  Tuesdav  o(  October.  Beadle  at  Huron,  1st  Tuesday  of  May 
and  October.  Spink  at  Ashton,  2d  Tuesdav  of  January  and  July,  Brown  at 
Columbia,  3d  Tuesday  of  Januarv  and  July,  Grant  at  Milbank,  od  Tuesday  of 
March  and  November.  Edmuinls,'McPh(»rson,  Wolworth  and  Campbell  at  Ipswich, 
2d  Tuesdav  of  September.  Tlvde,  ."d  Tuesdav  of  September,  place  to  be  fixed  by 
Judge.  Sully  at  Clifton.  4th  Tuesdav  of  October  Marshall  and  Day  at  Webster,  2d 
Tuesday  of  August.  Potter  at  Forest  Citv,  3d  Tuesday  of  February,  Faulk  at 
Faulkton.  1st  Tuesdav  of  September  and  4th  Tuesdav  of  .lanuary.  Clark  at  Clark, 
1st  Tuesday  of  February  and  3d  Tuesday  of  August.  Other  counties  to  be  provided 
for  as  judge  may  see  fit. 

[Dak,  4.] 


130  DAKOTA   TERPvITORY. 

SiXTU  DisTKicT.— Will.  II.  Francis,  Judge  IJurleigli,  Emmons,  Mcl.ean,  Stev- 
ens, Bowman,  Slieridun  and  (iarfield  at  Bismarck,  1st  Tuesday  of  March  and  Sei)- 
tember.  Morton,  Hettinger,  Oliver,  Williams  and  Mercer,  at  Mandan,  1st  Tuesday 
of  August  and  .January.  Kidder  and  Logan,  at  Steele,  term  fixed  by  judge.  Stuts- 
man and  La  Moure,  at  Jamestown,  2d  Tuesday  of  May  and  November.  Barnes,  at 
Valley  Citv,  last  Tuesday  of  June.  Benson,  Rolette,  Bottineau  and  De  Smet,  at 
Mlnnewaukon,  term  fixed  by  judge.  Dickey  and  Mcintosh,  at  EUendale,  term  fixed 
by  judge.  Griggs  and  Steele,  at  Cooperstown,  2d  Tuesday  in  June.  Ward,  Renville, 
Mountraille,  Klannerv,  Buford,  McHenry  and  Wynn,at  Burlington,  term  fixed  by 
judge.  Stark,  Bowman,  Villard,  Billings.  Dunn,  McICenzie,  AUred  and  Wallace,  at 
Dickinson,  term  fixed  by  judge.  Foster,  Wells  and  ii^ddy,  at  Carrington,  term  fixed 
by  judge. 

Curtesy  and  Dower,— Al)()li.slie(l. 

Deeds. — Estates  in  real  property,  othbr  tlian  at  -vrill,  or  for  a  tenii  not  ex- 
C  ecling  one  year,  can  only  be  transferred  liy  operation  of  law,  or  l)y  an 
i.istrunient  in  writing-,  executed  l)y  the  party  disposing  thereof,  or  by  his 
agent  thereunto  authorized  by  writing. 

Deeds  or  grants  of  laud  may  be  made  by  either  husband  or  wife  without 
the  other  joiniug  therein,  except  in  ease  of  the  transfer  of  the  homestead,  in 
wiiich  case,  if  the  owner  be  married,  husband  and  wife  must  join  in  the  exe- 
tion  of  the  deed.     Deeds  may  be  made  V>y  wife  to  luisband  and  eke  versa. 

Certificates  of  acknowledgment  should  be  in  the  following  form  : 

State  or  Tkhuitouy.  } 
COL^TY  OK — .  i'"' 

On  this day  of A.  D.  18 — ,  before  me  (liere  insert  name  and  title  of 

officer)  pei'soually  ajjpeared known  to  me   (or  proved  to  me  on  the  oath 

of )  to  be  the  person  who  is  deseribetl  in  and  who  executed  the  within  in- 

strumeul,  and  acknowledged  to  me  that  he  (or  they)  executed  the  same. 

If  the  instrunu-nt  is  executed  by  a  corporation,  then  as  follows  : 

St.vte  ou  Tkhritoky.  }    , 
County  ok — .  i ' 

On  this day  of A.  D,  18 — .  before  me  (liere  insert  name  and  title  of 

officer)  })ersonally  appeared to  me  known   (or  proved  to  me  on  the  oath 

of )  to  ln!  tlie   president   (or  secretary)   of  tlie  corporation   described   in 

and  that  executed  the  within  instrument,  and  acknowledged  to  me  that  such 
corporation  executed  the  same. 

If  the  inslrunicnt  is  executed  by  an  attorney  in  fact,  tlieii  as  loUows  : 

State  oh  Tkuuitoky.  \ 

County  op — .  j  '"**' 

On  this day  of A.  D,  18 — ,  before  me  a  (here  insert  name  and  title 

of  officer)  ])ersonally  apjteared to  me  known  (or  proved  to  me  on  the  oath 

of )  to  be  the  person  who  is  described  in  and  whose  name  is  subscribed 

to  the  witliin  instrument  as  tlie  attorney  in  fact  of and  acknowledged  to 

me  that  he  subscribed   the  name  of thereto   as   principal,  and  liis  own 

name  as  attorney  in  fact. 

A  conveyance  by  a  married  women  has  the  same  effect  and  may  be 
acknowledged  in  the  same  manner  as  if  she  wei'e  unmarrietl. 

It  is  iin])i)rtant  that  tlic  forms  above  given  ])e  clo.sely  followed  in  taking 
acknowlcdguu'nts  of  instruments  intended  for  record  in  tliis  territory  for 
the  reason  that  tliey  an;  the  forms  prescribed  by  tiie  code,  and  forthe  further 
reason  tliat  the  Dakota  (Mxle  do(!S  not  contain  the  ])rovisiou  found  in  the 
statutes  of  most  states  and  teiritoi'ies.  vi/..  :  tliat  acknowledgments  which 
are  certified  to  iu  a  f<.)reign  state  are  sufficient  if  they  comply  with  the  lawa 
of  the  state  or  territory  where  made. 

[Dak.  5.] 


DAKOTA   TEHUITOllY.  131 


Descent  and  Distribution. — Tlu-,  ])r(>perty,  botli  real  ami  personal,  of  one 
■who  dies  without  a  will,  passes  to  the  heirs,  subject  to  the  coutrol  of  the 
probate  court  and  to  the  itossession  of  any  administrator  appointed  by  that 
court. 

Deposition. — Depositions  may  be  taken  in  this  territory  before  a  judge 
or  clerk  of  the  supreme  court  or  district  court,  or  before  a  justice  of  the 
peace,  notary  public.  United  States  circuit  or  district  court  commissioner,  or 
any  jtersnu  cini)ow"ered  by  a  sjjccial  commission. 

Out  of  the  territory,  ilei>ositions  may  be  taken  before  a  judge,  justice, 
clianccUor,  or  clerk  of  any  court  of  record,  a  justice  of  the  peace,  notary 
public,  mayor,  or  chief  magistrate  of  any  city  or  town  corporate,  a  commis- 
sioner appointed  by  the  g(wernor  of. this  territoiy  to  take  depositions,  or  any 
person  authorized  by  a  special  commission  from  any  couit  of  this  territory. 
The  officer  before  whom  any  deposition  is  taken  mu.st  not  be  a  relative  or 
attorney  of  either  party  or  otherwise  interested  in  the  event  of  the  action  in 
which  the  deposition  is  to  be  used. 

Dei)ositions  may  be  taken  upon  a  special  commission  issued  by  any  court 
of  this  territory,  or  upon  notice  to  tlie  adverse  paity  in  writing,  which  notice 
shall  be  served  so  as  to  give  the  party  served  sufficient  time,  by  the  usual 
route  of  travel,  to  attend  at  the  time  and  place  mentioned  in  the  notice. 
and  one  day  for  prei>aration,  excluding  day  of  service  and  Sundays.  If  so 
stated  in  the  ut)tice,  the  examination  may  be  adjourned  froni  day  to  day  until 
■ileposition  is  complete.  If  tlie  deposition  is  taken  under  commission  it  mu.st 
0'^  ui)on  interrogatories  attaciied  to  the  commission. 

When  the  deposition  is  taken  and  properly  certitied  it  must  be  sealed  and 

";     loi'scdwitlithe  title  of  the  cause,  that  it  is  a  deposition  taken  on  behalf 

1  i  one  of  the  parties,  specifying  Avliich  one.  and  the  name  of  the  officer  tak- 

ag  tlie  same,   and   addressed  and  transmitted  by  him  to  the  clerk  of  the 

court  or  officer  or  tiibunal  where  tlu;  action  is  pending. 

In  taking  and  certifying  depositions  the  following  forms  should  be 
observed  :  begin  the  deposition  l»y  giving  the  state  or  tei'ritory,  county, 
court,  and  title  of  the  action,  and  piefix  to  the  testimony  of  each  witness 
the  following : 

"Testimony  of of  the  county  of and  state  of taken  befoi-e  (give 

name  and  title  of  officer)  at on  the day  of A.  D.  18 — ,  by  virtue 

of  the  stipulation  (or  commission)  (or  notice)  hereto  attached.""  The  depo- 
-sitiou  must  be  written  by  the  officer  or  in  his  presence  by  some  disinterested 
per.son,  and  at  the  end  of  the  testimony  of  each  witness  the  witness  must 
subscribe  liis  name  in  the  presence  of  the  officer,  and  the  officer  sliould  attach 
the  usual  jurat,  "subscribed  and  sworn  to,"  etc.,  together  with  his  official 
signature  and  seal.  When  the  deposition  is  otherwise  complete  attach 
thereto  the  following  : 

CERTIFICATE. 

,  )  .... 


County  of .        <,     ' 

Be  it  known,  that  I  took  the  annexed  deposition  of pursuant  to  the 

annexed  stii)ulation  (commission),   (notice)  ;   that  I  was  then  and  there  a 

in   and    for  said  county  and ;  that   I   exercised  the  power  of  that 

office  in  taking  such  deposition ;  that  by  virtue  thereof,  I  was  then  and  there 
authorized  to  administer  an  oath  ;  that  each  witness,  before  testifying,  was 
duly  sworn  to  testify  the  truth,  the  whole  truth,  and  nothing  but  the  truth, 
relative   to   the   cause   specifted  in   the  annexed   stipulation  (commission), 

(notiiH')  ;  that  the  deposition  of  each  witness  was  reduced  to  writing  by 

a  disinterested  and  proper  ))erson;  that  the  dei)osition  of  each  witness  was 
written  and  subscribed  in  mv  presence  ;  that  said  deposition  was  taken  at 

on  the day  of 18 — ,  at o'clock  —  j\I.  ;   that   the   examination 

was  conducted  on  l)ehalf  of  the  plaintiiT  by ;  that  the  examination  was 

conducted  on  behalf  of  the  defendant  by . 

Witness  mv  hand  (and  seal)  this day  of 18 — . 

[L.  S.]  ■  . 

[Dak.  6] 


182  DAKOTA   TERRITORY. 

Every  deposilioii  intuiKied  to  l)o  read  in  evidence  on  the  trial  must  be  filed 
with  the  clerk  of  court  at  least  one  day  before  the  trial. 

Divorce. — -Divorces  may  be  ^^ranted  for  any  of  the  following  causes  : 
adultery,  extreme  cruelty,  conviction  for  felony,  and  cither  wilful  desertion, 
wilful  neglect  or  habitual  intemperance  for  one  year  imniediately  preceding 
commencement  of  the  action. 

Divorce  will  be  denied  if  there  has  been  an  unreasonable  lapse  of  time, 
and  unless  plaintiff  has  been  a  resident  in  good  faith  of  the  territory  for 
ninety  days  before  the  commencement  of  the  action. 

Execution.— Execution  may  is.sue  at  any  time  within  five  years  after  entry 
of  judgment.  After  the  lapse  of  five  years  from  entry  of  judgment  execu- 
tion can  only  be  issued  by  leave  of  the  court,  unless  within  the  five  years 
execution  has  been  issued  and  returned  unsatisfied  in  whole  or  in  part. 

The  execution  must  be  returned  to  the  clerk  of  the  court,  by  the  officer, 
within  sixty  days  after  its  receipt  by  him. 

Real  property  sold  upon  execution  may  be  redeemed  by  the  judgment 
debtor,  or  his  successor  m  interest,  or  by  a  creditor  having  a  judgment  lien 
or  mortgage  upon  the  premises  sold,  at  any  time  within  one  year  after  the 
sale. 

There  is  no  stay  of  execution  in  this  territory  except  upon  appeal  from 
judgment,  and  filing  an  undertaking  conditioned  for  the  payment  or  perform- 
ance of  the  judgment  in  case  the  same  is  affirmed  by  the  appellate  court. 

Executors. — The  probate  court  after  will  is  proved  and  allowed,  must  ap- 
point the  persons  named  therein,  if  they  are  competent  to  act.  Any  one  over 
the  age  of  majority,  not  disqualified,  may  act.  A  married  woman  may  act 
the  same  as  f&mme  sole,  provided  she  is  named  in  the  will.  "When  an  unmar- 
ried woman,  appointed  executrix,  marries,  her  authority  is  extinguished,  ^ 

Exemptions. — The  following  property  is  absolutely  exempt  from  attach 
ment  or  mesne  process,  and  from  levy  and  sale  on  execution.  All  family 
pictures,  a  pew  or  any  other  sitting  in  nny  house  of  worship  ;  a  lot  or  lots  in 
any  burial  ground ;  the  family  bible,  and  all  school  books  used  by  the  family, 
and  all  other  books  not  exceeding  in  value,  one  hundred  dollars  ;  all  wearin .; 
apparel  and  clothing  of  the  debtor  and  his  family  ;  provisions  for  the  debtor 
and  his  family,  necessary  for  one  year's  supply,  and  also  fuel  necessary  for 
one  year,  and  the  homestead  as  created,  defined  or  limited  bylaw.  Asid'? 
from  these  absolute  exemptions  the  debtor  may  select  from  all  other  of  his 
personal  property,  goods,  chattels,  merchandise,  or  money,  not  to  exceed  in 
the  aggregate,  fifteen  hundred  dollars;  or  in  lieu  thereof,  he  may  select 
books  and  musical  instruments  of  the  value  of  five  himdred  dollars,  kitchen 
and  household  furniture  and  bedding,  of  the  value  of  five  hundred  dollars, 
three  cows,  ten  swine,  one  yoke  of  cattle,  two  horses  or  mules,  one  hundred 
sheep  and  their  lambs  under  six  months  old,  and  all  wool  therefrom,  and  all 
cloth  or  yarn  manufactured  from  such  wool,  and  the  food  necessary  to  keep 
such  animals  for  one  year ;  also  one  wagon,  one  sleigh,  two  ploughs,  one 
harrow  and  farming  utensils,  inckuling  tackle  for  teams,  not  exceeding  three 
hundred  dollars  in  value ;  the  tools  of  any  mechanic  used  and  kept  for  the 
purpose  of  carrying  on  his  trade,  and  in  addition  thereto,  stock  in  trade  of 
the  value  of  two  hundred  dollars.  The  library  and  instruments  of  any  pro- 
fessional person,  not  exceeding  six  hundred  dollars  in  value. 

None  but  the  absolute  exemptions  above  specified,  are  allowed  to  either  a 
corporation,  for  profit,  a  non-resident,  a  debtor  who  is  in  the  act  of  removing 
from  the  territory  with  his  family,  a  debtor  who  has  absconded,  taking  his 
family  with  him,  or  any  person  against  whom  an  execution  or  other  process 
issues,  vipon  a  debt  incurred  for  property  obtained  under  false  pretenses,  or 
as  against  an  execution  issued  for  the  recovery  of  laborers'  or  mechanics' 
wages,  or  physician's  bills.  No  exemption  exists  as  against  execution  issued 
for  the  purchase-money  of  property,  real  or  personal. 

[Dak..  7.] 


DAKOTA  TERRITORY.  133 


A  partnership  firm  can  claim  but  one  exemption  of  fifteen  hundred  dollars, 
or  the  alternative  property,  and  not  a   several  exemption  for  each  partner. 

Homenteadn. — Every  family  resident  in  this  territory,  may  hold  as  a  home- 
stead within  a  town,  a  traet  of  land  not  greater  than  one  acre,  and  if  not 
within  a  town,  a  tract  not  exceeding  one  hundred  and  sixty  acres.  There  is 
no  limit.ation  as  to  its  value,  and  it  is  absolutely  exemi^t,  except  for  a  debt 
created  for  the  i)urchase  thereof,  or  for  taxes  thereon.     (Pel.  C,  chap.  38.) 

Evidence . — ( See  Witnesses. ) 

Factors. — A  factor,  in  addition  to  general  .authority  f)f  agents,  has,  unless 
actually  restricted,  authority  to  insure  uninsui'ed  property,  consigned  to 
him  ;  to  sell  on  credit,  unless  contrary  to  usage,  but  not  to  pledge  or  mort- 
gage, and  to  delegate  his  authority  to  his  partner  or  servant. 

False  Pretense. — False  pretense  is  punished  by  imprisonment  in  the  ter- 
ritorial prisun.  nut  exceeding  three  years,  or  in  county  jail  not  exceeding  one 
year,  or  by  a  fine  not  excee<ling  three  times  the  value  of  the  money  or  pro- 
perty so  obtained,  or  by  both  such  fine  and  imprisonment. 

Frailds,  Statute  of.— No  sale  of  personal  property,  nor  agreement  to  buy- 
er sell  it  for  a  ]>nce  L>f  fifty  dollars  or  more,  is  valid,  unless  the  agreement  or 
some  note  or  meniorandixm  thereof  be  in  writing,  and  subscribed  by  the 
party  to  be  charged  or  his  agent,  or  the  buyer  accepts  and  receives  part  of 
the  things  sold,  or,  if  a  thing  inaction,  part  of  the  evidences  thereof,  or  some 
of  tliera,  or  the  buyer  at  the  time  of  sale  pays  part  of  the  i>rice.  An  agree- 
ment to  manufacture  a  thing  f lom  materials  furnished,  is  not  within  the  pro- 
visions  of  above. 

No  agreement  for  the  sale  of  real  property  or  an  interest  therein,  is  valid, 
i;nless  it  or  some  note  or  memorandum  thereof  be  in  writing,  and  subscribed 
Ly  the  party  to  be  charged,  or  his  agent,  authorized  in  writing  ;  but  the  court 
can  compel  the  specific  pei'formance  of  an  agreenient  in  case  of  pai't  j)er- 
ft)rmauce. 

Garnishment. — Not  allowed  by  laws  of  this  territory. 

Grace. — {See  •' Xegotiahle  Ltstrutneiits.") 

Homestead. — {See  Exemptions. ) 

Insolvency. — ( See  Assignment. ) 

Interest  and  Usury. — Legal  rate  seven  per  cent.  A  person  taking,  re- 
ceiving, retaining,  or  contracting  for  any  higher  rate  than  twelve  per  cent, 
shall  forfeit  all  the  interest,  but  can  recover  all  the  ])rincipal.  Anyone  who 
has  paid  more  than  twelve  per  cent,  per  annum,  may  recover  all  excess  so 
paid,  in  an  action  in  the  proper  court.  May  contract  for  any  rate  not  ex- 
ceed ing  twelve  per  cent. 

Judgments.— .Tudgments  are  entered  by  the  clerks  of  the  district  courts 
iipon  tiie  «irdt'r  of  the  court  or  a  judge  thereof,  and  these  courts  are  always 
open  for  tlie  entry  of  judgments. 

From  the  time  of  the  docketing  of  a  judgment,  the  same  becomes  a  lien 
upon  all  tlie  real  property  of  the  defendant,  except  the  homestead,  situated 
in  the  county  where  the  JTulgment  is  docketed,  and  such  judgment  remains 
a  lien  thereupon  for  the  period  of  ten  years  from  the  date  of  docketing. 

The  jiulgment  of  the  courts  of  any  state  or  territory  of  the  United  States 
must  bo  proved  or  admitte<l  in  any  t;oiut  of  this  territory  by  the  attestation 
of  the  clerks  of  such  courts,  together  with  a  certificate  of  the  judge  or  pre- 
siding magistrate  that  sucli  attestation  is  in  due  foi-m.     {See  Actions.) 
[Dak.  8.1 


134  DAKOTA  TERRITORY. 

Lease. — A  ]o:i,-e  f<ir  more  tlian  one  year  must  be  in  writing,  and  to  be 
valid  ajrainst  any  subsequent  ])uruhaser  or  incumbrancer,  in  good  faith  and 
for  a  valuable  consideration,  must  be  recorded. 

Liens. — An  attorney  has  a  lien  for  his  compensation  upon  the  papers  or 
money  of  his  client  which  may  be  in  his  hands,  or  upon  money  due  his 
client  in  the  hands  of  the  adverse  paily,  or  upon  the  judgment  obtained  by 
his  client. 

Every  mechanic  or  other  person  who  performs  labor  or  furnishes  material 
or  machinery  or  fixtures  for  any  building,  erection  or  improvement  upon 
land,  shall  have  a  lien  therefor  upon  any  such  building,  erection  or  improve- 
ment, and  upon  the  land  belonging  to  the  owner  of  such  building  upon 
which  the  same  is  situated. 

Any  farmer,  ranchman,  or  herder  of  stock,  tavern  or  stable  keeper  to 
whom  any  live  stock  may  be  intrasted  for  keeping,  may  retain  possession  of 
such  stock  until  he  is  paid  for  their  keei>mg. 

Contractors  must  file  with  clerk  of  the  district  court  a  verified  statement 
of  their  account  within  ninety  days  after  the  work  is  done  or  material  fur- 
nished, and  sub-contractors  within  sixty  days.  No  lien  is  allowed  if  security 
has  been  taken  for  the  same  debt. 

Limitations. — The  periods  within  wliich  actions  may  be  commenced  in 

this  territory,  are  as  follows  :  Within  twenty  years  :  Actions  for  recovery 
of  real  property  or  the  possession  theieof ;  actions  upon  judgments  or 
decrees  of  any  court  of  the  United  States,  or  of  any  state  or  territory  within 
the  United  States  ;*  actions  upon  sealed  mstniments.  Within  six  years  : 
Actions  upon  contracts,  obligations,  or  liabilities  express  or  implied,  except- 
ing those  above  specified  ;  actions  upon  statutory  liabilities  other  than  pen- 
alties or  forfeitures ;  actions  for  trespass  upon  real  property  ;  actions  for 
taking,  detaining,  injuring,  or  for  the  recovery  of  personal  property  ;  actions 
for  criminal  conversation,  or  other  injuries  to  the  persons  or  rights  of  others, 
not  arising  on  contract,  except  as  hereinafter  specified  ;  actions  for  relief  on 
the  ground  of  fraud  in  cases  which  were  heretofore  solely  cognizable  by  a 
court  of  chancery,  the  cause  of  action  in  such  cases  not  to  be  deemed  to 
have  accrued  until  the  discovery  of  the  facts  constituting  the  fraud.  Within 
three  years  :  Actions  against  sheriffs,  cononers  or  constables,  upon  liabili- 
ties incurred  by  the  performance  of  official  acts,  or  the  omission  of  official 
duties,  excepting  actions  for  the  escape  of  prisoners  under  civil  arrest ; 
actions  upon  statutes  for  penalties  or  forfeitures  where  the  right  of  action  is 
given  to  the  party  aggrieved,  or  to  svich  party  and  the  territory.  Within 
two  years  :  Actions  for  libel,  slander,  assault,  battery  or  false  imprisonment ; 
actions  upon  statutes  for  penalties  of  forfeitures  to  the  people  of  the  terri- 
tory. Within  one  year  :  Actions  against  sheriffs  or  other  officers  for  the 
escape  of  prisoners  arrested  or  imprisoned  on  civil  process.  All  other  actions 
nuist  be  brought  within  ten  years  after  the  cause  of  action  shall  have 
accrued. 

An  action  is  deemed  commenced  when  the  summons  is  sei-ved  on  the  de- 
fendant, or  when  it  has  been  placed  in  the  hands  of  the  proper  officer  with 
intent  that  it  shall  be  actually  served. 

If  at  the  time  a  cause  of  action  accrues  againat  a  person  he  is  not  a  resi- 
dent of  the  territory,  the  time  limited  for  the  commencement  of  an  action 
against  him  does  not  begin  to  run  until  he  returns;  if  after^ the  cause  of 
action  accrues,  he  leaves  the  territory,  the  period  of  his  absence  is  not  a  part 
of  the  time  limited  for  the  commencement  of  the  action. 

*  While  an  action  upon  a  judgment  may  be  commenced  at  anytime  within 
twenty  years,  it  will  be  observed  that  the  code  expressly  limits  tli<^  lien  of  a  judi;- 
inent  lis  to  real  property  to  ten  years.    (See  Judgments.) 

[Dak.  «.] 


DAKOTA   TERRITOllY.  '    135 

Limited  Partnership. — A  limiti'd  iiartm'ishipiiiay  ])c  uiniutl  of  any  mim- 
her  oi  peTsoiis,  uiiou  sLVcrally  ssiguiu'^  a  ca-rtificatf,  stating-  tlic  iiaiuc  ufpart- 
iiersliip,  nature  of  the  Inisincss,  names  of  all  the  partners  and  residences, 
specifyintf  the  general  and  special  jtartners,  and  the  amount  of  capital  of  each 
special  i)artner ;  such  certificate  must  be  acknowledi^ed,  and  one  tiled  in  the 
office  of  the  clerk  of  the  courts,  and  one  recorded  in  the  office  of  the  register 
of  deeds,  in  the  county  where  the  firm  does  business;  if  it  does  business  in 
other  county,  a  copy  of  the  certificate,  certified  by  the  register  of  deeds  in 
whose  office  it  is  recorded,  must  be  filed  in  the  office  of  the  clerk  of  court 
and  register  of  deeds  of  such  county.  Any  false  statement  renders  the  spe- 
cial partners  liable  as  general,  otherwise  t)nly  the  capital  contributed  is  lia- 
ble.    The  law  must  be  strictly  complied  with. 

Married  Women. — As  to  their  individual  property,  married  women  in  this 
territory,  have  the  same  rights  and  powers  as  unmarried  women. 

The  earnings  of  the  wife  are  not  liable  for  the  debts  of  the  husband. 

Mechanics'  Liens.— (-''''''  rjcus.) 

Minors. — Minors  are  males  under  twenty-one,  and  females  under  eighteen. 

Mortgages  of  Real  Estate.— All  mortgages  of  real  estate  must  be  in 
Avritmg,  and  nuist  be  executed  and  recorded  in  the  manner  required  by  law 
lor  the  execution  and  recording  of  deeds. 

Upon  default  in  any  condition  (jf  a  mortgage,  containing  a  power  of  .sale, 
whereby  such  power  of  sale  lieconies  operative,  such  mortgage  may  be  fore- 
closed, either  by  advertisement  or  action.  If  foreclosed  by  advertisement, 
notice  of  foreclosure  must  be  published  in  some  newspaper  of  the  county 
where  the  property  is  situated,  for  six  successive  weeks.  If  foreclosed  by 
actii>n,  t!ie  action  must  be  brought  in  the  district  court  of  the  county  where 
the  mortgaged  property,  or  some  port  ion  thereof  is  situated,  and  judgment  may 
be  enterJil,  ordering  a  sale  of  the  mortgaged  property,  and  if  the  proceeds 
of  such  sale  are  not  sulHi'icnt  to  satisfy  the  mortgage  debts  and  costs,  an 
execution  issue  for  the  b.ilance.  Sales  upon  judgment  of  foreclosure  must 
be  made  upon  notice,  published  fur  tliirty  days  in  some  newspaper  of  the 
county  where  the  propeity  is.  All  foreclosure  sales  must  be  by  public  auc- 
tion ill  the  county  where  the  mortgaged  property  is  situated,  and  may  be  made 
by  the  sheriff  of  su"h  county,  or  by  a  referee  appointed  by  the  court  for  that 
purpose.  Tiie  mortgagee  may  be  a  purchaser  at  sucii  sale,  but  no  purchaser 
at  such  sale  is  entitled  to  possession  of  the  premises  until  the  expiration  of 
the  perioil  of  one  year  allowed  for  redeuiptiou  fi-om  such  sale.  The  sheriff 
or  person  making  the  sale,  shall  immediately  give  to  the  purchaser,  a  certifi- 
cate of  sal(!,  and  at  the  expiration  of  one  year,  if  redemption  be.not  sooner 
made,  such  sheriflf  or  other  person,  or  his  successor,  shall  execute  and  deliver 
to  such  i)urcliascr  a  deed  of  the  premises  so  sold.     (C.  C.  P.,  §§  597-6o4.) 

Negotiable  Instruments. — Negotiable  instruments  payable  to  bearer,  may 
be  transferred  by  simple  delivery;  if  to  order,  by  endorsement.  A  negotiable 
instrument  made  payable  to  the  order  of  the  maker  thereof,  or  to  a  fictitious 
person,  has  the  same  eifect  agahist  the  maker  and  all  other  persons  having 
notice  of  the  facts,  as  if  jxiyable  to  bearer. 

Unless  there  be  an  express  stipulation  to  the  contrary,  three  days  of  grace 
are  allowed  upon  all  bills  of  exchange  or  prt)missory  notes,  whether  time  is 
specified  ujion  their  face  or  not ;  but  Sundays  and  holidays  are  excluded  from 
the  computation  of  days  of  grace. 

Attorneys'  fees  stipulated  for  in  a  promissory  note,  are  collectible,  but  such 
stipulation  renders  the  note  non-negotiable. 

Oaths  and  AflB.davitS. — Oaths  may  be  administered  by  each  justice  of  the 
supreme  court,  notaries  public,  clerks  of  the  supreme  and  district  courts  and 
[Dak.  10.] 


136  DAKOTA  TERRITORY. 

their  deputies,    county   clerks   and   their  deputies,  county  conuuissioners, 
judges  of  probate  and  justices  of  the  peace,  within  their  respective  counties. 
Affidavits  may  be  made  in  and  out  of  this  territory  before  any  persou  au- 
thorized to  administer  an  oath. 

Partnership. — Governed  by  general  law,  except  that  any  partnership 
doing  business  under  a  tictitious  name,  or  a  designation  not  showing  the 
names  of  the  partners,  must  file  with  the  clerk  of  the  district  court  a  certifi- 
cate stating  the  names  in  full  of  all  the  members,  and  their  places  of  resi- 
dence, and  publish  the  same  once  in  a  week,  for  four  successive  weeks,  in  a 
newspaper  i)ublished  in  the  county,  if  there  be  one,  if  not,  in  one  in  an  ad- 
joining county. 

Practice. — Civil  practice  in  the  territory  is  governed  by  the  code  of  civil 
procedure,  and  the  criminal  practice  by  the  code  of  criminal  ijrocedure. 

'  Promissory  Notes. — (See  ^'  JVefjotiaUc  Instruments.'''') 

Provisional  Remedies  in  Civil  Actions— Arorst  and  Bail— The  defend- 
ant may  be  arrested  in  a  civil  action  in  the  following  cases  :  In  an  action  for 
damages  on  a  cause  of  action  not  arising  upon  contract,  where  defendant  is 
a  non-resident  or  is  about  to  remove  from  the  territory,  or  where  the  action 
is  for  an  injury  to  person  or  character,  or  for  injuring  or  wrongfully  taking 
detaining,  or  converting  property  ;  in  an  action  for  a  fine  or  penalty,  or  on  a 
promise  to  mai-ry,  or  for  money  received,  or  for  property  embezzled  or  fraudu- 
lently misapplied  by  a  public  officer,  an  attorney,  solicitor,  or  counselor,  or  by 
an  officer  or  agent  of  a  corporation  or  banking  association,  in  the  course  of 
his  employment  as  such,  or  by  any  factor,  agent,  broker,  or  other  person  in 
a  fiduciary  capacity,  or  for  any  misconduct  or  neglect  in  office,  or  in  profes- 
sional employment ;  in  an  action  to  recover  personal  property  unjustly  de- 
tained, where  the  property  has  been  concealed,  removed,  or  disposed  of,  so 
that  it  cannot  be  found,  with  intent  to  deprive  the  plaintiff  of  the  benefit 
thereof ;  where  the  defendant  has  been  guilty  of  fraud  in  contracting  the 
debt  for  which  the  action  is  brought,  or  when  the  action  is  brought  for  fi-aud 
or  deceit ;  where  the  defendant  has  removed  or  disposed  of  his  property, 
Avith  intent  to  defraud  his  creditors.  But  no  female  can  be  arrested  in  any 
action,  except  for  vfilful  injury  to  person,  character,  or  property.  The  order 
of  arrest  must  be  procured  from  a  judge  of  the  court  in  which  the  action  is 
brought.  The  sheriff  executes  the  order  by  arresting  the  defendant,  and 
will  keep  him  in  custody  until  he  has  furnished  a  bond  for,  or  deposited  the 
sum  mentioned  in  the  order. 

The  defendant  may  be  arrested  either  before  or  after  judgment  is  obtained 
against  the  defenilant,  in  such  an  action,  and  an  execution  against  tlie  de- 
feiidant's  property  returned  unsatisfied  in  whole  or  in  part,  an  execution  may 
issue  against  the  persou  of  the  defendant,  iand  he  shall  then  be  committed  to 
the  comity  jail,  until  the  judgment  is  paid,  or  he  is  discharged  according  to 
law.  Every  i)ersi)n  so  committed  to  jail  will  be  discharged  at  the  end  of  ten- 
days,  upon  application,  if  it  ap^iears  to  the  satisfaction  of  the  court,  upon, 
liearing,  that  the  defendant  has  no  property  witli  which  to  satisfy  the  judg- 
ment, and  that  since  judgment,  he  has  not  disposed  of  any  of  his  property 
Avitii  design  to  secure  the  same  to  his  own  use  or  to  hinder,  delay  or  defraud 
his  creditors.  But  if  the  court  is  satisfied,  upon  the  examination,  that  those 
facts  do  not  exist,  the  defendant  will  be  recommitted  to  jail,  and  cannot 
again  apply  for  discharge,  except  upon  the  grounds  of  newly  discovered  evi- 
dence, or  for  other  good  cause  shown.  Tlie  expense  of  the  keeping  of  sucli 
defendant  while  in  jail,  must  be  paid  to  the  jailor  by  tlie  plaintiff,  or  the 
defendant  will  be  released. 

Attachment. — In  an  acti(m  arising  on  contract,  for  the  recovery  of  money 
only,  or  in  an  action  for  the  wrongful  conversion  of  personal  property, 
against  a  corporation  created  by  or  under  the  laws  of  any  other  territory 

[Dak.  11,] 


DAKOTA  TERRITORY.  137 

state,  government,  or  country  ;  or  against  a  defendant  who  is  not  a  resident 
of  this  territory  ;  or  against  a  defendant  who  has  absconded  or  concealeil 
himself;  or  whenever  any  person  or  corporation  is  about  to  remove  any  of 
his  or  its  property  from  this  territory  ;  or  has  assigned,  disposed  of,  secreted, 
or  is  about  to  assign,  dispose  of,  or  secrete,  any  of  liis  or  its  property,  with 
intent  to  defraud  creditors,  as  hereinafter  mentioned, — the  plaintitt',  at  any 
time  of  issuing  the  summons,  or  any  time  afterwards,  may  have  the  property 
of  such  defendant  or  corporation  attaclied  as  a  security  for  the  satisfaction 
of  such  judgment  as  the  plaintiff  may  recover. 

Recording. — Judgments  affecting  the  title  to  or  possession  of  real  estate, 
authenticated  by  the  clerk  of  the  court  in  which  such  judginents  were  ren- 
dered, letters  patent  from  the  United  States,  and  United  States  receivers' 
final  receipt  may  be  recorded  without  acknowledgment  or  further  proof. 
All  other  instruments  must  be  acknowledged  by  party  executing  it,  or 
proved  by  subscribing  witness  to  entitle  it  to  record. 

Redemption.. — {See  Slortgages.) 

Replevin. — This  actitm  in  this  territory  is  called  "  claim  and  delivery," 
anil  the  judgment  is  either  for  the  return  of  the  property  or  the  value 
thereof  in  case  a  return  cannot  be  made  with  damages  for  the  detention. 

• 
Revision. — Wlien  through  fraud,  or  mutual  mistakes  of  the  parties,  or  a 
mistake  of  one  party  which  the  other  at  the  time  knew  or  suspected,  a  writ- 
ten contract  does  not  truly  express  the  intention  of  the  parties,  it  may  be 
revised  on  the  application  of  the  party  aggrieved,  as  far  as  it  can  be  done 
Avithimt  prejudice  to  rights  of  third  persons  in  good  faith  and  for  value. 

Revenue. — AH  taxable  property  is  listed  and  assessed  each  year  on,  or  as 
soon  as  practicable  after  the  first  Monday  in  3Iay,  including  all  property 
owned  on  the  first  day  of  April  of  that  year. 

The  undivided  property  of  a  deceased  person,  belonging  to  his  heirs,  is 
listed  as  belonging  to  them  without  enumerating  them. 

Taxes  become  delinquent  on  the  first  ]Monday  of  February  of  the  year 
after  which  they  were  assessed,  and  draw  ten  jier  cent,  interest  after  that 
time.  There  is  also  a  penalty  of  five  per  cent,  on  the  amount  due  added  at 
the  time  taxes  became  delincpient,  and  one  per  cent,  per  month  thereafter 
until  paid. 

As  between  vender  and  purchaser,  taxes  became  a  lien  upon  real  estate  on 
the  first  day  of  November  of  each  year,  and  remain  a  perpetual  lien  there- 
upon, except  as  against  the  United  States  and  the  territory.  Personal  prop- 
erty taxes  are  a  lien  vipon  the  real  property  owned,  or  which  may  be  ac- 
quired by  the  person  from  whom  they  are  due. 

Seal.— Not  essential  to  the  validity  of  an  instrument.  All  distinctions 
between  sealed  and  unsealed  instruments  are  abolished. 

Security  for  Costs.— ('?cc  Actions.) 

Stay  of  Execution.— (-S'ee  Execution.) 

Taxation.— ('S'fc  Bercmie.) 

Trust  Deeds. — Are  rare  in  this  territory.  Express  trusts  may  be  created 
iov  certain  spt-citied  purposes. 

Usury. — {See  Intcreat  and   I'xury.) 

Wages. — ( See  Liens. ) 
[Dak.  J2.j 


138  DAKOTA   TERRITORY. 


Wills. — Every  person  over  the  age  of  eigliteeu  years,  of  sound  mind,  may, 
by  last  will,  dispose  of  all  his  real  and  personal  estate.  A  married  woman 
may  disj)ose  of  her  separate  estate  by  will,  without  the  consent  of  her 
husband. 

A  will  that  is  entirely  written,  dated  and  signed  by  the  hand  of  the  testa- 
tor, is  subject  to  no  other  form,  and  need  not  be  witnessed.  Every  will 
other  than  a  nuncupative  or  olograiihic  will  must  be  executed  and  attested  as 
follows  :  It  must  be  subscribed  at  the  end  thereof  by  the  testator  himself,  or 
some  person  in  his  presence,  and  by  his  direction,  must  subscribe  his  name 
thereto  ;  the  subscription  must  be  made  in  the  presence  of  the  attesting  wit- 
nesses, or  be  acknowledged  by  the  testator  to  them,  to  have  been  made  by 
him,  or  by  his  authority  ;  the  testator  must  at  the  time  of  subscribing  or  ac- 
knowledging the  same,  declare  to  the  attesting  witnesses  that  the  instrument 
is  his  will,  and  there  must  be  two  attesting  witnesses,  each  of  whom  must 
sign  his  name  as  a  witness,  at  the  end  of  the  will,  at  testator's  request,  and 
in  his  presence.  The  witnesses  should  also  write  with  their  names,  their 
places  of  residence. 

A  will  of  real  or  personal  property  or  both,  made  out  of  tliis  territory  by 
a  person  not  having  his  doinicile  in  this  territory,  is  valid  as  to  property  in 
this  territory,  if  it  is  executed  according  to  the  law  of  the  place  where 
made. 

Witnesses. — Any  i>erson  can  be  a  witness,  except  that  a  husband  or  wife 
cannot  be  examined  for  or  against  each  other,  without  their  consent,  nor 
without  such  consent  can  either  be  examined  as  to  any  communication  made 
by  one  to  the  other  during  marriage,  but  this  does  not  apply  to  a  civil  action 
by  one  against  the  other,  nor  to  a  criminal  action  for  a  crime  committed  by 
one  against  the  other. 


TDak.  13.3 


DAKOTA  TERRITORY. 


139 


ATTORNEYS  IN  DAKOTA  TERRITORY. 


Bold  Face  Type  denotes  county  scats.        A  dash  (— )  less  than  100  population. 
Fiiscurcs  after  names,  when  admitted  to  the  Bar.       A  star  (*)  Notaries  Public. 
A  double  dajrser  (J)  our  Compiler  of  Laws. 
A  dagger  (t)  former  recommendation  withdrawn. 


Aberdeen 
Alexandria 

Altooiia 

Ashton 

Bangor 

Bartlett 

Bathgate 

Big  Stone  City. 

Bismark 

Bon  Homme 

Blunt 

Bridgewater 

Brookings 

Buchanan 

Buffalo  Gap 

Burdette 

Burlington 

Caledonia 

Canton 

Carrington 

Carthage 

Casselton 

Castlewood 

Chamberlin 

Clark 

Clifton 

Cooperstown 

Columbia 

Custer 

Dawson 

Deadwood 

De  Smet 

Devils  Lake 

Diana 

Dickinson 

Del  Rapids 

Doland 

Egan 

Elk  Point 

Ellendale 

Estelline 


Brown 

Hanson 

Beadle 

Spink 

Walworth 

Ramsey 

Pembina 

(xrant 

Burleigh 

Bon  Homme 

Hughes 

McC'ook 

Brookings 

Emmons 

(Ulster 

Hand 

Ward 

Trail 

Lincoln 

Foster 

Miner 

Cass 

Hamlin 

Brule 

(;iark 

Sully 

Griggs 

Brown 

Custer 

Kidder 

Lawrence 

Kingsbury 

Ramsey 

Sanborn 

Stark 

Minnehaha 

Spink 

Moody 

Union 

Dickey 

Hamlin 


NAMES  OF  ATTORNEYS.  POPULA  N, 

E.  T.  Taubman.  '7(5  2,164 

R.  M.  Dott.  540 

E.  Wilson.  400 
C.  Atwood.  ,  489 
I.  Pearson.  — 
W.  H.  Standish.  375 
T.  W.  Gaifnev.  361 
Bennett  &  Eldridge  367 
tF.  V.Barnes.  3,067 

See  Card  in  Appendix,  page  iv. 

{See  Tyndnll.)  150 

J.  A.  White.  327 

W.  A.  Morse.  387- 

]\ratthews  &  jMurphy.  721 

W.  W.  Goodwin.  — 

LOOMIS  S.  CULL.    '83  — 

J.  O'Dean.  — 

Jas.  Johnson.  — 

A.  C.  Hurst.  225 
J.  AV.  Taylor.  1,002 
Quimby  &  Quind)y.  430 
.7.  J.  Ahern.  150 
R.  M.  Pollock.  1,365 
John  P.  Cheever.  260 
Stroube  &  Drury,  1,550 

F.  A.  Brown.  527 
{See  Hi(jJimore.)  517 
1.  Jacobson.  318 
James  Wells.  639 

B.  R.  Wood.  400 
Thomas  Neill.  213 
McLaughlin  &  Steele.  1,768 
A.  E.  Nutt.  400 
J.  W.  Maher.  900 
J.  E.  Whiting.  176 
AV.  Gibson.  414 
A.  Thorne.  1,008 
E.  B.  Koons.  103 
R.  Brennan.  327 
A.  D.  Keller.  1,085 
JAMES  M.  AUSTIN.  "86  701 
J.  B.  Schoenfelt.  334 


140 


DAKOTA  TERRITORY. 


PLACE. 

COUNTY. 

NAMES   OF   ATTORNEYS.      POPULA'N. 

Pargo 

Cass 

WM.  H.  BECKER. 

8,201 

Port  Randall 

Todd 

D.  L.  Pratt. 

265 

Porest  City 

Potter 

( See  Bangor. ) 

203 

Forman 

Sargent 

Hon.  James  H.  Vail.*  '53 

»SV e  Card  in  Appendix,  page  iv. 

— 

Faulktoii 

Faulk 

A.  W.  Morse. 

— 

Ilandraw 

Moody 

Rice  Bros. 

582 

Frankfort 

Spink 

J.  Wallbridge. 

225 

Gary 

Dewel 

G.  Westcott. 

504 

(llad.stone 

Stark 

.1.  G.  Campbell. 

195 

Grafton 

Walsh 

Cleland  &  Sauter. 

2,225 

Grand  Forks. 

Grand  Forks 

k  .JOHN  M.  COCHRANE. 
i  R.  W.  Cutts.  '76 

4,692 

Grand  Eapids 

La  Moine 

E.  M.  Whitman. 

— 

Grand  View 

Dovxt^las 

Paul  Grabill. 

211 

Hamilton 

Pembina 

INIcMillan  »fc  Muir. 
(  MARTIN,  E.  S. 
\  SINON.  M.  G.   '84 
(  WHITCHER,  L.  E. 

254 

Higlimore 

Hyde 

319 

Hillsboro 

Traill 

Francis  &  Carmody. 

750 

Hope 

Steele 

T.  K.  Hulme. 

100 

Howard 

Miner 

Farmer  &  Wells 

750 

Hot  Springs 

Fall  River 

S.  E.  Wilson. 

113 

Hurley 

Turner 

C.  PL  Goddard. 

100 

Huron 

Beadle 

F.  F.  Randolph. 

2,890 

Ipswich 

Edwards 

Duggan,  Wayne  &  Downing. 

115 

Ir.jciuois 

Kingsbury. 

Karl  Gerner. 

700 

Jamestown 

Stutsman 

f  LEWIS  T.  HAMILTON.*  '80 
1    Refers  to  Lloyds.  Baidcers, 
1        and  A.  Klaus,  P.  M., 
|_                 Jamestown,  Dak. 

2,482 

Keystone 

Dickey 

Nickens  &  Baldwin. 

300 

Kimball 

Bruel 

AV.  A.  Caldwell. 

.1,596 

Koto 

McPhersou 

A.  E.  Roberts. 

— 

La  Grace 

Cami)bell 

J.  A.  Kelley. 

365 

Lake  Preston 

Kingsbury. 

W.  Fifield. 

4(0 

La  Kota 

Nelson 

J.  A.  Owen. 

200 

La  Moure 

La  Moure 

J.  M.  Bartholomew. 

662 

Laiimore 

Grand  Forks 

W.  H.  Fellows. 

850 

La  Toon 

Faulk 

Bottinn  &  Johnson. 

200 

Lead  CUty 

Lawrence 

W.  A.  Rhinehart. 

1,206 

Le  l^eaw 

Walworth 

W.  H.  Burns. 

117 

leola 

McPhersou 

Clias.  N.  Herreid. 

115 

Lisbon 

Ransom 

(roodwin,  Van  Pelt  &  Gamon. 

231 

Madison 

Lake 

C.  B.  Kennedy. 

800 

Mandau 

Morton 

F.  E.  Bowen.' 

2,263 

Mapes 

Nelson 

{Bee  DetiVs  Luke.) 

250 

Mayville 

Traile 

Ames  tt  Stomner. 

453 

Micbi<;an 

Nelson 

T.  W.  Bean. 

130 

Millbank 

Grant 

J.  F.  Fisher. 

1,400 

Miller 


Hand 


Minnesela 

Butte 

Milnor 

Sargent 

Minnewaukon 

l>enson 

Miiito 

Walsh 

Mitchell 

Davison 

r  Geary,  G.  A.  '60 

I  HARTLEY,*  C.  G.  '84 

I  WHJJAMS,  '74 {M.  E.)  and 
L     PYLE.  (.INO.  L.)  '85 

(See  Bcadwood.) 

FVishop  &  Babcoek. 

I..  E.  Campbell. 

.las.  (Tarbutt. 

Laird  A:  Whittlesey. 


630 


631 

950 
353 


DAKOTA  TERRITORY. 


141 


PLACE. 

COUNTY. 

NAMES   OF   ATTORNEYS.       POPULA'n. 

Montrose 

3IcCook 

M.  A.  Butterfield. 

ll.S 

Mt.  Vernon 

Davidson 

E.  S.  Johnson. 

444 

Northville 

Spink 

George  Britton. 

132 

Olivet 

Hutchinson 

G.  P.  Harben.  '09 

365 

Parker 

Turner 

Haines  &  llouts. 

567 

Park  River 

Walsh 

H.  W.  Phelps. 

500 

Pembina 

Pembina 

Keenstraw  &  Bevans. 

755 

Pierre 

Hughes 

C.  D.  Meade. 

1,527 

Plankinkton 

Aurora 

W.  M.  Smith. 

1,069 

Portland 

Traile 

G.  A.  White. 

350 

Pukwana 

Brule 

Edwin  Greene. 

175 

Redfield 

Spink 

C.  F.  Howard. 

621 

Rapid  City 

Pennington 

0.  L.  COOPER.  '69 

1,875 

Ree  Heights 

Hand 

S.  V.  Christ. 

156 

Roscoe 

Edmunds 

WM.  W.  HUGHES.*  '7G 

359 

Salem 

McCook 

A.  C.  Biernatzki. 

650 

Sanborn 

Barnes 

V.  J.  G.  Shaw. 

850 

Scotland 

Bon  Homme 

Robert  DoUard. 

837 

Scranton 

Walworth 

J.  M.  Paul. 

— 

Sheldon 

Ransom 

N.  S.  Sanford. 
(  J.  H.  JONES.  '70 

400 

Sioux  Falls 

Minnehaha 

{  WYNN  '70  &  YOUNG.  '75 
(\  K  G.  Wright. 

7,205 

Speartish 

Lawrence 

W.  W.  Bradley. 

808 

Springfield 

Bon  Homme 

R.  Mullenger. 

113 

Steele 

Kidder 

Chas.  H.  Stanley. 

651 

St.  Lawrence 

Hand 

J.  H.  Baldwin. 

150 

Sturgis 

Lawrence 

CHAS.  C.  POLK.  '83 

1,155 

Sykeston 

Wells 

A.  G.  Covell. 

— 

Tower  City 

Cass 

Locklin  &  Clapp. 

763 

Tyndall 

Bon  Homme 

Day  &  Elliott. 

355 

Valley  City 

Barnes 

GEO.  K.  ANDRUS.  '79 

1.500 

Vermillion 

Clay 

Jolley  &  Schull. 

i;054 

Volga 

Brookings 

Cady  &  Wright. 

725 

Wahpeton 

Richland 

S.  H.  Snyder. 

1,954 

Walballa 

Pembina 

H.  T.  Bevins. 

426 

Wamdnska 

Nelson 

D.  S.  Dodds. 

100 

Waterto-^Ti 

Codington 

Hon.  A.  L.  Buell. 

2,809 

Washburn 

McLean 

C.  H.  Howell. 

168 

Webster 

Day 

E.  Huntingdon. 

4oa 

Wessington 

Beadle 

E.  H.  Hance. 

349 

Wessington  Sp'gs 

Jerauld 

Chas.  W.  McDonald. 

— 

Wheeler 

Charles  Mix 

A.  Grimes. 

loa 

White  Lake 

Aurora 

•J.  Jones. 

546 

Williamsport 

Emmons 

H.  A.  Armstrong. 

— ■ 

Wilmot 

Roberts 

F.  A.  Countryman. 

457 

Wolsey 

Beadle 

C.  D.  Foster. 

653 

Woonsocket 

Sanboin 

N.  B.  Reed. 

685 

Yankton 

Yankton 

Gamble  Bros. 

3,94a 

142 


DAKOTA  TERRITORY 


BANKS  IN  DAKOTA  TERRITORY. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  of  one 
bank  in  each  county  of  tiiis  state  in  which  sucli  a  banking  institution  is  located. 


PAID  UP 

PLACE. 

NAME   OF   BANK. 

CASHIER. 

CAPITAL. 

Alexandria 

Farmers'  Bank 

M.  C.  Whitney. 

$  30,000 

Ashton 

First  National  Bank 

F.  W.  Kammann. 

50,000 

Bismark 

a                  ic               a 

Geo.  H.  Fairchild. 

100,000 

Brookings 

(<                  (>               a 

Horace  Fishback. 

50,000 

Canton 

a                  a               a 

J.  H.  Gale. 

50,000 

•Chamberlain 

First  National  Bank 

Patrick  Henry. 

50,000 

Clark 

a                  i(               a 

Carl  Jackson. 

50,000 

Columbia 

(i                         U                     (( 

Charles  A.  Baker. 

50,000 

Custer  City 

Bank  of  Custer 

(D.  Carrigan.) 

24,145 

Deadwood 

First  National  Bank 

D.  McPherson. 

100,000 

Dell  Rapids 

ii            ((          ti 

Frank  J.  Eighmey. 

50,000 

De  Smet 

a                  ii               a 

P.  Lawrence. 

50,000 

Devil's  Lake 

i>                ((              a 

Geo.  Juergens. 

50,000 

Dickinson 

Stark  County 

A.  Hilliard. 

25.000 

Elk  Point 

Union  County  Bank 

Wm.  Schaetzel. 

50,000 

Ellendale 

Security  Bank 

T.  M.  Evans, 

25,000 

Fargo 

Citizen's  National  Bank 

C.  C.  Schuyler. 

100,000 

Flandreaw 

Farmers'  &  Mer,  Bank 

C.  H.  Wellman. 

25,000 

Gary 

Bank  of  Gary 

N.  M.  Wade. 

30,000 

Grafton 

First  National  Bank 

J.  L.  Cashel. 

50,000 

Grand  Forks 

Citizens'      "           " 

S.  S.  Titus. 

100,000 

Highmore 

Bank  of  Highmore 

Frank  Drew. 

20,000 

Huron 

First  National  Bank 

R,  W.  Holmes. 

75,000 

Ipswich 

Edmunds  County  Bank 

F.  W.  Cadwell. 

15,000 

Jamestown 

Jamestown  National  Bank 

Geo.  L.  Raymond. 

50,000 

Lisbon 

Ransom  County  Bank 

H.  K.  Adams. 

30,000 

Madison 

First  National  Bank 

L.  11.  Keene. 

50,000 

Mandeu 

((                 a              a 

H.  Van  Fleck,  Jr. 

50,000 

Milbank 

Farmers'  Bank 

R.  F.  Gibson,  Jr. 

50,000 

Miller 

(Citizens'       " 

Wm.  H.  Waters. 

25,000 

Minnewaukon 

Bank  of  Minnewauken 

E.  S.  Rolfe. 

25,000 

New  Rocklbrd 

Bank  of  New  Rockford 

W.  M.  Frank. 

10,000 

Parker 

Citizens'  Bank 

W.  A.  Houts.  . 

20,000 

Pembina 

First  National  Bank 

G.  W.  Ryan. 

50,000 

Pierre 

tt            1.          (( 

W.  G.  Nixon. 

50,000 

J'lankinton 

Masons"                 " 

]).  Mason. 

100,000 

Rapid  City 

First  National     " 

James  Haley. 

50,000 

Salem 

Salem                     " 

J.  11.  Brown. 

50,000 

Sioux  Falls 

Sioux  Falls  National  Bank 

A.  L.  Curry,  Asst. 

100,000 

Valley  City 

First  National                 i' 

George  Kanouse. 

50,000 

Vermillion 

Bank  of  Vermillion 

(D.  M.  Inman&Co.) 

50,000 

Wahpeton 

North  Western  Bank 

Willis  A.  White. 

30,000 

Watertown 

First  National 

S.  B.  Sheldon. 

50,000 

^V'oonsockft 

Citizens'  Bank 

AV.  JVI.  Sheldon. 

100,000 

Yankton 

First  National  Bank 

W.  H.  McVey. 

50,000 

STATE  OF 

DEIvAWARK. 

SUMMARY  OF 

CoivivBCTioN    Laws. 

COUBT  CAI.ENDAK,    INSTRUCTIONS    FOR  TAKING  DEPOSITIONS,  LEGAL    FOKMS,  ETC. 

Expressly  Prepared  anb  Revised  to  Nov.  1st,  1887,  for  "  Showers' 
Legal  Directory  and  Merchants'  Guide,"  for  I88S,  uv 
H.  K.  Waru,  of  the  Wilmington  Bar. 

Acknowledgments.— ('See  Deeds.) 

Actions. — Suits  may  be  brought  by  process  of  ca/pais,  summons,  and,  in 
case  of  non-resident  defendant,  by  attacliment  of  property.  No  cajiais  ad 
respoiulendum  can  issue  against  a  citizen  of  this  state  unless  plaintitF  tlierein 
shall  have  first  made  and  filed  an  affidavit  setting  forth  the  fraudulent  trans- 
actions of  the  defendant.  But  when  the  defendant  is  not  a  citizen  of  this 
state  no  affidavit  by  the  plaintifF  is  uccessafy. 

In  actions  in  the  superior  court  on  bills,  notes,  bonds,  or  other  instruments 
of  writing  for  tlie  payment  of  money,  or  for  the  recovery  of  book  accounts, 
and  in  all  actions  on  judgments,  foreign  or  domestic,  recognizances,  or  mort- 
gages, judgment  by  default  shall  be  entered  on  the  last  day  of  term,  notwith- 
standing appeaiance  by  defendant,  unless  an  affidavit  of  defense  be  filed, 
lirovided  that  tlie  plaintilf,  or  party  for  wln)se  use  suit  was  brought,  file 
affidavit  of  demand  and  copy  of  cause  of  action,  on  the  first  day  of  the  term. 

If  the  action  is  brought  before  a  justice,  judgment  may  be  obtained  on  the 
return  of  the  writ,  which  is  at  the  end  of  fivedays,  unless  it  is  made  return- 
able forthwith,  by  the  affidavit  of  the  plaintiff  that  he  will  lose  his  claim  by 
delay. 

Administration. — Administration  of  estate  of  non-resident  intestate,  grant- 
ed by  register  of  any  county  wherein  he  has  estate,  personal  or  real,  and  in 
such  case  the  administration  first  lawfully  granted,  extends  exclusively  to  all 
the  estate  within  the  state. 

Administration  is  granted  to  the  persons  entitled  to  the  residue  of  personal 
estate  of  deceased,  or  some  one  or  more  of  them  ;  if  there  be  none  capable 
who  will  administer,  then  to  the  creditors,  or  some  one  or  more  of  them  J  if 
there  be  no  creditor,  then  to  any  suitable  person. 

Estates  in  lands,  tenements  and  hereditaments,  held  by  tlie  deceased  for 
the  life  of  another,  are  chattels,  and  such  estates,  estates  by  elegit,  or  for 
years,  the  crop  of  deceased  growing,  or  begun,  except  on  lands  devised  by 
him,  terms  of  servants  or  apprentices,  transmissible  according  to  law,  bank 
and  other  stock,  money,  whether  in  hand  or  deposited,  and  all  goods  and 
chattels  are  assets,  except  certain  domestit;  articles  not  exceedino-  thirty 
dollars  total  value. 

Order  of  paying  debts  is  as  follows  ;  1st.  Funeral  expenses  ;  2nd.  Expen.ses 
last  sickness  ;  3rd.  One  year's  wages  for  house-servant  or  laborer  on  farm  ; 

[Del.  1.] 


144  DELAWARE. 

4th.  Rent  not  exceediug-  una  year  ;  5th.  Judgments  of  courts  of  law  and 
equity,  and  of  justices  of  the  peace  ;  0th.  Recognizances,  mortgages  and 
other  obligations  of  record,  for  the  payment  of  money ;  7th,  Obligations 
and  contracts  under  seal ;  8th.  Contracts  under  hand  for  the  payment  of 
money,  or  delivery  of  goods,  etc. ;  9th.  Other  demands. 

Letters  testamentary,  or  of  administration,  granted  in  any  other  i?fcate,  and 
produced  under  the  seal  of  the  oflBce  or  court,  granting  the  same,  are 
received  in  this  state  as  competent  authority  to  the  executor  named  therein; 
but  iu  case  deceased  owes  inhabitant  of  this  state  twenty  dollars,  or  more, 
such  letters  should  be  recorded  in  register's  office  of  some  county.  Adminis- 
trators may  upon  petition  to  the  orphans'  court,  sell  land  to  pay  debts  of  de- 
cedent ;  and  in  default  of  personal  assets,  and  such  petition,  any  creditor 
may  have  administrator  cited  by  register  of  wills  to  show  cause  why  such 
petition  should  not  be  made.  Such  sale  may,  in  proper  case,  be  free  from 
dower  of  surviving  widow. 

Affidavit. — Of  demand  and  defense  referred  to  under  actions,  may  be 
taken  out  of  this  state,  before  a  notary  public  of  any  state  or  territory,  or  of 
the  district  of  Columbia,  any  judge  of  any  court  of  record,  the  mayor  or  chief 
magistrate  of  any  city  or  borough,  a  commissioner  of  deeds  for  this  state,  or 
any  consul  or  vice-consul  of  the  United  States  ;  such  affidavit  being  certi- 
fied under  the  hand  and  official  seal,  or  seal  of  court,  city  or  borough,  as  the 
case  may  be,  of  the  person  taking  the  same. 

Aliens. — -Residing  in  this  state,  who  have  made  declaration  of  intention  to 
be  come  citizens  of  the  United  States,  may  take  land  by  deed  or  will  in  fee 
simple,  and  hold  and  alien  the  same.  Such  lands  descend  as  in  case  of  a 
citizen.  Resident  aliens  may  inherit;  non-resident  aliens  are  passed  by.  All 
gifts,  grants,  bargains,  sales,  conveyances  and  devises  of  lands  made  before 
Jan.  1st,  1879,  to  or  from  aliens  are  declared  to  have  same  force  as  if  made  to 
or  from  naturalized  foreigners,  and  the  widow  and  children  of  such  aliens 
may  take  and  inherit  the  same. 

Appeals. — (See  Courts.) 

Arrest. — (See  Actions,  Landlord  and  Tenant,  and  Executions,') 

Assignments. — Deeds  of  voluntary  assignment  for  the  benefit  of  creditor.<r 
should  be  acknowledged  before  a  notary  public  and  filed  in  the  office  of  the 
register  of  the  coitrt  of  chancery.  The  assignee  must  then  file  in  said  office, 
within  thirty  days  after  the  execution  of  the  deed  of  assignment,  a  schedule 
of  the  property  assigned,  witli  an  affidavit  that  such  schedule  is  correct.  The 
chancellor  appoints  two  disinterested  persons  as  appraisers  of  the  estate,  who 
shall  be  duly  sworn  or  affirmed,  and  shall  also  file  in  said  office  their  inventory 
and  appraisement  with  affidavit,  whereupon  the  assignee  shall  give  bond  with 
warrant  of  attorney  in  the  name  of  the  state  of  Delaware,  with  sureties  to 
be  approved  by  the  chancellor  in  double  the  amount  of  the  appraised  value 
of  the  estate  so  assigned.  Tlie  bond  is  for  the  faithful  discharge  of  the  trusty 
and  shall  inure  to  the  use  of  all  persons  interested  iu  the  property  assigned. 
The  assignee  sliall  render  an  account  of  his  trusteeship  every  year  from  the 
date  of  the  bond,  before  the  register  in  chancery,  until  the  estate  is  closed 
and  final  account  rendered  and  approved,  and  may,  for  cause  shown,  be  re- 
moved by  the  chancellor  and  another  appointed  in  his  stead. 

Any  person  interested  may  file  exceptions  to  tlie  accounts  within  one  year 
from  tlie  date;  of  the  same.  These  exceptions  will  belieardby  the  cliancellor, 
either  in  term  time  or  at  his  cliambers.  Any  order  by  the  chancellor  in  the 
premises  may  be  enforced  by  attachment  or  imi)risonment.  There  is  no 
provision  for  giving  notice,  proving  claims,  discharging  debtor,  or  subjecting 
him  to  a  personal  examination.  Preferential  assignments  are  not  allowed. 
Proving  claim  in  assignment  proceedings,  or  accepting  a  dividend,  will  not 
operate  as  adischargeof  the  debtor,  except  a  release  to  that  eft'ect  is  especially 
executed. 
IDel.  2.] 


DELAWARE.  145 

Attachments. — A  domestic  attachment  may  be  issued  against  an  inhabi- 
tant at'trr  a  ix'turn  of  1101b  est  to  sunnnons  or  capias  delivered  to  officer  ten 
(lays  before  return,  and  proof  of  cause  of  action  ;  or  ni)on  affidavit  made  by 
jdaintilf  or  otiier  credible  person  and  filed  with  the  prothonotary,  "  that  the 
defendantis  justly  indebted  to  the  plaintiff  in  a  sum  exceeding  $50,  and  has 
absconded  from  tiie  place  of  his  usual  abode,  or  gone  out  of  the  state,  with 
intent  to  defraud  his  creditors  or  to  elude  process,  as  is  believed."  The  pro- 
ceeds of  sales  of  property  attached  are  distributed  among  all  creditors  equally, 
except  that  the  creditors  attaching  and  i)rosecuting  tlie  same  to  judgment 
are  allowed  a  double  share  if  such  shall  not  exceed  their  debt. 

General  assignment  for  the  benefit  of  creditors,  or  proceedings  under  the 
insolvent  law,  will  not  effect  levy,  under  either  execution  or  attachment,  prior 
to  assignment. 

No  security  is  required  of  plaintiff.  The  defendant  to  discharge  attachment, 
nuist  give  real  estate  security  in  double  the  amount  of  the  debt  or  demand. 
No  moi-e  than  one  sufficient  security  is  recpiired.  Attachments  can  not  issue 
on  immatured  claim.  Proceedings  by  domestic  attachment  are  scarcely  ever 
instituted,  and  the  law  is  of  no  utility. 

A  foreign  attachment  may  be  issued,  even  at  the  suit  of  a  non-resident 
plaintift",  against  any  jierson  not  an  inhabitant,  after  a  return  as  above,  or  uj^on 
affidavit  as  above,  "that  tlie  defendant  resides  out  of  the  state,  and  is  justly 
uidebted  to  the  plaintiff  in  a  sum' exceeding  $.")0.''  It  may  also  be  issued 
against  foreign  corporations.  The  plaintiff  has  the  benefit  of  his  own  discovery. 
Subsequent  attaching  creditors  do  not  share  pro  rata  with  first  attaching 
creditors.  The  superior  couit  in  term,  or  a  judge  in  vacation,  may  investi- 
gate allegations  of  affidavit,  except  as  to  amount  of  debt  or  when  it  is  due, 
and  discharge  attachment  if  no  sufficient  ground  be  shown. 

Banks  and  Bankers. — Banking  without  incorporation  is  unlawful.  Banks 
are  proliibited  from  taking  moi-e  than  one  per  cent,  for  sixty  days. 

Bills  of  Exchange  and  Promissory  Notes.— All  checks,  notes,  drafts, 
or  bills,  foreign  or  inland,  payable  at  sight,  are  due  and  payable  on  i)reseut- 
ment,  without  grace.  Days  of  grace  are  allowed  on  drafts  or  bills,  payable 
at  future  time.  No  grace  allowed  on  checks,  whenever  payable.  Negotiable 
paper  becoming  payable  on  Cliristmas,  Washington's  Birthday,  Fourth  of 
July,  or  Thanksgiving  day,  shall  be  deemed  to  become  due  on  next  preceding 
secular  day. 

Legal  holidays  falling  on  Sunday,  the  following  day  to  be  observed  as 
holiday. 

The  damages  on  bills  of  exchange,  drawn  on  any  person  beyond  seas,  and 
retuj'ued  un])aid,  with  legal  pi'otest,  shall,  as  to  the  drawer,  indorser,  and  all 
concerned,  be  at  the  I'ate  of  twenty  per  cc^ntum  on  the  contents  of  such  bills, 
in  addition  thereto. 

Notes  of  two  or  more  persons  ai'e  joint  and  several,  unless  otherwise 
expressed. 

Chattel  Mortgages. — Must  be  recorded  within  ten  days  after  their  ac- 
knowledgment, an(l  wlien  so  recorded  are  a  valid  lien  for  three  years.  They 
must  be  renewed  every  three  years,  and  are  eni\)rced  by  same  process  as  mort- 
gao-es  of  real  estate,  namely,  scire  facias  at  law  or  foreclosure  in  equity.  The 
law  contemplates  the  mortgagor  remaining  in  possessiini  of  the  chattels  mort- 
gaged.    It  prohibits  the  mortgagor  removing  property  from  the  county. 

Claims  against  Decedents'  Estates.— (See  Proof  of  Claims  and  xidminis- 
tration.) 

Conditional  Sales  of  Personal  Property.— Are  upheld  by  the  court. 

I  Del.  3.] 


Uti  DELAWARE. 

Corporations. — Charters  are  secured  through  General  Assembly,  and  for 
certain  purposes,  through  provisions  of  a  general  incorporation  act.  Process 
may  be  served  on  pi'esitlent  or  head  officer,  if  residing  in  the  state,  and  if  not, 
on  any  officer,  director,  or  manager  of  the  corporation  ;  -where  all  officers  re- 
side out  of  the  state,  process  may  be  served  by  i^ublication  in  a  newspaper  of 
this  state,  and  of  the  state  where  the  head  officer  resides,  twenty  days  before 
return  thereof  The  shares  of  any  person  may  be  attached  for  debt.  (See, 
also.  Attachments,  Proof  of  Claims  and  Deeds.) 

Costs. — In  case  where  plaintiffs  reside  out  of  the  state,  in  qui  tarn  actions, 
in  suits  on  administration,  or  official  bonds,  or  where  plaintiff  after  suit 
brought,  has  been  discharged  under  insolvent  laAV,  the  defendant  may  have 
rule  for  costs  or  non-suit,  on  motion  and  affidavit  of  just  or  legal  defence  to 
the  whole  demand. 

Courts. — The  courts  of  this  state  consist  of  Court  of  Errors  and  Appeals, 
Superior  Court,  Court  of  Chancery,  Orphans'  Court,  Court  of  Oyer  and  Ter- 
miner, Court  of  General  Sessions  of  the  Peace  and  Jail  Delivery,  Register's 
Court,  and  Justices  of  the  Peace. 

The  Superior  Court  has  four  terms  per  annum,  in  February,  May,  Septem- 
ber and  November,  and  has  jurisdiction  of  all  civil  causes  at  law. 

The  Court  of  Chancery  sits  regularly  in  March  and  September,  in  matters 
of  equity,  but  is  always  open. 

The  Orphans''  Court  sits  in  March  and  September,  and  at  many  adjourned 
terms  from  time  to  time. 

The  Registers  Court  sits  at  no  stated  times,  but  is  always  open. 

The  Court  of  Errors  and  Appeals  is  tlie  court  of  last  resort,  and  has  only 
appellate  jurisdiction.  It  consists  of  the  chancellor  who  is  president,  an  as- 
sociate justice  who  did  not  sit  below,  and  one  of  the  judges  who  did  sit 
below. 

Justices  of  the  Peace  have  jurisdiction  to  amount  of  one  hundred  dollars,  in 
all  matters  sounding  in  contract,  and  some  other  special  subjects. 

Curtesy. — Tenancy  by  the  curtesy  is  as  at  common  law.  If  any  woman 
shall  die  intestate,  without  issue,  the  husband  may  hold  one-half  of  her  real 
estate,  after  payment  of  her  debts,  for  his  life. 

jDeeds. — Land  passes  by  deed  without  livery  of  seizin.  Words  grant,  bar- 
ga.in  and  sell,  imply  a  special  warranty  against  the  grantor,  his  heirs,  and  all 
persons  claiming  under  him.  A  deed  concerning  lands  should  be  recorded 
within  one  year  from  sealing  and  delivery. 

A  deed  concerning  real  estate  may  be  acknowledged  by  parties,  in  the  su- 
perior court  of  this  state,  before  the  chancellor,  or  any  judge,  or  notary  pub- 
lic, or  before  two  justices  of  the  peace  for  the  same  county,  or  by  attorney, 
duly  authorized  luider  seal  in  the  superior  court.  Such  a  deed  may  also  be 
l^roven  in  said  court  by  subscribing  witnesses.  Tlie  deed  of  a  married  woman 
must  have  a  certificate  of  private  examination  and  acknowledgment.  Such 
a  deed  may  be  acknowledged  or  proved,  or  the  private  examination  of  a  mar- 
ried woman  party  to  such  deed  may  be  taken,  out  of  the  state,  before  any 
notary  public,  a  commissioner  of  deeds  for  Delaware,  any  consul  general, 
consul,  or  commercial  agent  of  tlie  United  States,  duly  appointed  in  any  for- 
eign country,  at  tlie  places  of  their  respective  official  residences,  before  the 
judge  of  any  district  or  circuit  court  of  the  United  States,  or  the  chancellor, 
or  any  judge  of  a  court  of  record  of  any  state,  territory,  or  courtry,  or  the 
mayor  or  cliicf  officer  of  any  city  or  bor.ough,  and  certified  under  the  hand  of 
sucb  chancellor,  judge,  mayor  or  officer,  and  the  seal  of  liis  office,  court,  city, 
or  borougli,  by  certificate  indorsed  upon,  or  annexed  to  the  deed  ;  or  such  ac- 
knowledgment or  i)roof  may  be  taken  in  any  such  court,  and  certified  under 
the  liand  of  the  clerk,  or  otlierofficer  of  said  court,  and  the  seal  of  said  court, 
in  like  manner.  In  case  of  such  certificate  by  a  judge,  the  seal  of  his  court 
may  be  affixed  to  his  certificate,  or  to  a  certificate  of  attestation  of  the  clerk, 
or  keeper  of  the  seal. 
(Del.  1.1 


DELAWARE.  147 

Such  a  deed,  executed  by  a  corporation,  may  be  executed  and  acknowledg- 
ed before  the  chancellor,  or  any  judge  of  this  state,  or  a  judge  of  the  dis- 
tinct or  circuit  court  of  the  United  States,  or  a  notary  public,  or  two  justices 
of  the  peace  of  the  same  county,  by  the  president  or  otlier  i)residing  officer, 
duly  authorized  by  resolution  of  the  dii'ectors,  trustees,  or  other  managers, 
or  by  the  legally  constituted  attorney,  of  such  corporation. 

A  tenant  in  tail  may  ccmvey  in  fee,  and  for  the  estate  tail,  by  deed. 

Form  of  AcknowUdcjment  of  Deed  for  Husband  and  Wife 

State  op  Delawake,   \ 
County  op  .         \   *" 

Be  it  remembered,  That  on  this day  of ,  in  the  year  of  our  Lord 

eighteen,  etc.,  personally  came  before  me  (name  and  title), and  — — ,  his 

wife,  parties  to  this  indenture,  known  to  me  personally  to  be  such,  and  sev- 
erally acknowledged  this  indenture  to  be  their  deed.  And  the  said ,  be- 
ing at  the  same  time  privately  examined  by  me,  apart  from  her  said  husband, 
acknowledged  that  she  executed  the  said  indenture  willingly,  without  com- 
jiulsion,  or  threats,  or  fears  of  her  husband's  displeasure. 

Given  under  my  hand  and  seal  of  office  the  day  and  year  aforesaid. 

{N'a7ne  aud  title.) 

Form  of  Acknoioledgment  by  Corporation. 


State  op 


County  op 


J 


Be  it  remembered,  That  on  this day  of ,  A.  D.  18 — ,  personally 

came  before  me,  (name  aud  title  of  party  taking  acknowledgment) presi- 
dent, of ,  the  state  of ,  party  to  the  foregoing  indenture,  known  to 

me  personally  to  be  such,  and  acknowledged  the  said  indenture  to  be  his  act 
and  deed  and  the  act  and  deed  of  said  corporation,  that  the  signature  of  the 
president  is  his  own  proper  handwriting,  aiid  the  seal  affixed  is  the  corporate 
seal  of  said  corporation,  and  that  he  was  duly  authorized  by  resolution  of  the 
directors,  (trustees  or  other  managers),  of  said  corporation,  passed  on  the 
•  day  of ,  A.  D.  18 — ,  toexecute  and  acknowledge  said  deed,  as  afore- 
said. 

Given  under  my  hand  and  official  seal  the  day  and  year  aforesaid. 

{Name  and  title.) 

Descent  and  Distribution. — Intestate  real  estate,  held  in  fee  simple,  de- 
scends to  kindred  of  the  intestate,  in  coparcenary,  as  follows  :  1st.  In  equal 
shares  to  children,  and  the  lawful  issue  of  any  deceased  child,  by  right  of 
representation  ;  2d.  In  default  of  lawful  Issue,  in  equal  shares  to  brothers 
and  sisters,  and  the  lawful  issue  of  any  deceased  brother  or  sister,  by  right 
of  representation,  provided,  that  the  whole  blood  and  their  issue  shall  be 
preferred  to  the  half  blood  and  their  issue,  and  further,  that  realty  shall  first 
descend  to  the  brothers  and  sisters,  and  their  issue  of  the  blood  of  the  parent 
or  ancestor  through  whom  said  I'eal  estate  was  derived  ;  3d.  In  default  of 
brothers  and  sisters  and  their  issue,  then  to  father  of  the  intestate  ;  4th.  Iii 
default  of  the  father,  then  to  the  mother  of  the  intestate  ;  5th.  If  there  be  no 
mother,  then  to  the  next  of  kin  in  equal  degree,  and  lawful  issue  of  such  next 
of  kin,  by  right  of  representation,  provided,  that  collateral  kindred  claiming 
through  nearer  cpmmon  ancestor,  shall  be  preferred  to  collateral  kindred 
claiming  through  more  remote  common  ancestor. 

The  mother  is  the  heir  of  an  illegitimate  person,  dying  intestate,  and  in 
case  of  her  death,  her  lawful  issue.  The  distiibution  of  the  residue  of  per- 
jsoualty  practically  follows  same  course  as  realty.     The  husband  of  an  intes- 

[Del.  5.] 


148  DELAAVARE. 

tate  married  woman,  takos  tlie  whole  of  such  residue.  If  the  intestate  leave 
a  widow  and  issue,  such  widow  takes  one  third  ;  if  no  issue,  but  brothers 
and  sisters,  she  takes  one-half ;  if  there  be  no  kin  of  the  intestate,  she  takes- 
the  whole  of  such  residue. 

Depositions. 

Form  of  Depoaitions. 


Depositions  of  witness  produced,  sworn  (or  affirmed),  and  examined  by 
me  on  the day  of ,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and ,  by  virtue  of  a  commission  issued  out  of  the  superior  court  of 

the  state  of  Delaware,  in  and  for county,  to  me  directed,  forthe  examina- 
tion of  witnesses  in  a  cause  therein  depending,  between ,  plaintiff,  and 

,  defendant,  on  the  part  and  behalf  of  ,  the . 

Note. — If  a  clerk  has  been  employed,  add,  "  The  clerk  by  me  employed: 
in  taking,  writing,  transcribing,  and  engrossing  the  said  depositions,  having 
first  duly  taken  the  oath  assigned  to  said  commission,  according  to  the  tenor 
thereof." 

COMMENCP:MEiS;T    OP   DEPOSITION   OF   EACH   WITNESS. 

,  of  ,  in the  of ,  aged  j'^ears,  a  witness  pro- 
duced, sworn  (or  affirmed),  and  examined  on  the  part  and  behalf  of  the  

deposeth  and  saith  as  follows : 

To  the  first  interrogatory  in  chief,  he  answers  and  says  :  . 

{Signature.) 

CONCLUSION. 

Sworn  to  and  subscribed  before  me  the day  of ,  A.  D.  — . 

,  Commissioner. 

PIIOOK    OK    EXHIBIT    INDORSED. 


,  plaintiff",         ^ 

vs.  >      18- 
,  defendant.     ) 


At  the  execution  of  a  commission  in  this  cavise,  this  paper  writing  was 

produced  and  shown  to ,  aid  and  marked  as  an  exhibit  A.  etc.,  a  witness 

sworn  and  examined,  and  by  him  deposed  to,  at  the  time  of  his  examination 

in  behalf  of  . 

,  Comniissioner. 

CEKTIFICATE    AT    CLOSE. 

To :  I,  ,  commissioner  named  in  foregoing  commission,  do  cer- 
tify that,  in  pursuance  of  the  authority  therein  contained,  I  caused  the  sev- 
eral witnesses  whose  de])ositions  appear  in  the  schedule  thereto  annexed  ti> 
be  examined  on  oath  or  affirmation  upon  the  interrogatories  annexed,  and  tlia  t 
I  caused  such  examinations  to  be  reduced  to  writing,  as  the  same  in  such 
schedule  appear. 

,  Commissioner. 

HKTUKN   INDORSED   ON   COMMISSION. 
The  execution  of  this  commission  appears  in  a  eortain  scliedide  annexed. 

,  Commissioner. 

[Del.  6.] 


DELAWARE.  1^9 

IXDOIISK    KNVKIA)PK    TlUS: 

■IS.  ■      To  .  (iiauK'  the  court.) 

T»  (name  the  presiding  judge,  whose  name  is  given  in  the  commission.) 

Divorce.— Divorces  arc  procurable  for  statutory  causes  through  the  supc- 
rior  court,  lor  other  causes  through  the  general  assembly.  The  .statutory 
causes  for  divorce  a  tinculo  matrimonii,  are  adultery,  desertion  lor  three 
years, habitual  drunkenness, impoteucy  of  either  party  atthe  time  of  marriage, 
extreme  cruelty,  and  conviction  of  a  felony  alter  marriage.  The  statutory 
•causes  for  divorce  a  mensa  et  thoro,  at  the  discretion  of  the  court,  are  for 
procurement  of  marriage  by  fraud,  for  want  of  age,  husband  under  eighteen 
and  wife  under  sixteen  years,  and  such  marriage  not  being  after  those  ages 
voluntarily  ratified,  or  forwilful  neglect  to  provide  necessaries  fur  three  years. 
Said  court  may  also  decree  marriages  null  and  void  for  consanguinity  or 
<atiinity,  or  between  a  white  and  black  person,  or  where  either  party  had 
another  husband,  or  wife  living,  or,  where  either  party  was,  at  the 
marriage,  insane. 

Proceedings  are  upon  petition  and  affidavit,  and  a  commissioner  being  ap- 
pointed to  take  testimony,  and  make  award.  Confessions  are  not  received 
except  where  corroborated  by  three  witnesses  or  strongly  corroborative  facts. 
IS'o  decree  of  divorce  etfects  legitimacy  of  children. 

Dower. — Is  as  at  common  law. 

Evidence. — Parties  to  the  record  or  in  interest  may  testify.  Printed  copies 
■of  statutes  of  other  states,  published  under  their  authority,  may  be  read  in 
evidence  of  such  law. 

Executions. — Are  a  lien  iipon  personalty  from  the  time  the  sheriff  receives 
the  writ,  if  actual  levy  l>e  made  within  sixty  days  thereafter.  Lien  remains 
in  force  three  years.  Sale  is  made  thirty  days  after  levy,  and  after  exhaustion 
of  personalty  inquisition  is  held  on  lands.  There  is  no  redemption  on  projierty 
f^old  under  execution  or  mortgage.  Stay  of  six  months  is  granted  in  courts 
of  record,  upon  judgments  recorded,  for  want  of  affidavit  of  defense,  provided 
security  be  given  within  twenty  days  after  judgment.  In  magistrates'  or 
justices'  court,  six  months'  stay,  upon  defendant  pleading  his  freehold  ;  nine 
months,  uijou  his  giving  security. 

Executors. — (See  Administration.) 

Exemptions. — No  homestead  law.  Family  pictures,  Bible,  and  lil)rary ; 
lot  in  burial  ground  and  pew  in  church  ;  all  wearing  apparel,  sewing  mathiues 
in  private  families,  and  tools  not  to  exceed  $7.").  In  addition,  debtor,  where 
head  of  a  family,  may  claim  8200  of  personal  property,  in  New  Castle  county, 
or  8150  in  Kent  and  Sussex,  and  in  these  the  exempt  property  must  be  house- 
hold goods  only.     Married  womenjind  minors'  wages  are  also  exempt. 

False  Pretense. — The  obtaining  of  property  by  any  false  pretense,  with 
intent  to  clieat  or  defraud,  is  a  misdemeanor,  punishable  by  fine  or  imprison- 
ment, or  both. 

Fraud,  Statutes  of. — No  sale  of  goods  and  cliattels,  whether  with  or  with- 
out bill  of  sale,  alters  the  property  therein,  without  valuable  consideration 
and  actual  delivery. 

All  promises  and  assumptions,  to  answer  or  pay  for  the  default,  debt,  or 
miscarriage  of  another,  a  sum  less  than  five  dollars  may  be  proven  by  the  oath 
or  affirmation  of  the  person  to  whom  such  promise  is  given  ;  if  a  sum  between 
iive  and  twenty-five  dollars,   such  promise  may  be  proven  by  one   credible 

[Del.-.] 


15a .  DELAWARE. 

witness,  or  some  memorandum  or  note  in  writinfj,  signed  by  the  party  to  be 
charged ;  if  a  sum  of  twenty-tive  dollars  or  upwards,  such  agreen-ent  must 
be  reduced  to  writing,  and  signed  by  the  party  to  be  cliarged,  except  for 
goods,  wares,  etc.,  sold  and  delivered,  and  other  matters,  chargeable  in  an 
account,  in  which  case  the  book  of  entries,  and  the  oath  or  affirmation  of  the 
plaintiff  are  sufficient. 

No  action  can  be  brought  to  charge  a  person  upon  any  agreement  made 
upon  consideration  of  marriage,  or  upon  any  contract  or  sale  of  realty,  or 
any  interest  in  or  concerning  it,  or  upon  any  agreement  not  to  be  performed 
within  the  space  of  one  year  from  the  making  thereof,  unless  the  same  shall 
be  reduced  to  writing  and  signed  by  the  party  to  be  charged. 

Garnishment. — {See  Attachments.) 

Grace. — {See  Bills  of  Exchange,  etc.) 

Homestead. — ( See  Exem^itions.) 

Insolvent  Laws,— (/S'<?e  Assifjnments.) 

Interest. — The  legal  rate  is  six  per  cent.,  and  the  penalty  for  usury  is  for- 
feiture of  the  entire  sum. 

Judgments. — Of  courts  of  record  are  a  lien  on  real  estate  of  defendant, 
within  the  county,  from  time  of  entry,  and  may  be  made  so  in  the  other 
counties  by  issuing  and  resending  a  test,  fi.  fa.,  in  them  respectively.  Foreign- 
judgments  have  no  force  except  as  evidence,  and  new  suits  must  be  brought. 
Judgments  need  not  be  renewed  to  preserve  lien.  No  presumption  of  }iay- 
ment  until  the  elapsing  of  twenty  years,  when  presumption  is  rebuttable. 
Judgments,  before  justice  of  the  i^eace,  must  be  taken  to  superior  court 
docket  to  become  liens. 

Justices  of  the  Peace. — {See  Com-ts  and  Judgments.) 

Landlord  and  Tenant. — Any  contract  or  consent,  pursuant  to  which  a 
tenant  enters  into,  or  continues  in  possession  of  lands,  etc.,  iinder  an  agree- 
ment to  pay  rent,  is  a  demise  ;  where  no  term  is  expressly  limited,  a  demise  is 
construed  to  be  for  one  year,  except  of  houses  and  lots  usually  let  for  a  less 
time.  A  demise  must  be  by  deed  to  be  effectual  for  a  term  longer  than  one 
year.  Yv''liere  there  is  an  existing  demise  for  one  or  more  years,  the  term  is 
extended  for  another  year,  unless  there  be  three  months  or  more  notice  to 
quit  given  either  by  the  lamllord  or  tenant.  Where  the  letting  is  by  the 
month  or  week,  a  month's  or  a  week's  notice  to  quit  is  sufficient.  Holding- 
over  after  notice  to  quit,  subjects  the  tenant  to  penalty  of  double  rent. 

The  landlord's  remedies  for  the  recovery  of  rent,  are  by  acti<nis  of  debt, 
assumpsit  for  ixse  and  occupation,  attachment  in  certain  cases  or  by  distress. 
In  case  of  the  last  remedy,  the  tenant  may  replevy.  Tlie  tenants  goods  may 
be  followed  for  forty  days  after  the  rent  becomes  in  arrear,  to  subject  them 
to  a  distraint,  if  they  be  removed  from  the  premises.  A  levy  will  not  pre- 
vent a  disti-ess.  In  case  of  a  levy  upoudistrainable  goods,  etc.,  such  goods, 
etc.,  are  liable  for  one  year's  rent  of  the  ijremises,  in  arrear  or  growing  due. 
Tenant  may  be  arrested  if  about  to  leave  the  state,  and  compelled  to  give 
better  security. 

Leases. — {See  Landlord  and  Tenant.) 

License. — A  license  from  tlie  state,  mustbe  taken  out  for  marriage,  the  keep- 
ing of  stallions  and  jacks,  eatinghouses  and  taverns,  and  by  retailers,  peddlers, 
venders  of  tin,  li(]uors,  oysters,  fish,  etc.  Foreign  life  and  fire  insurance 
agents,  auctioneers,  venders  of  goods  by  samjile,  photograi)hers,  brokers, 
real  estate  agents,  circuses,  jugglers,  attorneys  at  law,  physicians,  dentists, 
conveyancers,  bankers,  manufacturers,  merchants,  lotteries  and  shows. 
[Del.  8.] 


DELAWARE.  151 


Liens. — Recognizances  in  the  orphans'  court  are  liens  upon  all  real  estate 
(>£'  the  recognizor,  then  held  or  thereafter  acquired  while  in  force,  and  have 
preference  to  all  judgments  and  other  liens,  whether  recovered  or  created 
before  or  after  entering  into  such  recognizance.  Judgments  bind  lands  only 
from  the  time  of  actual  entry,  and  only  within  the  county  where  recovered, 
unless  extended  to  another  county  by  a  testatum  fi.  fa.  {See  also  Executions, 
Judy  incuts,  and  Mortgages.) 

Limitations  of  Suits- — Open  accounts  and  contracts  not  in  writing,  three 
years ;  contracts  iu  writing,  six  years  ;  sealed instruniL'nts,  judgments,  decrees, 
and  real  actions,  twenty  years.  Revivor  :  Direct  acknowledgment  or  distinct 
admission  of  the  debt.  Claims  against  deceased  persons.  One  year  from  the 
date  of  the  granting  of  letters  is  allowed  for  the  settling  of  the  estate.  The 
pi'oofs  of  claims  of  residents  and  non-residents  are  the  same.  Upon  giving 
the  requisite  security  within  the  state,  a  non-resident  may  act  as  executor  or 
administr.itor. 

Limited  Partnerships. — Limited  partnerships  may  bo  formed  for  the 
transaction  of  mercantile,  mechanical,  or  manufacturing  business,  but  not 
for  banking,  or  insurance.  They  may  consist  of  one  or  more  general  j^artners, 
liable  as  such,  and  special  partners.  Business  is  conducted  in  the  names  of 
the  general  partners.  Certificate  of  partnerships  with  names  of  all  partners, 
with  the  sum  each  special  partner  contributes  are  recorded.  Capital  van 
not  be  withdrawn  or  reduced  below  the  sum  stated.  General  assignments 
by  such  partnership  must  provide  proportional  distribution  among  all  credi- 
tors. Claims  of  general  government  arising  from  bonds  for  duties  are  pi'e- 
ferred.  No  dissolution  had  exce])t  upon  iniblication  of  notice,  all  other  part- 
nerships are  general. 

Married  Women. — Retain  their  real  and  personal  property  owned  at 
marriage  or  received  from  any  person  other  than  the  husband.  May  receive 
wages  for  their  personal  labor,  and  prosecute  and  defend  suits  for  preservation 
and  protection  of  their  own  property,  as  if  unmarried,  and  the  rents,  issues 
and  profits  of  their  separate  estate  are  not  controllable  by  the  husband. 
Dower :  The  widow  is  entitled  to  one-third  part  of  all  the  lands  and  tenements 
whereaf  her  husband  was  seized  at  any  time  dvirhig  her  marriage,  and  during 
the  term  of  her  natural  life.  If  her  husband  die  without  issue,  or  the  child- 
ren of  issue,  she  takes  a  moiety  instead  of  a  third  ])art  of  the  real  estate.  A 
married  women  of  the  age  of  twenty-one  years  and  upward  may  dispose  of 
her  property,  both  real  and  personal,  by  will  without  the  written  consent  of 
lier  husband.     Two  or  more  witnesses  are  necessary  for  a  will. 

Mechanics'  Liens. — Any  person  who  has  furnished  material  or  performed 
work  to  an  amount  exceeding  $'2")  may  obtain  a  lien.  A  contractor  who  shall 
have  contracted  for  the  erection  or  rejiair  of  a  structure,  and  for  tlie  furnisli- 
ing  of  the  whole  or  any  part  of  the  materials  therefor,  must  file  his  claim 
after  tlie  expiration  of  90  and  within  130  days  from  the  comjiletion  of  the 
building.  All  other  persons  must  file  their  claim  within  90  days  from  the . 
completion  of  the  work  and  labor  performed,  or  from  the  last  delivery  of 
materials  furnished  by  them.  .Judgment  obtained  ui>on  such  claim  relates 
back  to  the  date  of  commencing  such  work  or  furnishing  such  materials. 

Minors. — Are  as  at  common  law. 

Mortgages. — Are  executed  and  acknowledged  in  the  same  manner  as 
deeds.  They  contain  no  power  of  sale,  and  are  foreclosed  by  intervention  of 
a  court.  There  is  no  redemption  of  i>roperty  sold  on  execution  or  mortgage. 
Chattel  mortgages  are  a  valid  lieu  for  tlu'ce  years  when  recorded  within  ten 
days  after  acknowledgment.  Deeds  must  be  recorded  within  three  months 
after  sealing  or  delivery  thereof.  A  scroll  answers  for  a  seal,  and  one  witness 
is  sufficient  to  a  deed.  A  husljand  should  join  in  the  conveyance  of  his  wife's 
property  in  order  to  bar  his  right  as  tenant  by  curtesy.     The  certificate  of 

[Del.  9.1 


152  DELAWARE. 

acknowledgment  must  show  that  the  wife  relinquishes  her  dower.  The  ac- 
knowledc^men^  may  be  taken  before  a  mayor,  presiding  judge,  chancellor. 
United  States  consul,  commissioner  for  Delaware,  or  notary  public,  duly 
certified  under  hand  and  official  seal. 

Notes  and  Bills  of  Exchange. — {See  Billn  of  Exchange  and  Promissory 
Notes.) 

Partnerships. — In  an  action  by  or  against  partners,  proof  of  jjartnershij) 
is  unnecessary  unless  denied  by  affidavit. — [See  Limited  Partnership  and 
Pi' oof  of  Claims.) 

Promissory  Notes. — (See  Bills  of  Exchange  and  Promissory  Notes.) 

Proof  of  Claims, — Before  an  executor  or  administrator  shall  pay  any 
debt  against  the  deceased,  the  person  holding  the  same  shall  make  affidavit 
that  nothing  has  been  paid  or  delivered  towards  satisfaction  of  said  debt, 
except  what  is  mentioned,  and  that  the  sum  demanded  is  justly  and  truly 
due.  In  case  of  a  debt  due  to  a  corporation,  the  cashier,  or  treasurer,  shall 
make  the  affidavit ;  if  it  be  due  to  a  partnership,  or  to  two  or  more  indi- 
viduals not  strictly  partners,  all  the  acting  partners,  and  all  the  individuals 
shall  make  it.  If  a  debt  be  assigned  after  the  debtor's  death,  affidavit  shall 
be  made  by  the  person  who  held  at  the  death,  as  well  as  by  the  assignee.  In 
an  affidavit  by  an  executor,  administrator,  assignee,  or  officer  of  a  corpora- 
tion, it  shall  be  sufficient  to  state  that  he  has  made  due  inquiry  and  does 
verily  believe  that  nothing  has  been  paid,  etc.,  as  in  the  ])roceeding  affidavit. 
The  chancellor,  or  any  judge,  justice  of  the  peace,  notary  public,  or  chief 
magistrate  of  a  city,  or  borougli,  in  this  or  any  other  state  or  territory,  and 
also  commissioners  of  deeds,  residing  out  of  the  state  and  holding  their  ap- 
])ointment  from  the  governor  of  this  state  (not  above  seven  years  from  the 
date  of  their  commission)  have  authority  to  take  such  affidavit.  Such  affi- 
davit, taken  out  of  the  state,  must  be  certified  under  a  seal  of  office,  or  some 
public  seal,  whether  of  a  court,  city,  borough,  or  county.  The  expense  of 
probate  is  borne  by  the  estate.  If  such  affidavit  be  not  produced  at  trial,  the 
defendant,  no  costs  can  be  recovered. 

Recording. — A  purchase  money  mortgage  must  be  recorded  within  thirty 
days  after  making,  to  preserve  its  peculiar  lien. — (See  3Iortgages  and  Chattel 
Mortgages.) 

Redemption. — {See  Mortgages.) 

Replevin. — Liens  when  goods,  etc.,  are  distrained,  seized  under  execution, 
or  unlawfully  detained.  No  demand  is  necessary.  Plaintiif  must  give  bond 
before  issuance  of  the  writ,  and  defendant  may,  \x\)o\\  giving  bond,  retain  the 
goods,  etc. 

Seal. — The  seal  of  notaries  public  and  commissioners  of  deeds,  must  show 
name,  title,  date  of  appointment,  and  term  of  office.  The  sealing  of  an  in- 
strument after  seven  vears.  by  such  officer,  after  date  of  api)ointment,  is  il- 
legal. 

Security  for  Costs  and  other  Undertakings.— On  appeals  from  justices 
of  the  i)eacc,  an<l  ui)on  writs  of  certiorari  io  them,  and  ujion  api)eals  from, 
and  writs  oC  error  to  the  Orphans'  Court,  Superior  Court,  and  Court  of 
Chancery.  Security  is  given  to  ]irosecute  with  effect  and  pay  costs  and  dam- 
ages.    See,  also,  Iteplerin  and  Costs. 

Stay  of  Execution. — (^n  judgments  for  want  of  affidavit  of  defense  ;  six 
months,  if  .security  In;  given  within  twenty  days  after  judgment. 
[Del.  10.] 


1 


DELAWARE.  1-33 

In  suits  before  magistrates  :  six  months'  stay  upon  defendant  jjleading  his 
freehokl,  and  nine  months'  stay  upon  his  giving  security. 

Executions  issue  from  a  court  of  record  immediately  upon  obtaining  judg- 
ment, unless  stayed.  All  executions  are  returnable  to  the  next  term  after 
they  are  issued. 

Suits. — (See  Actions.) 

Usury. — (See  Interest.) 

Wages. — Are  exempt  from  mesne  and  execution  attachment,  except  for 
board. 

Wills. — ^lust  be  made  by  persons  of  sound  mind,  above  twenty-one  years, 
must  be  in  writing,  signed  by  the  testator,  or  by  some  person  subscribing  the 
testator's  name,  in  his  presence  and  by  his  express  direction,  and  must  l)e  at- 
tested and  subscribed  in  his  presence,  and  in  the  presence  of  each  other,  an<l 
at  his  reiiuest,  by  two  or  more  ci'edible  witnesses.  A  creditor  may  be  a  com- 
jjeteut  witness. 

Nuncupative  wills  must  be  pronounced  by  the  testator  in  his  last  illness  ; 
be  for  personalty  not  exceeding  two  hundred  dollars;  be  made  before  two 
or  more  witnesses  ;  be  reduced  to  writing  and  attested  by  such  witnesses 
within  three  days  ;  be  made  by  testator  when  incapable  of  making  a  will,  and 
within  three  days  of  his  death,  and  be  produced  for  probate  within  thirty 
days  of  testator's  death. 

A  f(jreign  will,  duly  executed  and  proved  as  above,  is  valid,  and  a  copy  duly 
•verified  of  such  will,  and  the  proof  thereof,  or  of  the  record  of  such  will  and 
proof,  is  sufficient  evidence  in  this  state.  Such  copy,  to  be  duly  verified,  must 
be  certified  by  the  j^roper  ofticer,  luider  his  hand  and  seal  of  olfice,  if  there  be 
a  seal  of  office;  and  there  must  also  be  a  certificate,  either  under  the  great 
seal  of  such  foreign  state  or  territory,  or  country,  or  under  the  head  of  the  chan- 
cellor, or  the  presiding  judge  of  a  court  of  record  of  such  state,  territory  or 
country,  that  such  copy  is  certified  in  due  form,  and  by  the  proper  officer  ;  and 
in  case  of  a  certificate  under  the  hand  of  a  chancellor  or  presiding  judge, 
there  must  be  an  attestation  of  the  officer  keeping  the  seal  of  his  court,  un- 
der the  hand  of  said  t)fficer,  and  the  said  seal,  that  the  said  certificate  is  un- 
der the  hand  of  the  said  chancellor  or  presiding  judge,  and  is  entitled  to  full 
faith  and  credit.  Such  a  copy  may  be  recorded,  and  then  such  record  or  an 
office  copy  is  sufficient  evidence. 

A  will  is  revoked  by  birth  of  a  child,  if  there  was  no  child  at  date  of  mak- 
ing. An  after  born  child  takes  same  portion  of  its  parent's  estates  that  he 
would  have  taken,  if  such  parent  had  died  intestate,  unless  provision  had 
been  made  in  a  will  for  such  a  child. 

The  widow  of  a  person  who  has  made  his  will,  before  marriage  with  her, 
and  for  whom  no  provision  is  made,  is  entitled  to  her  thirds,  as  if  he  died 
intestate. 

A  devise  of  real  estate,  withovit  words  of  limitation,  is  construed  to  pass 
the  fee  simple,  or  the  whole  estate  or  interest  which  the  testator  can  lawfully 
<levise,  vinless  a  contrary  intention  apj^earby  the  will. 

After  purchased  lands  pass  by  a  will,  if  such  clearly  and  manifestly  appear 
by  the  will,  to  have  been  the  intention  of  the  testator. 

Witnesses. — Deeds,  mortgages,  and  assignments  of  lands,  should  have 
two  witnesses  attesting  execution.  (See  Wills.)  Assignments  of  bonds  and 
specialties  should  be  vmder  seal,  and  before  at  least  two  credible  witnesses. 


[Del.  1 1.1 


lol 


DELAWARE. 


ATTORNEYS  IN   DELAWARE. 


Bold  Face  Type  denotes  county  seats.       A  clash  ( 
Figures  after  names  when  admitted  to  the  Bar. 
A  double  dagger  (J)  our  Compiler  of  Laws. 
A  dagger  (f)  former  recommendations  withdrawn. 


)  less  than  100  population. 
A  star  (*)  Notaries  Public. 


NAMES  OP  ATTORNEYS.  POPULA'N 

RICHARD  R.  KENNEY.  '81    2,865 

CHAS.  L.  MOORE.  '85  1,123 

Wm.  Green.  1,281 

James  R.  Lofland.  2,650 

Samuel  Guthrie.  3,080 

Wm.  C.  Spruance.  1,237 

E.  L.  ]\rartin.  1,540 

(See  JDocer.)  2,490 

Wilmington.  New  Castle.  Population,  42,499. 

LILBURNE  CHANDLER,  '82  7th  &  Market  Sts. 
t  H.  H.  Ward,  837  Markc^t  St. 

See  Card  in  Appendix,  page  w. 


PLACE. 

COUNTY, 

Dover 

Kent 

Georgetown 

Sussex 

Middletowu 

New  Castle 

Milford 

Kent 

New  Castle  City 

Kent 

Odessa 

New  Castle 

Seaford 

Sitssex 

Smyrna. 

Kent 

BANKS  IN  DELAWARE. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  ot  one 
bank  in  each  county  of  this  Territory  in  which  such  a  banliing  institution  is  located. 


Delaware  City 

Dover 

Gcoroetown 

Middletowu 

Newark 

New  Castle 

Newport 

Odessa 

Seaford 

Smyrna 

Wilmiujiton 


NAME   OP    BANK. 

Del.  City  National  Bank 
Farmers'  Bank 

Citizens'  National  Bank 
National  Bank  of  Newark 
Farmers'  Bank 
Newport  National  Bank 
New  Castle  Co.  Nafl  Bank 
Fruit  Growers'  Nafl      " 
National  Bank  of  Smyrna 
First  National  Bank 


PAID  UP 

CASHIER. 

CAPITAL. 

Francis  Mclntire. 

$  60,000 

"Walter  Morris. 

224,000 

Wilbur  F.  Tunncll. 

120,000 

.John  8.  Croch. 

80.000 

Geo.  W.  Lindsey. 

50,000 

R.  G.  Cooper. 

100,000 

.Jos.  W.  H.  Watson. 

75,000 

.Jos.  L.  Gibson. 

75.000 

N.  F.  Wilds. 

80.000 

W.  J.  .Janney. 

100,000 

Henry  Baird. 

500,000 

DICTRICT  OF 

COLUiVIBIA, 

SUMMARY   OF 

Collection    Laws. 


Court  Calendar,  Instkttctions  for  taking   Depositions,  Legal  Forms,  Etc. 

Expressly  Prepared  and  Revised  to  Nov.  1st,  1S87,  for  "Showers' 

Legal  Directory  and  Merchants'  Gttide."  for  1888,  by 

A.  K.  Browne  OF  the  Washington  City  Bar. 

[Note.— The  task  of  preparing  a  convenient  digest  of  laws  for  the  District  of  Col- 
umbia, is  difficult;  more  so  than  any  otlier  territory  or  state  because  ot  the  anom- 
alous condition  of  the  laws  wliich  are  derived  from  so  many  sources,  and  are  in  so 
many  shapes.  Much  of  the  law  ol  Maryland,  when  tlie  District  was  ceded  from  her, 
was  statutory  and  common  law,  received  from  England,  wliicii,  with  all  of  the  laws 
f)f  that  state,  followed  the  District  and  continues  in  force  there,  except  as  moditied 
by  subsequent  enactments  of  Congress  or  the  District  Legislature  or  the  old  corpora- 
tions of  Georgetown  and  the  Levy  Court  and  now  by  the  District  Commissioners. 

Mr.  Browne  went  through  all  these  and  the  decisions  of  the  courts  on  the  various 
subjects  lierein  present,  including  tlie  statutes  at  large  and  the  revised  statutes  and 
Ilichardsons  supplement  to  the  revised  statutes  and  tlie  very  last  Acts  of  Congress. 
— Editor. \ 

Acknowledgments. — In  the  United  States  and  territories  may  be  taken 
before  the  jtiilgc  of  any  court  of  record  of  the  United  States,  state  or  terri- 
tory, any  justice  of  the  peace,  notary  public,  or  commissioner  of  deeds  for 
the  District.  In  foreign  countries,  before  any  judge  or  chancellor,  master  in 
chancery,  notary  ptiblic,  or  diplomatic  or  consular  officer  of  the  United 
States. 

Form  of  Acknowledgment  of  Husband  and  Wife. 
District  of  Columbia,  to-wit  : 

I,  ,  a in  and  for  the  district  aforesaid,  do  hereby  certify  that . 

jiart — to  a  certain  deed  bearing   date   on   the ■  day  of ,  A.  D.  18  -, 

and  hereunto  annexed,  personally  appeared  before  me.  in  the  district  afore- 
said, the  said ■  being  personally  well  known  to  me  to  be  the  person  who 

execttted  the  said  deed,  and  acknowledged  the  same  to  l)e act  and  deed; 

and  the  said being  by  me  examined  privily  and  apart  from  —  husband 

and  having  the  deed  aforesaid  fully  explained  to  ,  acknowledged  tiie 

same  to  be act  and  deed,  and  declared  that had  willingly  signed. 

sealed  anil  delivered  the  same,  and  that wished  not  to  retract  it. 

Given  under  my  hand  and seal  this day  of ,  A.  D.,  18 — . 

[seal.  ] 

Actions. — Justices  of  the  peace  have  jurisdiction  in  civil  cases  where  the 
amottnt  claimed  does  not  exceed  one  hundred  dollars,  except  in  actions  to 
recover  damages  for  assault,  etc.,  but  the  supreme  court  of  the  district  has. 

[Dis.  Col.L] 


156  DISTEICT  OF  COLUMBIA. 

concurrent  jurisdiction  when  the  claim  exceeds  $50,  and  is  removed  hy  cer- 
tiorari. Civil  actions  in  the  supreme  court  are  commenced  by  declaration, 
libel,  bill  or  petition,  as  the  case  may  be.  Appeals  from  a  justice  of  the 
peace,  only  when  tlie  amount  of  judgment  exceeds  $5,  by  tiling  transcript  of 
docket  and  original  papers  antl  making  the  required  deijosit,  with  clerk  of 
supreme  court.  •  When  nnmey  is  payable  by  two  or  more  persons,  jointly  or 
severally,  all  or  any  of  the  parties  by  whom  it  is  payable  maybe  included  in 
the  same  action  at  the  option  of  the  plaintiff.  To  recover  real  estate,  actions 
must  be  commenced  in  the  name  of  the  real  party  in  interest  and  against  the 
party  claiming  to  own  or  be  possessed  thei'eof.*  Publication  may  be  sub- 
stituted for  personal  service  on  absent  defendants. 

Administration. —  Of  Estates  of  Deceased  Persons. — Letters  of  adminis- 
tration arc  grante^l  to  proper  persons,  in  the  legal  order  of  preference,  when- 
ever any  i)ersou  hath  died,  intestate,  having  had  his  last  domicile  liere,  and 
having  lett  in  the  district  goods,  chattels  or  personal  estate,  on  apjdication 
to  the  coui't  or  letters  of  administration  de  bonis  non.  on  the  death  of  an  ex- 
ecutor, or  administrator,  before  the  estate  is  fully  administered.  A  surviv- 
ing husband  is  administrator  of  his  wife's  estate  without  letters.  In  suits 
against  administrators  the  real  debt  or  damages  are  ascertained  by  a  jury 
and  after  verdict,  case  is  referred  to  an  auditor  to  ascertain  the  sum  for  which 
judgment  shall  be  given,  if  he  reports  the  assets  less  than  the  debt  or  dam- 
ages found  by  the  jury,  the  judgment  is  for  plaintiff,  execvition  may  issue 
against  the  defendant  and  either  his  own  goods  or  the  goods  of  the  deceased 
may  be  thereon  taken  and  s(^ld. 

Affidavits. — ^May  be  made  befoi'e  anj-  officer  authorized  to  administer 
oaths.     N(j  particidar  form  required. 

Aliens. — ^Persons  not  citizens  of  the  United  States  or  who  have  not  de- 
clared their  intention  of  becoming  such,  cannot  acquire,  hold  or  own  real 
•estate,  except  in  certain  cases  enumerated  in  proviso  of  Act  of  Congress, 
March  3,  1887,  relating  to  mining,  etc.,  nor  can  aliens  administer  on  estates 
of  deceased  persons. 

Appeals. — Lie  from  justices'  of  the  peace,  the  police  court  and  connnis- 
sioner  of  patents  to  the  sui^reme  courl,  and  from  any  order,  judgment  or  de- 
<;ree  made  or  pronounced  at  any  special  term,  involving  the  merits  of  the 
the  action  or  proceeding,  to  the  supreme  court  in  general  term. 

Appeal  may  be  taken  to  general  term  when  the  justice  who  tried  the  cause 
l)elow  refuses  to  entertain  a  motion  to  set  aside  the  verdict  because  the  evi- 
dence was  insufficient  or  the  damages  awarded  by  the  jury  were  excessive, 
and  when  taken,  case  prepared  and  settled  in  same  manner  as  on  bill  of  ex- 
ceptions, to  be  taken  and  perfected  within  twenty  days  but  not  to  oi^erate  as 
a  supercedeas,  unless  bond  or  midertaking  is  filed  within  ten  days. 

No  appeal  or  writ  of  error  allowed  from  the  supreme  court  of  this  di.strict 
to  supreme  court  of  the  United  States,  iniless  the  matter  in  dispute,  exclu- 
>iive  of  co.sts,  shall  exceed  five  thousand  dollars. 

Arrest. — Memliers  of  metropolitan  ]>olice  force  on  duty  not  liable  to  ar- 
rest on  civil  ])rocess.  The  several  members  thereof,  and  authorized  private 
iletectives,  liave  authority  to  arrest,  without  warrant,  any  person  wlio  shall 
commit  or  threaten  or  attenij^t  to  commit  in  the  presence  of  such  member, 
any  breach  of  the  ]>eace  or  fiffence  directly  prohibited  by  Act  of  Congress  or 
by  any  law  or  ordinance  in  force  in  the  district,  or  on  warrant  issued  by  any 
magistrate  thereof.  Nowarrants  of  arrest  in  civil  suits  except  luider  a  capias 
ad  satisfacieitdiim.  after  judgment,  and  females  and  non-residents,  for  debts 
contracted  out  of  the  district,  are  exemi)t  from  such  arrests. 

*Tn  actions  ex-contractu  affidavits  arc  roquired  of  plaintiff  .and  defondant,  settlna: 
<mt  distinctly  tho  cause  of  actious.etc,  or  fjrouudsof  defense,  etc.    Mutual  debts  may 
1)0  set-off  In  all  actious. 
[Dls.  f'ol.  2.] 


DISTRICT  OF  COLUMBIA.  15T 

Assignments.— As.signiiiont  by  inst>lvent  debtors  may  be  made  for  the 
benelit  of  civditois,  -with  or  without  preference,  but  no  Kuch  assignment  is 
valid  if  the  debtor  at  the  time  tliereof,  is  beyond  tlie  limits  of  the  district, 
until  assignee  gives  ai)proved  bond  to  pay  all  debts  due  by  the  assignor  at 
time  of  assignment  to  residents  of  the  district  to  extent  of  funds  receivedi 
by  him  under  such  assignment. 

Attachments. — May  issue  against  a  debtor  who  is  a  non-resident,  evades 
process,  nr  is  removing,  or  (-(mcealing  his  jnoperty,  at  commencement  of 
suit,  or  after,  on  creditor's  affidavit,  supported  by  at  least  one  witness,  swear- 
ing to  the  facts  of  their  own  knowledge,  and  on  plaintiff  giving  bond  with 
surety  or  sureties  for  (H)sts  and  damages  that  may  accrue.  The  attachment 
may  be  (piashed  at  chaml)ers,  on  three  days'  notice. 

Salaries  of  United  States  or  District  eniphjyees  cannot  be  attached. 

Banks  and  Bankers. — Subject  to  national  banking  laws.  The  board  of 
jKilice  possess  powers  of  general  police  supervision  and  inspection,  over  pri- 
vate banking  houses. 

Bills  of  Exchange  and  Promissory  Notes.— The  connnercial  law  of 
merchants  is  in  force.  One  action  may  be  brought  against  all  i)ersons  liable 
jointly  or  severally.  Notaries  public  have  authority  to  demand  acceptance 
and  jjayment  of  foreign  and  inland  bill's  of  exchange  and  of  ]jromissory  notes, 
and  to  protest  the  same  for  non-acce^jtance  or  non-i)a3^ment. 

Bills  of  Lading  and  Warehouse  Receipts.— No  statutoiy  law.  Com- 
mon law  prevails. 

Chattel  Mortgages. — In  practice,  mortgages  are  almost  unknown.  (See- 
Deeds  of  'Trust. ) 

Claims  against  Decedents'  Estates.— May  be  paid  by  the  executor  or 

administrator,  on  ])roof,  and  that  nojtart  has  been  paid,  when  allowed  by  the 
court  on  final  account,  or  administrator  may  reject,  and  at  law  dispute  the 
claim,  in  case  there  is  good  reason  to  believe  that  the  deceased  never  owed  the 
debt,  or  had  discharged  the  same,  or  had  a  claim  in  bar.  Proof  of  claim  on 
judgment  or  decree,  is  a  short  co])y  thereof,  under  seal,  attested  by  the  clerk 
or  register  of  the  court  where  obtained.  Special  bail  discharging  judgment 
becomes  judgment  creditor.  One  judgment  creditor  may  prove  for  all.  Exe- 
cutors are  not  bound  to  jjlead  the  statute  of  limitations. 

Conditional  Sales  of  Personal  Property. — No  legislation  on  the  subject. 

Corporations. — Domestic  and  Foreign. — May  be  created  under  a  general 
law,  for  institutions  of  learning,  i-eligious,  benevolent  societies,  form  anufac- 
turing,  agricultural,  mining,  mechanical,  insurance,  mercantile,  transporta- 
tion, market,  savings  bank,  boards  of  trade,  and  railroad  companies. 

Costs,  Security  for. — Plaintiflfs  re<iuired  to  make  deposits  with  clerk  of 
court,  at  comniciircnu'iit  of  suit  in  supreme  court,  I).  C,  at  least  eight  dol- 
lars towai'ds  the  costs.  Non-residents  shall  not  commence  suit  before  jus- 
tice of  the  peace,  without  first  giving  sufficient  security  for  costs. 

The  defendant,  in  a  suit  brought  in  supremo  court  })y  a  non-resident  plain- 
tiff, or  by  a  plaintiff  who  becomes  a  non-resident  after  suit  commenced,  may 
lay  rule  on  i)laintiif's  attorney,  to  give  .security  for  costs,  etc.  The  defendant 
may  mov<i  the  court  to  limit  the  plaintiff's  recovery  of  costs  to  a  single  ac- 
sion.  AVhere  several  actions  have  been  brought  against  sepai'ate  defendants, 
which  might  have  been  joined  in  one. 

A  party  who  has  I'cfused  to  admit  documents  wlijch  have  been  proved  at 
the  trial,  may  be  adjudged  to  pay  the  costs  of  sucli  proof. 

[Dis.  Col.  3  ] 


1.58  DISTRICT  OF  COLUMBIA. 

Courts. — The  Supreme  Court  of  the  District  of  Columljia  has  general  ju- 
risdiction in  hiw  iai^i  equity,  and  possesses  the  powers  and  jurisdiction  of  the 
Circuit  Courts  of  the  United  States,  with  all  the  judicial  power  capable  of 
being  granted  by  Congress  to  a  federal  court.  It  holds  a  district  court  of  the 
United  State  for  the  district,  circuit  courts  for  trials  of  actions  at  law,  a 
criminal  court,  %nd  special  terms  respectively  as  equity  courta  nd  orphans' 
CDurts  for  probate  business.  It  has  jurisdiction  under  the  patent  and  copy- 
right laws  of  the  United  States;  also  of  all  civil  suits  in  which  the  United 
States  are  plaintiffs  or  complainants,  and  of  all  seizures  on  land  or  water,  and 
all. penalties  and  forfeitures  accrumg  under  the  laws  of  the  United  States. 
Writs  of  error  and  appeal  lie  from  it  to  the  sujireme  court  of  the  United 
States,  in  any  case  where  the  matter  in  dispute,  exclusive  of  costs,  exceeds 
$5,000,  in  the  same  manner  as  iu  cases  of  writs  of  error,  or  appeals  from  de- 
crees rendered  in  a  circuit  court.     No  change  of  venue. 

Hie  Police  Court  has  origmal  and  exclusive  jurisdiction  of  all  offences 
against  the  United  States,  committed  in  the  district,  not  deemed  capital  or 
otherwise  infamous  crimes,  and  of  all  offences  against  the  laws  and  ordinances 
of  the  district,  and  may  enforce  any  of  its  judgments  or  sentences,  by  fine  or 
imjirisonment  or  by  both,  and  the  judge  may  examine  and  commit,  or  hold 
to  bail  in  all  offences,  whether  cognizable  m  the  police  or  criminal  covirt. 

Court  Calender.— 

SUPREME  COURT  OF  THE.  DISTRICT  OF  COLUMBIA. 

Chief  Justice,  Edward  P  Bingham.  Aaxociafe  Ji'.itices,  Alexander  B  Hagner,  Walter 
S.  Cox,  Charles  P.  James,  William  M.  Merrick,  Martin  V.  Montgomery.  Clerk,  R  J. 
Meigs.    District  Attorney,  Augustus  S.  Worthington.    Marshal.  Albert  A.  Wilson. 

(-General  Terms. — Are  held  fourth  Monday  in  April  and  first  Monday  iu  October. 

Terms  of  Circuit  Court.— Fourth  Monday  in  January,  second  Monday  in  May  and 
third  Monday  in  October. 

Terms  of  District  Court. — First  Monday  in  Juno  and  December. 

Terms  of  Criminal  Court.— FivaX.  Monday  in  March,  third  Monday  in  June,  first 
Monday  in  December. 

Special  Terwjs.— First  Tuesday  of  every  mouth,  except  August. 

POLICE  iCOURT. 

Judge,  William  B.  Snell.    Clerk,  Captain  Prince. 
Terms. — Monthly. 

Curtesy. — Tenancy  by  thecitrtesy  initiate  occitpies  the  position  of  all  other 
vested  estates,  it  is  thrown  upon  the  tenant,  and  he  cannot  prevent  the  title 
from  vesting  in  him,  and  cause  it  to  remain  in  the  wife,  nor  transfer  it  to 
others. 

Where  such  an  estate  vested  in  the  husband  before  April  10,  1869,  it  is  lia- 
ble for  the  husband's  debts. 

Deeds. — All  deeds,  etc.,  legally  acknowledged,  shall  take  effect  and  be 
valid  as  to  creditors  and  subsequent  purchasers,  for  valuable  consideration 
witliout  notice,  frr)m  the  time  of  delivery  to  the  recorder  for  record,  and  from 
that  time  only.  Kelease  of  deed  of  trust  is  by  deed  of  release  from  trustee. 
Deed  of  trust  for  property  exempt  by  law  from  execution,  is  binding,  unless 
signed  by  wife  of  debtor.  It  must  be  recorded  within  twenty  days  after 
execution. 

Form  of  Deed. 

Tim  Indenture,  M.ulc  this day  of  — — ,  in  the  year  of  our  Lord,  one 

thousand  eight  hundred  and  eighty ,  by  and  between of  the  first  part, 

and  of  the  second  i)art ; 

Witneaaeth,  That  the  said  part —  of  the  first  part,  for  and  in  consideration 

op  the  sum  of tloUars,  in  lawful  money  of  the  United  States,  to ,  in 

liand  paid  by  tlie  said  part —  of  the  second  i);irt,  at  and  before  the  sealing  and 
delivery  of  these  presents,  tht;  receipt  whereof  is  hereby  acknowledged,  ha — 
[Dis.  Col.  4.] 


DISTIUCT   OF   lOLLMUIA.  169 

granted,  bargained,  sold,  aliened,  enfeoffed,  released  and  conveyed,  and 

by  these  i)resents  grant,  bargain,  sell,  aliene,  enfeott",  release  and  convey  nnto 
the  said  ijait —  of  the  second  part, heirs  and  assigns  forever,  the  follow- 
ing described  real  estate,  situate,  (liere  describe  the  property.) 

Together  with  all  the  improvements,  ways,  easements,  rights,  privileges, 
appurtenances  and  hereditaments  to  the  same  belonging,  or  \n  anywise  apper- 
taining, and  all  the  remainders,  reversions,  rents,  issues  and  jjrotits,  thereof; 
and  ail  the  estate,  right,  title,  interest,  claim  and  demand  whatsoever,  either 
at  law  or  in  equity,  of  the  said  part^  of  the  first  part,  of,  in,  to,  or  out  of  the 
said  piece —  or  parcel —  of  land  and  premises. 

To  have  and  to  hold  the  said  piece  or  parcel  of  land  and  premises,  with  the 

appurtenances,  unto  the  said  jjart —  of  the  second  part, heirs  and  assigns 

to sole  use,  benefit  and  behoof  forever. 

And  the  said ,  for heirs,  executors  and  administrators,  here- 
by covenant,  promise  and  agree,  to  and  with  the  said  part —  of  the  second 

part,  ■  heirs  and  assigns,  that ,  the  said  part —  of  the  first  part,  and 

heirs,  shall  and  will  warrant  and  forever  defend  the  said  i^iece —  or  i^ar- 

cel —  of  land,  and  premises  and  appurtenances,  unto  the  said  part —  of  the 
second  part, heirsand  assigns,  from  and  against  the  claims  of  all  per- 
sons claiming  or  to  claim  the  same,  or  any  part  thereof,  by,  from,  under,  or 
through , 

And  further,  that  ,  the  said  part —  of  the  first  part,  and  heirs, 

shall  and  will,  at  any  and  all  times  hereafter,  upon  the  request,  and  at  the  cost 

of  the  said  part —  of  the  second  part, heirs  or  assigns,  make  and  execute 

all  such  other  deed  or  deeds,  or  other  assurance  in  law  for  the  more  certain 
and  effectual  conveyance  of  the  said  piece —  or  parcel —  of  land  and  premises 

and  appurtenances,  unto  the  said  part —  of  the  second  ])art, heirs  or 

assigns,  or counsel  learned  in  the  law,  shall  advise,  devise  or  require. 

In  Testimony  whereof,  the  said  part^  of  the  first  part,  ha —  hereunto  set 

hand —  and  seal — ,  on  the  day  and  year  first  hereinbefore  written. 

Signed,  sealed  and  delivered  in  the  presence  of    }  [seal.] 
.                             S  [seal.] 

Descent  and  Distribution.— The  law  of  descent,  etc.,  in  regard  to  per- 
sonal property,  is  derived  from  the  Roman  law.  If  there  be  no  relations  of 
the  intestate  within  the  fifth  degree,  which  degree  shall  be  counted  down 
from  the  common  ancestor,  to  the  more  remote,  the  surplus  belongs  to  the 
United  States.  The  descent  of  real  property  is  regulated  by  acts  of  Mary- 
land in  force  here,  as  to  husband  and  wife,  if  there  is  no  kindred,  etc. 

Depositions- — During  the  prejiaration  of  a  suit,  either  party  may  have 
leave  of  court,  upon  reasonable  notice  to  take  depositions,  or  examine  mate- 
rial documents  of  opponent  before  an  examiner,  but  such  depositions  shall 
not  be  read  on  trial  unless  the  party  has  died  or  become  permanently  sick. 
Depositions  of  non-resident  witnesses  may  be  ordered  on  motion  in  behalf  of 
either  party,  designating  tlie  names  of  such  witnesses,  the  same  taken  on 
written  interrogatories  and  cross-interrogatories,  filed  ten  days  before  the  is- 
sue of  commission,  or  orally,  as  the  court  may  order.  After  bill  filed  in 
equity,  on  affidavit,  that  plaintiff's  witnesses  are  aged  or  infirm,  or  going  out 
of  the  countrj^  etc.,  commission  to  take  the  examination  of  such  witnesses 
d,e  bene  esse  upon  giving  notice  to  adverse  party. 

Form  of  Notice  to  take  Depositions,  dc  bene  esse. 
In  The  Supreme  Court  of  the  Distiiict  of  Columbia. 


At  Law  No. 


To : 

Take  notice,  that  on ,  the day  of ,  18 — ,  at  o'clock,  — 

M.,  the  deposition — ,  de  bene  esse,  of ,  of  the  of county  of . 

[Dis.  Col.  5.] 


160  DISTRICT  OF  COLUMBIA. 

iu  the  state  of ,  Avill  be  taken  on  behalf  of  the herein,  before  who  is 

at ,  in  the ■  of county  of ,  in  the  state  of ,  at  which 

time  and  place  you  are  entitled  to  be  present,  and  cross-examine  said  wit- 
ness—  ;  the  said  witness —  residing  at ,  more  than  one  hundred  miles  from 

the  place  where  the  trial  of  this  action  is  to  be  had. 

Dated  "Washington,  D.  C,  this day  of ,  18 — . 

{SUj nature  and  title.) 

The  officer  before  whom  depositions  are  taken,  should  seal  them  and  di- 
rect to  "Clerk  of  Supreme  Court  of  District  of  Columbia,"  endorse  on  en- 
velope title  and  number  of  the  cause,  and  write  on  back  of  envelope,  "  Sealed 
up  and  mailed  by  me,  the day  of .18 — "  and  sign. 

Form  of  Certificate  to  Deposition,  de  bene  esse. 
In  thk  Supreme  Couiit  of  the  District  of  Columbia. 


rs  >      At  Law  No. . 

I  hereby  certify  that  on  the day  of ,  A.  D.  18 — ,  at ,  person- 
ally appeared  before  me,  pursuant  to  the  notice  hereto  annexed,  at o'clock 

—  M., ,  the  witness —  named  in  the  said  notice,  and  appeared  as 

counsel  for  the  plaintiff" — ,  and  as  counsel  for  the  defendant ;  and  the 

said ,  being  by  me  first  duly   cautioned  and  swoni  to  testify  the  whole 

truth,  and  being  carefully  examined,  deposed  and  said,  as  appears  by  the 
deposition  hereto  annexed  ;  and  I  further  certify  that  the  said  deposition  was 
then  and  there  reduced  to  writing  by  me,  (or  in  witnesses'  presence),  and 
was,  after  it  had  been  reduced  to  writing,  subscribed  by  the  witness. 

And  I  further  certify  that  the  reason  why  said  deposition  was  taken,  was 

that  said  witness —  reside —  at ,  more  than  one  hundred  miles  from  AVash- 

in<Tton,  D.  C,  the  place  where  this  cause  is  to  be  tried  (or  other  reason,  if 
any.) 

I  farther  certify  that  the  fee  for  taking  the  said  deposition — ,  .  has 

been  paid  to  me  by ,  and  that  the  same  is  just  and  reasonable. 

I/i.   testimoni/  whereof,  I  have  hereunto  set  my  hand  and  official  seal,  at 

: ,  in  the  county  of -,  and  state  of .  this  day  of ,  A.  D. 

18—. 

{Signature  and  title.) 

[See  also  forms  at  end  of  laws  of  Maryland.] 

Divorce. — From  the  bond  of  matrimony  may  be  granted  for  bigamy, 
lunacy,  matrimonial  incai)acity  at  time  of  marriage,  adultery,  haliitnal 
drunkenness,  cruelty  and  desertion.  From  bed  and  board  for  cruelty,  or  rea- 
sonable apprehension  of  bodily  harm. 

Dower. — The  widow's  right  to  dower  in  lands  tj^pends  upon  the  common 
law.  It  is  never  more  than'one-third  for  her  life  and  does  not  extend  to  her 
husljand"s  equitable  interests.  Legacies  are  a  bar  to  dower.  Willow  may 
(;leet  to  take  her  dower,  bi^t  it  must  be  entire. 

Evidence.— Interested  parties  may  be  competent  and  compellable  to  give 
evidence,  either  mva  race  or  by  dei)osition  on  behalf  of  any  of  the  parties  to 
the  action,  except  luisband  and  wife,  or  where  the  answer  to  any  question 
would  tend  to  criminate  the  witness.  AVhere  charged  with  crime  defendant 
may  or  may  not  testify. 
[Dis.  Col..  G  ] 


DISTRICT  OF  COLUMBIA.  161 

Executions. — In  supreme  court  issue  forthwith  unless  motion  is  made  to 
vacate  oi  set  aside  judgment  or  appeal  is  made  and  undertaking  filed  as  pro- 
vided,  except  in  cases  where  the  District  of  Columbia  is  appellant.  Execu- 
tion on  judgment  of  justice  of  the  peace  does  not  issue  within  six  days. 

Executors. — Letters  testamentary  may  be  committed  forthwith  to  execu- 
tor named  in  a  will  or  codicil  on  proof  of  will,  and  giving  bond.  When  a 
testator  shall  request  that  his  executor  be  not  required  to  give  bond,  the 
bond  shall  be  only  in  such  penalty  as  the  court  may  consider  sufficient  to 
secure  the  payment  of  the  debts,  provided  the  penalty  shall  not  exceed 
double  the  value  of  the  estate. — iSee  Administrations.) 

Exemptions. — Personal  property  of  the  head  of  a  family  or  a  householder 
exempt  as  follows  :  All  wearing  apparel  belonging  to  all  persons  and  to  all 
heads  of  families,  being  householders,  all  beds,  bedding,  household  furni- 
ture, stoves,  etc.,  not  exceeding  $:]00  in  value.  Provisions  for  three  months' 
support,  fuel  for  three  months,  mechanics'  tools,  etc.,  of  debtor's  trade 
amounting  to  $200  in  value,  with  $200  worth  of  stock,  library  and  implements 
of  a  professional  man  or  artist  to  value  of  $300,  one  horse,  cart,  etc.,  farm- 
ing utensils  with  food  for  team,  three  months,  if  a  farmer,  etc..  to  value  of 
$100  ;  all  family  pictures,  library,  etc.,  not  exceeding  in  value  8400,  one  cow, 
one  swine  and  six  sheep,  the  earnings  of  all  actual  residents  who  are  married 
or  supporting  their  families  within  the  district  not  exceeding  $100  per  month, 
except  for  debts  due  for  wages  of  servants,  common  laborers  or  clerks,  when 
no  personal  property  is  exempt,  except  wearing  apparel,  household  furniture 
and  provisions. 

Factors. — Common  law.  Principals  being  out  of  the  district  claims  may 
be  proven  as  in  other  cases  of  agents. 

False  Pretense. — The  penalty  for  obtaining  by  false  pretenses  any  goods? 
money,  note  or  other  valuable  thing  is  imprisonment  and  labor  for  a  period 
of  not  less  than  one  year  uor  more  than  five  years. 

Fraud,  Statutes  of. — The  general  provisions  of  the  statute  29,  Car.  II,  c. 
3,  is  in  force.  Conveyances  of  any  interest  in  lands  or  lease  for  a  term 
greater  than  one  year,  must  be  in  writing.  To  charge  a  person  for  the  debt 
of  another,  his  agreement  must  be  in  writing,  etc. 

Garnishment. — In  all  cases  of  attachment  plaintiff"  may  exhibit  interroga-* 
tories  to  the  garnishee  and  the  garnishee  shall  file  his  answer  within  ten 
days,  in  default,  judgment  and  execution  issues  against  him,  as  in  other 
cases  of  condemnation  of  property  in  credits  in  his  hands. 

Grace. — No  grace  allowed  on  sight  drafts  ;  three  days  on  |all  other  com- 
mercial paper. 

Homestead.— No  law. 

Insolvent  Laws. — None  in  force. 

Interest  and  Usury. — Legal  rate,  six  percent.  May  contract  in  writing 
up  to  ten  per  cent.     Usury  forfeits  all  interest. 

Judgments. — Of  supreme  court  are  liens  ftn  real  estate,  those  before  jus- 
tices are  not  until  after  return  nulla  bona  and  filing  in  supreme  court,  and 
must  be  enforced  within  twelve  years  and  may  be  revived  by  scire  facias  for 
twelve  years  more. 

[Dis.  Col.  7.] 


162  DISTRICT   OF  COLUMBIA. 

Justices  of  the  Peace. — Five  are  nominated  by  the  President  and  con- 
firmed by  the  United  States  Senate  for  the  term  of  four  years,  who  have 
jurisdiction  in  civil  cases  wlien  tlie  amount  does  not  exceed  $100,  except  in 
cases  involving-  title  to  real  estate  and  in  damages  for  assault,  etc.  They 
may  issue  warrants  in  criminal  cases  returnable  to  the  , police  court.  Any 
party  to  suit  may  have  the  same  removed  to  the  nearest  justice  for  trial,  or 
may,  when  the  sum  demanded  exceeds  $20,  have  a  jury  trial  from  which  ver- 
dict there  is  no  appeal.  No  appeal  from  justices'  judgment  when  the 
amount  does  not  exceed  five  dollars. 

Landlord  and  Tenant. — A  tenancy  at  will  can  only  arise  by  express  con- 
tract. All  other  i>ossessions  of  real  estate  are  held  to  be  tenancies  by  suffer- 
ance which  may  be  terminated  by  notice  in  writing,  to  quit  in  thirty  days. 
Attornment  of  a  tenant  without  consent  of  landlord  is  void.  Landlords 
have  a  tacit  lien  on  such  of  his  tenant's  personal  chattels  as  are  subject  to 
execution  for  debt,  to  commence  with  the  tenancy  and  continue  for  three 
months  after  the  rent  is  due,  etc. 

Leases. — May  be  made  in  writing  for  any  given  period  with  tenns  and 
conditions  of  termination  or  forfeiture  agreed  upon.  No  particular  form. 
prescribed. 

Licenses. — Required  for  marriages,  sale  of  liquors,  and  general  commer- 
cial business. 

Liens. — (See  Judgments  and  Landlord  and  Tenant.) — Mechanics,  labor- 
ers and  conti'actors  may  have  liens  on  buildings,  etc.,  for  work  done  or  ma- 
terials furnished  in  the  construction  or  repairs  thereof,  when  amount  ex- 
ceeds $20.  Liens  on  personal  property  for  repairs,  etc.,  can  be  enforced  if 
held  in  the  possession  of  creditoi". 

Limitations  of  Actions  or  Suits. — On  simple  contracts,  notes,  book  ac- 
counts, or  debt  not  of  specialty,  detinue,  replevin  and  trespass,  three  years  ; 
on  judgments,  bonds  or  other  sijecialties  under  seal,  twelve  years.  No  ex- 
ceptions in  favor  of  non-residents. 

Limited  Parsnerships. — For  mercantile,  mechanical  or  manufacturing 
business  within  the  district,  may  be  formed  by  two  or  more  persons,  with 
powers  prescribed  l)y  Act  of  Congress. 

Married  Women. — Retain  their  separate  estate,  owned  at  the  time  of 
marriage,  or  acquired  thereafter  in  any  manner  otherwise  than  by  gift  or 
conveyance  of  the  husband,  except  her  earnings  as  a  married  woman  which 
are  the  property  of  her  husband.  She  may  contract  and  sue  and  be  sued  in 
her  own  name,  except  as  a  sole  trader,  in  all  nuitters  relating  to  her  separate 
property.  She  may  be  liable  for  furniture  bought  by  her  for  her  own  house, 
and  execution  may  be  enforced  against  her  separate  estate. 

Mechanics'  Liens.— (.§e^  Lietm.) 

Minors. — The  Maryland  statutes,  making  a  distinction  between  the  sexes 
as  to  ages,  formerly  in  force,  is  of  late  ignored,  and  tlie  common  law  prevails. 

Mortgages  of  Real  Estate.— (.SVe  Deeds  of  Trust.) 

Notes  and  Bills  of  Exchange. — (See  Bills  of  E.vchange,  etc.) 

Oaths  and  Affidavits. — Are  administered  to  civil,  municipal  and  judicial 
officers,  and  tu  district  militia  officers  before  entering  upon  their  duties. — 
(See  Affidarits.) 
[Dls.  Col. «.] 


DISTRICT   OF  COLUMBIA.  163 

Partnerships. — (See  Limited  Partnerships.) 

Promissory  Notes. — (See  Bills  of  Exchange,  etc.) 

Practice. — Founded  principally  on  common  law. 

Proof  of  Claims. — Plaintift"  claiming  under  contract  for  payment  of  money, 
Avho  tiles  with  his  declaration,  an  affidavit  stating  the  nature  and  amount  due 
after  allowing  set-oifs,  etc.,  is  entitled  to  judgment  as  by  default,  unless  de- 
fendant tiles  attidavit  along  with  his  plea,  denying  the  right  of  the  plaintiff 
as  to  the  whole  or  some  specified  part  of  his  claim,  specitically  stating  the 
ground  of  his  defence,  which  must  be  such,  if  true,  be  sufficient  to  defeat  the 
plaintiffs  claim  in  whole  or  in  part.  If  defendant  acknowledge  his  liability 
for  a  part  of  plaintiff's  claim,  plaintiff,  if  lie  so  elect,  may  have  judgment  en- 
tf3red  in  his  favor,  for  the  amount  so  confessed  to  be  due,  or  join  issue  and 
proceed  to  trial. 

Recording. — The  recorder  of  deeds  shall  record  deeds  of  conveyance, 
leases,  powers  of  attorney,  and  all  other  instruments  in  writing  authorized  to 
be  recorded,  when  lawfully  executed  and  at;knowledged  on  receipt  of  the 
legal  fees  for  the  same. 

Redemption. — No  redemption  of  property  sold  on  execution,  or  from  sale 
under  deed  of  trust,  except  by  suit  in  equity  in  which  there  is  shown  special 
ground.  Real  estate  sold  for  taxes  may  be  redeemed  within  two  years 
from  the  date  of  such  Ksale. 

Replevin. — Actions  in  replevin  can  only  be  maintained  in  the  supreme 
court  by  tiling  a  declaration  supported  by  affidavit  of  the  plaintiff,  and  by 
giving  bond  with  surety  to  abide  by  and  perform  the  judgment  of  the  court 
in  the  premises.  The  marshal  takes  charge  of  the  property  if  found,  and 
delivers  it  to  plaintiff.  If  the  property  sued  for  cannot  be  found,  plaintiff,  on 
proof  of  ownership,  value,  etc.,  can  recover  value  with  damages  and  costs. 

Revenues. — For  the  support  of  the  district  government  are  derived,  1st. 
From  a  tax  on  private  taxal)le  property  and  privileges,  and  from  miscella- 
neous private  sources  ;  and  2d.  From  appropriations  by  congress  required  by 
law  to  be  50  per  cent,  of  the  total  approved  estimates.  All  revenues  of  the 
district,  paid  to  the  collector  of  taxes,  and  by  him  deposited  in  the  name  or 
the  United  States,  from  whence  they  can  only  be  drawn  pursuant  to  appro- 
priations made  by  Congress,  upon  itemized  vouchers,  ceititied  by  the  com- 
missioner, whose  accounts  are  settled  by  the  first  comptroller  of  the  United 
State.s. 

Revision. — Revised  Statutes  of  the  United  States  relating  to  the  district, 
passed  at  the  tirst  .session  of  the  forty-third  Congress,  with  supplements  ap- 
proved June  7,  1880. 

Revivor. — AVhenever  a  suit  in  equity  becomes  abated  by  the  death  of  either 
jiarty  it  may  be  revived  by  a  supplementary  or  bill  of  review. 

Seal. — Courts  of  record,  notary  public,  etc.,  are  required  to  attach  the  seals 
of  their  office  to  all  official  papers. 

Security  for  Costs,  etc.— (•S'ec  Costs.) 

Stay  of  Execution. — Where  no  appeal  is  taken,  execution  may  issue 
forthwith  on  judgments  of  the  suprenve  court.  Where  judgment  is  not  for 
a  specified  sum,  an  apjjeal  to  the  general  term  will  not  operate  to  stay  exe- 

[Dis.  Col.  9.] 


164  DISTRICT  OF  COLUMBIA. 

cution,  unless  appellant,  with  surety  approved  by  the  couit,  or  one  of  the  jus- 
tices, within  twenty  days  after  judgment  or  decree,  files  a  bond  to  pay  the 
final  judgment  of  the  court.  Judgments  of  justices  of  the  peace  may  be 
superseded  for  one  month,  when  the  sum  does  not  exceed  $20  ;  two  months, 
from  $20  to  $40 ;  four  months,  from  $40  to  $75  ;  and  six  months,  from  $75' 
to  $100. 

Suits. — {See  Actions.) 

Supplementary  Proceedings. — None. 

Taxes. — Real  property  is  assessed  every  third  year,  (except  new  houses 
which  become  taxable  in  the  fiscal  year,  after  that  in  which  they  are  roofed), 
on  a  cash  valuation  of  all  private  and  public  property,  belonging  to  the  United 
States,  in  the  district,  except  public  buildings  and  grounds  dedicated  to  the 
public  use  as  parks,  etc.,  except  certain  private  property  exempt  by  general 
statute.  In  the  improvements  of  the  streets,  etc.,  the  district  pays  one-half, 
and  the  United  States  one-half.  Lands  and  other  property  in  the  district,  not 
liable  to  a  higher  tax  in  one  year,  for  all  general  objects  than  $1.50  for  everj-^ 
$100  of  tlie  cash  value  thereof,  and  on  agricultural  lands  not  to  exceed  $1.00' 
on  every  $100.     Taxes  not  to  be  hypothecated. 

Commissioners  submit  annual  estimates  of  costs  and  expenses  of  govern- 
ment, including  construction  and  repair  of  bridges,  etc.,  cost  of  maintaining 
public  institutions  of  charity,  water  works,  etc.,  etc.,  to  secretary  of  treasury, 
and  when  approved  by  congress,  congress  appropriates  the  amount  of  fifty 
per  centum  thereof;  and  the  remaining  fifty  per  centum  of  such  approved  es- 
timates are  levied  and  assessed  upon  the  taxable  property  of  the  district. 
Deductions  of  five  per  centum  are  made  for  prompt  payment. 

Trust  Deeds.— ('See  Deeds.;) 

Usury. — (See  Interest,  etc.) 

Wages. — (See  Exemptions.) 

Wills. — All  real  or  personal  property  generally  devisable  by  will,  with 
usual  restraints  as  to  age,  sanity,  etc.  To  devise  I'eal  estate  the  person  mak- 
ing the  same  must  be  at  the  time,  if  male,  21  years  of  age  ;  if  female,  18  years, 
of  sound  mind,  etc.  ;  the  will  be  in  writing,  signed  by  the  testator,  or  by  his  di- 
rection, and  be  attested  by  three  credible  witnesses  in  his  presence  ;  and  if  it 
shall  appear  that  it  was  the  intention  of  the  testator  to  devise  property  ac- 
quired after  the  execution  of  the  will,  it  shall  be  deemed,  taken  and  held  to- 
operate  as  a  valid  devise  of  all  such  property. 

VJitn&s&QS.— (Sec  Evidence.) 


[Dis.  Col.  to.] 


DISTRICT  OF  COLUMBIA.  165 


ATTORNEYS  IN  DISTRICT  OF  COLUMBIA. 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  population. 
Figures  after  names  when  admitted  to  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (|)  our  Compiler  of  Ijaws. 
A  dagger  (f)  former  recommendations  withdrawn. 

Washington  City.  Pofulatiok,  147,307 

Browne,*  A.  K.,  456  Louisiana  Avenue. 

See  Card  in  Appendix,  page  v. 

Bundy,  Chas.  S.,  458  Louisifina  Avenue. 

See  Card  in  ApiJendiz,  page  v. 

Hildebrandt  &  Morrison,  1331  F.  St.,  N.  W. 
MAYNE,  E.  R.  I).,  456  Louisiana  Avenue. 
Starkweather,  John  C,  '54  1420  N.  Y.  Avenue. 

See  Card  in  Appendix,  page  v. 


BANKS  IN   DISTRICT  OF  COLUMBIA. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  of  one 
tbank  in  each  countyof  this  state  in  which  such  a  banking  institution  is  located. 

PAID  UP 
PLACE.  NAME   OF   BANK.  CASHIEB.  CAPITAL. 

Georgetown       Farmers  &  Mech.  Nat.  B'k   W.  Laird,  Jr.  $252,000 

Washington       Citizens'  National  Bank.        Thos.  C.  Pearsall.  300,000 


STATE  OF 

KLORIDA. 

SUMMARY  OF 

CoLLKCTioN    Laws. 

Court  Calendar,  Instkuctions  for  taking   Depositions,  Legal  Forms,  Eto^ 

Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "Showers' 

Legal  Directory  and  Merchants'  Guide."  for  1888,  by 

Cheney  &  Odlin  of  the  Orlando  Bar. 

Acknowledgments. — Deeds  to  freehold,  or  interest  therein  for  a  term  of 
over  two  years,  inu.st  be  in  writing,  sealed  and  delivered  in  the  presence  of 
two  witnesses.  Transfers,  re-grants,  and  releases  subject  to  the  same  rules. 
In  case  a  deed,  mortgage,  or  other  instrument,  shall  l)e  executed  in  another 
state,  the  acknowledgment  may  be  made  before  any  judge  or  clerk  of  a  court 
of  record,  notary  public,  justice  of  the  peace,  or  other  officer  authorized  by 
the  laws  of  such  state  to  take  acknowledgment  of  deeds  therein,  or  before 
any  commissioner  appointed  by  the  governor  for  that  purpose.  If  acknow- 
ledged before  an  officer  not  having  an  official  seal,  he  shall  have  attached 
thereto  a  certificate  of  the  clerk,  or  other  proper  certifying  officer,  of  a  court 
of  record,  or  of  the  secretary  of  state,  that  the  person  whose  name  is  sub- 
scribed to  the  certificate  of  acknowledgment  was,  at  the  date  thereof,  such 
officer  as  he  is  therein  represented  to  be ;  that  he  believes  the  signature  of 
such  person  subscribed  thereto  to  be  genuine,  and  that  the  deed  is  executed 
and  acknowledged  according  to  the  laws  of  such  state,  etc.  All  deeds  of 
conveyan(>e,  mortgage  or  transfer  of  interest  in  real  estate,  should  be  signed 
by  husband  and  wife,  and  the  wife's  acknowledgment  be  separately  taken. 
The  signatures  of  parties  to  the  instrument  must  be  witnessed  by  two  per- 
sons, who  should  sign  as  witnesses. 

Within  the  state  acknowledgments  of  deeds,  etc.,  to  be  used  and  recorded 
in  this  state  may  be  taken  before  any  judge,  clerk  of  circuit  court,  notary 
l)ublic  or  justice  of  the  peace. 

In  for  eifin  countries,  before  a  minister  plenipotentiary,  minister  extraordi- 
nary, minister  resident,  charge  d'affaires,  commissioner  or  consul  of  the  United 
States,  api)ointed  to  reside  therein,  commissioner  for  Florida,  appointed  by 
the  governor  of  Florida,  or  a  notary  public. 

Scroll  seal,  Avith  word  ".seal  "  written  in  it  is  sufficient. 

Two  witnesses  are  absolutely  necessary. 

Form  of  Acknowledgment  when  the  Deed  is  made  out  of  the  State. 
State  op  ,       "1  „„ 


County  ok .    J     ' 

Be  it  remembered  that  on  this day  of in  the  year ,  personally 

appeared  before  me,  a  commissioner  duly  appointed  and  authorized  by  the 
executive  authority  of  the  state  of  Florida  under  the  laws  of  said  state,  to 

IFlor.  1.] 


FLORIDA.  167 

take  •witliin  the  state  of proof  and  acknowleclgincnt  of  deeds,  ete.,  (.n 

other  officer,  as  the  ease  may  be),  to  be  used  and  recoi'ded  in  said  state  of 
Florida,  to  me  ■well  known  to  be  the  person  avIio  exeeuted  the  foregoing  (and 

annexed)  deed,  by  him  sealed  and  subscribed;  and  the  said acknowledged 

the  execution  tht-reof  to  be  his  free  act  and  deed,  for  the  uses  and  purposes 
therein  mentioned. 

In  witness  whereof  I  liave  hereunto  set  my  hand  and  affixed  my  official 
seal  the  day  and  year  tirst  above  written. 

Form  of  Corporation  Ackitowledgment. 

State  of  , 

County  of  . 

On  this day ,  A.  D.  18 — ,  before  me  (name  and  title  of  officer), 

personally  appeared  A.  B.,  president  (or  other  officer)  of  (name  of  corpora- 
tion), to  me  known  to  be  the  person  described  in  and  who  executed  the  fore- 
going instrument,  and  acknowledged  the  execution  thereof  to  the  free  act 
and  deed  of  the  (name  of  corporation),  for  the  uses  and  purposes  therein 
mentioned. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal  (if  the  officer  have  a  seal)  the  day  and  year  first  above  written. 

Actions. — Except  in  certain  attachment  cases,  are  begun  by  a  request  to 
clerk  of  court, in  writing  (called  a  prcecipe),  to  issue  a  summons  to  the  defen- 
dant, in  which  request  is  merely  stated  the  amount  sued  for,  without  stating 
fonn  of  action,  except  where  real  estate  or  specific  personalty  is  sought  to  be 
recovered. 

Such  summons  commands  the  defendant  to  appear  on  the  first  Monday  of 
the  next  following  month,  provided  there  be  ten  days  between  the  issuing  of 
the  summons  and  such  first  IMonday.  If  service  of  the  summons  be  made 
ten  days  before  the  nde  day  (as  such  first  Monday  is  termed),  the  defendant 
must  enter  his  appearance.  Upon  his  failure  to  do  so,  the  plaintiff  may  as  of 
course  have  a  default  against  him  entered  up  by  the  clerk.  If  the  defendant 
appears,  he  then  has  until  the  next  succeeding  rule  day  to  plead  or  demur. 
Upon  his  failure  so  to  do,  plaintiff  may  as  in  last  case  have  an  entry  of  de- 
fault against  the  defendant.  Upon  such  an  entry  of  default  in  either  event, 
the  plaintiff  may  at  any  subsequent  time  make  proof  before  the  clerk  of  his 
cause  of  action,  except  where  such  action  sounds  in  damages  wholly  requir- 
ing the  verdict  of  a  jury,  and  have  final  judgment  entered  thereon.  Upon 
such  final  judgment  execution  may  issue  at  any  time  after  ten  days.  Proof 
of  cause  of  action  after  default  may  be  by  oral  deposition  before  clerks,  or 
by  affidavit,  before  some  authorized  official.  In  forwarding  claims  for  collec- 
tion, creditors  shoiild  send  full  names  of  all  partners  (in  case  of  partnership) 
and  sworn  statement  of  account.  In  all  actions  based  upon  a  note,  bond  or 
other  instrument  in  writing  for  the  payment  of  a  specific  sum  of  money 
(with  or  without  interest)  or  where  no  other  step  is  necessary  than  mere 
computation  of  amount  due  thereon,  no  other  proof  than  production  and 
filing  of  such  instrument  is  required. 

Administration. — Letters  of  administration  or  letters  testamentary  are 
issued  by  the  judges  of  tlie  county  courts.  Any  executor  or  administrator 
must  be  at  least  twenty-one  years  of  age  and  of  sound  mind.  AVhere  minors 
are  named  as  executors  in  a  will,  letteis  are  granted  to  the  f)iher  executor  or 
executors,  if  any  be  named  ;  if  not,  then  to  the  next  of  kin,  or  such  other 
person  as  the  judge  may  a]3point,  until  such  minor  reaches  majority,  when 
lie  shall  be  qualified  and  act.  Letters  of  administration  are  granted  to  those 
applying  therefor  in  the  following  order:  The  husband  or  wife,  aiid  next 
such  as  are  entitled  to  distribution  in  the  order  of  consanguinity.  In  case 
no  such  apply,  or  if  though  applying,  there  exist  legal  impediments  to  such 
[Flor.  2,] 


168  FLORIDA. 

acting,  letters  may  be  granted  to  a  creditor  or  any  suitable  person  after  cita- 
tion published  for  six  weeks  in  a  newspaper  printed  in  the  county  wherein 
the  intestate  was  domiciled  at  time  of  death.  If  a  person  dies  out  of  Florida 
without  property  in  Florida,  but  with  debts  due  to  him  from  persons  living 
in  Florida,  letters  are  grantable  in  any  county  where  any  such  debtor  resides, 
to  any  person  who  may  produce  legal  authority  from  the  representatives  of 
the  decedent;  an  administrator,  however  appointed,  in  another  jurisdiction 
may  demand,  collect  (and  maintain  suits  in  Florida  for  the  collection  of) 
debts  without  taking  out  letters  of  administration.  But  he  cannot  defend. 
Executors  are  not  necessarily  required  to  give  bonds  but  may  be  so  required 
upon  a  proper  showing  of  any  necessity  therefor  at  the  motion  of  any  person 
interested.  Debts  are  to  be  paid  by  the  personal  representative,  in  the  fol- 
lowing ortler :  1.  Funeral  expenses.  2.  Board  and  lodging  during  last  ill- 
ness. 3.  Medical  attendance,  nursing  and  medicine  during  last  illness.  4. 
.Judgments  of  record  rendered  during  lifetime  of  decedent,  and  all  debts  due 
the  state  of  Florida.  5.  All  other  debts,  whether  by  specialty  or  otherwise, 
without  distinction  or  rank.  All  debts  and  demands  of  any  nature  whatever 
are  barred  unless  exhibited  within  two  years  from  the  publication  of  notice 
to  present  claims  to  the  administrator.  If  the  estate  be  worth  less  than 
$2,000,  the  period  of  limitation  is  one  year  instead  of  two. 

AfB.d.avitS. — Florida  courts  recognize  in  proof  of  claims,  affidavits  execu- 
ted abroad  before  any  official  there  authorized  to  take  the  same.  It  may  well 
be  doubted  whether  such  affidavit  is  sufficient  as  the  basis  of  a  judgment, 
where  objection  is  raised  by  the  defendant.  Where  it  is  practicable,  however, 
foreign  affidavits  should  be  made  before  a  commissioner  for  this  state,  duly 
appointed  by  its  governor. 

Aliens. — Have  same  right  to  acquire,  hold,  and  dispose  of  both  realty  and 
personalty  as  citizens. 

Appeals. — Are  allowed  from  all  final  judgments  of  courts  of  justices  of 
the  peace,  to  the  circuit  courts  ;  from  all  final  judgments  in  actions  at  law, 
and  from  all  final  decrees  in  chancery  from  the  circuit  courts  to  the  supreme 
court ;  also  from  nearly  all  interlocutory  decrees  in  chancery  ;  from  deci- 
sions of  the  county  courts  to  both  the  circuit  and  supreme  courts,  seriatim  ac- 
cording to  the  particular  ease.  In  order  to  operate  as  a  supersedeas  to  a  de- 
cree in  chancery,  appellant  must  give  such  bond  as  may  be  prescribed  by  the 
judge  of  the  court  below.  A  supersedeas  to  a  final  judgment  at  law  is  ob- 
tained by  giving  bond  to  secure  the  amount  thereof,  with  interest  and  costs. 

Arrests. — No  arrests  in  actions  at  law,  either  before  or  after  judgment. 

Assignments  and  Insolvency. — No  laws  relating  to  insolvency.  Debtors 
may  assign  their  property  with  or  without  preference,  according  to  provisions 
of  the  common  law. 

Attachment  Process. — May  issue  upon  affidavit  made  before  the  proper 
officer,  setting  forth  amount  actually  due;  that  plaintiff  has  reason  to  believe 
defendant  will  fraudulently  part  with  his  properly  before  judgment  can  be 
recovered,  or  is  actually  removing  his  property,  or  is  about  to  remove  it,  out 
of  the  state,  or  reside  beyond  the  limits  thereof,  or  is  actually  removing  out 
of  the  state,  or  absconds  or  conceals  himself,  or  is  secreting  property  or  fraud- 
ulently disposing  of  same,  or  actually  removing,  or  is  about  to  remove,  beyond 
the  judicial  circuit  in  wliich  he,  she,  or  they  reside.  Plaintiff  must  give  bond 
with  two  securities,  in  at  least  double  the  debtor  sum  demanded.  Also  where 
debt  or  demaiid  is  not  due,  but  the  same  will  fall  due  within  nine  months, 
upon  affidavit  made  of  annmnt,  and  as  to  time  it  shall  become  due,  and  that 
the  defendant  is  actually  removing  his  property  beyond  the  limits  of  the  state, 
or,  as  the  case  may  be,  is  fraudulently  disi)Osing  of  or  secreting  the  same,  to 
avoid  payment  of  his  debt,  provided  that  plaintiff  give  bond  as  above. 
fFlor  3.] 


FLORIDA.  169 

No  arrest  allowed  in  civil  actions.  Garnishment  process  issues  on  judgment 
rendered.  Writs  of  garnishment  may  also  be  issued  at  commencement  of 
suit,  or  at  any  time  afterward,  provided  the  plaintiff,  his  agent  or  attorney, 
will  make  affidavit  that  he  does  not  believe  the  defendant  will  have  in  his 
possession,  within  the  state  and  county,  visible  property  on  which  a  levy  could 
l)e  made,  sufficient  to  satisfy  such  execution  as  he  believes  he  shall  be  able  to 
obtain. 

Banks  and  Bankers. — May  be  inc(.>ri>orated  under  the  general  incorpora- 
tion law. 

Bills  of  Exchange  and  Promissory  Notes.— Subject  to  rules  of  the  common 
law  generally,  excL-pt  that  maker  and  endorser  cannot  be  sued  in  one  action, 
nor  can  acceptor  and  drawer.  Five  per  cent,  damages  allowed  on  foreign 
commercial  paper,  protested  in  Florida. 

Bills  of  Lading  and  Warehouse  Receipts. — Xo  statutes.  Common  law 
2»revails. 

Chattel  Mortgages. — No  mortgaged  property,  whether  personal  or  real, 
can  be  sold  in  Florida  under  any  power  of  sale  contained  in  the  instrument, 
but  must,  in  all  cases,  be  foreclosed  by  appropriate  equity  proceedings.  Pro- 
vision may  be  legally  made  for  the  payment  of  all  ct)sts  and  expenses,  includ- 
ing counsel  fees,  in  case  of  default,  out  of  the  proceeds  of  the  property  mort- 
gaged. 

Mortgages  of  personalty  are  by  statute  declared  to  be  "utterly  void,"  un- 
less recorded  according  to  law,  in  the  office  of  the  clerk  of  the  circuit  court 
for  the  county  wherein  the  property  is  situated,  or  unless  the  possession  of 
the  property  mortgaged  be  actually  delivered  to  the  mortgagee  within  twenty 
days  after  the  execution  of  the  mortgage,  and  continue  in  his  possession  bona 
Jide,  In  order  to  entitle  such  mortgage  to  be  recorded  so  as  to  operate  as  con- 
structive notice  to  the  world,  the  mortgagor  must  acknowledge  the  same  as 
in  cases  of  conveyance  of  real  estate,  and  it  must  have  two  witnesses  ;  or  if 
there  be  no  acknowledgment,  one  of  said  witnesses  must,  by  affidavit,  prove 
the  genuineness  of  the  signature  of  the  mortgagor.  A  seal  is  also  very  ad- 
visible  if  not  absolutely  necessary. 

Claims  against  Estates  of  Decedents.— ^lust  be  presented  within  six 
months  after  due  notice  given  by  legal  representative,  or  will  be  held  barred. 

Conditional  Sales  of  Personal  Property.— Xo  statutes.  No  decisions. 
Probably  valid. 

Corporations. — Generally  created  by  articles  of  association  under  the  gen- 
eral incorporation  law  of  the  state,  though  the  legislature  may  and  often  does 
create  them  by  special  enactment. 

Foreign  Corporations  doing  business  here,  are  required  to  appoint  an  agent 
to  represent  them,  upon  whom  service  of  legal  process  can  be  made. 

Costs. — Security  for  costs  can  be  demanded  by  any  official  before  issuing  or 
serving  papers.  Where  it  is  not  demanded,  the  attorney  for  the  party  in  de- 
fault becomes  personally  liable. 

Courts. — Terms  and  Jurisdiction  of. — Circuit  Courts  hold  two  terms  a  yea-- 
in  each  county,  the  state  being  divided  into  seven  circuits.  They  have  orig. 
inal  jurisdiction  in  all  equity  cases,  and  also  in  all  cases  at  law  involving 
over  $100. 

County  Courts  at  all  times  open  for  business  have  full  probate  powers. 

Justices  of  the  Peace  are  limited  to  actions  at  law  involving  $100  or  less. 

County  Judges  a,rc  ex-ojicio  jnst'iceH  of  the  peace.     There  maybe  criminal 

.[Floi.  4.1 


17U  FLORIDA. 

courts  of  record  created  in  such  counties  as  petition  the  legislature  therefor, 
to  try  all  misdemeanors  and  i-elieve  the  circuit  court.  They  hold  six  terms 
each  year. 

The  Supreme  Court  sits  only  at  Tallahassee,  holds  two  terms  each  year, and 
is  purely  an  appellate  tribunal. 

Court  Calender.— 

IT.  S.  CIRCUIT  AND  DISTRICT  COURTS,  NORTHERN  DISTRICT  OF  FLORIDA. 

These  courts  are  held  at  one  and  the  same  tune  as  follows :  At  Jacksonville  oi> 
1st  Monday  in  December,  with  an  adjourned  term  on  1st  Monday  in  April  of  eacli 
your.  At  Tallahassee  on  1st  Monday  in  February.  At  Pensacola  on  1st  Mondfiy  in 
iMareh. 

The  Circuit  Court  is  open  for  the  purpose  of  entering  orders  of  course,  takint; 
defaults,  and  tiling  appearances  and  pleadings  on  the  1st  Monday  of  each  month. 

STATE  SUPREME  COURT. 

This  court  holds  two  terms  in  each  year,  to  wit:— On  the  2d  Tuesday  in  January 
and  June,  and  such  adjourned  terms  as  the  Court  may  order. 

STATE  CIRCUIT  COURTS. 

The  State  is  divided  into  seven  Judicial  Circuits,  in  which  Courts  hold  two  terms 
a  year. 

FIRST  CIRCUIT. 

Spring  Term.— In  Santa  Rosa  County,  last  Monday  in  March;  Escambia  County, 
2d  Mondiiv  in  April ;  Walton  County,  1st  Monday  after  4th  Monday  in  April ;  Holmes 
County,  2d  Monday  after  4tli  Monday  in  April;  Washington  (Jounlj^  3d  Monday 
alter  4th  Monday  in  April ;  Jackson  County,  on  4th  Monday  after  4th  Monday  in 
April  of  each  year  ;  De  Sota  County,  1st  Monday  in  March. 

Pall  y(?r?n.— Santa  Rosa  County,  2d  Monday  in  October;  Walton,  4th  Monday  in 
October ;  Holmes  County,  2d  Wednesday  after  4th  Monday  in  October  •Washington 
County,  2d  Monday  after  4th  Monday  in  October;  Jackson  County,  8d  Monday  after 
4th  Mondav  in  October;  Escambia  County,  1st  Monday  of  December;  De  Sota 
County,  3d  Monday  in  September. 

SECOND  CIRCUIT. 

Spring  ro-m.— Liberty  County,  1st  Monday  in  March ;  Calhoun  County,  2d  Mon- 
day in  March;  Franklin  CounH;,  3d  Monday  in  March;  Gadsden  County, 4th  Mon- 
day in  March  ;  Jefferson  Coun^',  1st  Monday  after  4th  Monday  in  March  ;  Wakulla 
( 'ounty,  3d  Monday  after  4th  Monday  in  March ;  Leon  County,  4th  Monday  after  4th 
Monday  in  March. 

Frt^Z  Term.— Wakulla  County,  4th  Monday  in  October;  Jefferson  County,  1st 
Wednesday  after  1st  Monday  in  November;  Gadsden  County,  3d  Monday  in  Novem- 
ber; Liberty  County,  4th  Monday  in  November;  (Calhoun  County,  1st  Monday  after 
4th  ^Monday  in  November;  Franklin  County,  2d  Monday  after  4th  Monday  in  No- 
vember; Leon  County,  3d  Monday  after  4th  Monday  in  November. 

THIRD  CIRCUIT. 


in  October. 

FOURTH    CIRCUIT. 

Spring  7Vr»n.— In  St.  John's  fJounty,  2d  Tuesday  in  March;  Clay  County,  4th  Tues- 
day in  March;  Bradford  County,  1st  Tuesda.v  in  April;  Raker  ('ounty,  2d  Tuesday 
in  April;  Nassau  County,  3d  Tuesday  in  April  ;  Duval  County,  1st  Tuesday  in  May. 

Fall  7rrm.—In  St.  John's  County,  at  St  Aucrustinc,  2d  Tuesday  in  S(>pteml)er; 
Clay  County,  at  Green  Cove  Springs,  4th  Tuesday  in  September;  Bradford  County, 
at  Lake  Butler,  1st  Tuesday  in  October  ;  Baker  County,  at  Sanderson,  2d  Tuesday  in 
October;  Nassau  County,  at  ^'ornandina,  .3d  Tuesday  in  October ;  Duval  County,  at 
Jacksonville,  1st  Tuesday  in  November. 

[Flor.  5.] 


FLORIDA.  171 


KlI-TII    C'lKCUIT. 

Sjpriud  Term. — Sumter  County,  1st  Tui'sday  in  March;  Marion  County,  3d  Tues- 
day in  Marcli  ;  I'utnani  County,  Jid  Tuesday  alter  .{d  Tuesday  in  March;  Levy 
County,  4tli  Tuesday  after  Itli  TuescUiy  in  Marcli ;  Alacliua  County,  2d  Tuesday  atte'r 
4th  Tuesihiv  in  Anrll 


4th  Tuesday  .ill  April. 

Fall  TVrjH.— Sumter  County,  4th  Tuesday  in  Septeml)er;  Marion  County,  2d  Tues- 
day in  October;  Putnam  County,  2d  Tuesday  in  November;  Levy  County,  4th  Tues- 
day in  November ;  Alachua  County,  2d  Tuesday  after  4th  Tuesday  in  November. 

SIXTH    CIRCUIT. 

fipring  7>»-»h.— In  Manatee  County,  at  Pine  Level,  2d  Monday  In  March;  Hills- 
borough County,  at  Tampa,  4th  Monday  In  March;  Monroe  (>)uiity,  at  Key  West, 
2d  Monday  in  April;  Hernando  County,  at  Brooksville,  1st  Monthly  in  May;  Polk 
County,  at  Barton,  3d  Monday  in  May  ;  Citrus  County,  1st  Monday  in  March  ;  Pasco 
County,  od  Monday  In  Manrh  ;  I^ee  C'ounty,  3d  Monday  in  June. 

Fall  Trrm.—lw  Hernando  County,  1st  Monday  in  October;  Hillsborough  County.. 
.'!d  Monday  in  October;  Polk  County,  2d  Jlonday  after  3d  Monday  in  October; 
Monroe  County,  1st  Monday  in  December:  Citrus  County,  1st  Monday  in  October: 
P;iseo  County,  1st  Monday  after  4th  Monday  iu  October  ;  Lee  County,  3d  Monday  \\\ 
November. 

SEVENTH  CIRCUIT. 

Spring  Term.— In  Dade  County,  1st  Monday  in  March;  Brevard  County,  at  Titus- 
ville,3d  Monday  iu  March;  Volusia  (!ounty,  at  Enterprise,  2d  Monday  in  April; 
Orange  County,  at  Orlando,  2d  Monday  in  May;  Osceola  County,  1st  Monday  in 
May  ;  Lake  County,  1st  Monday  in  June. 

Fall  Term.— In  Dade  County,  1st  Monday  in  October;  Brevard  County,  3d  Mon- 
day in  October ;  \^olusla  ('ounty,  2d  Monday  in  November;  <)range  County,  2d  Mon- 
day in  December;  Osceola  County,  1st  Monday  in  May;  Lake  County,  1st  Mondays 
in  June. 

COUNTY  COURTS. 

These  are  open  at  all  times  for  business  within  their  jurisdiction. 

Curtesy. — Common  law  is  abrogated  by  statute.  (6'ec  Descent  and  Din- 
tributiou. 

Deeds. — IMust  be  under  seal,  signed,  sealed  and  delivered  in  the  presence  of 
at  least  two  witnesses,  who  sliall  attest  the  same  by  signing  their  names.  In 
order  to  be  admitted  of  record,  so  as  to  operate  i^onstrnctive  notice  to  persons 
dealing  withtlie  lands  conveyed,  they  must  be  a^j^nowledged  within  the  state, 
before  some  judicial  officer  or  a  notary  public,  or  proof  made  by  a  subscrib- 
ing witness  before  the  recording  officer.  .  Without  the  state  and  in  tlie  United 
States,  they  may  be  acknowledged,  of  course,  before  a  commissioner  of  deeds 
for  the  state,  and  also  before  any  officer  of  the  state  wherein  the  acknowledg- 
ment is  taken,  atithorized  by  the  laws  of  such  state  to  take  acknowledgments 
of  deeds.  In  the  latter  case,  the  t)fficer  taking  the  acknowledgment  sliould 
also  state  that  ho  is  duly  authorized  by  the  laws  of  the  state  to  take  acknowl- 
edgments of  the  execution  of  deeds,  and  if  he  ha«  no  official  seal,  the  usual 
certificate  as  to  his  signature  and  authority,  by  proper  officer,  is  required. 

Depositions- — May  be  taken  by  commission,  where  any  witness  resides  out 
of  the  state,  and  under  many  other  circumstances  not  necessary  to  be  stated  here. 
The  commission  is  issited  by  the  clerk  of  the  court  in  which  the  cause  is  pend- 
ing. It  may  be  delivered  to  the  party  applying  for  it,  with  the  names  of  the 
commissioners  in  blank,  so  tliat  the  party  may  send  it  to  such  commissioners 
as  he  chooses,  and  they  can  fill  in  their  names.  The  witness  is  sworn  by  tlic 
commissioner. 

At  the  conclusion  of  the  examination,  the  deposition  should  be  read  over  tiv 
the  witness,  and  he  should  subscribe  the  same,  which  should  be  followed  by 
a  certificate,  as  follows:  We  hereby  certify  that  thu  foregoing  answers  wei'e 
taken  down  by  us,  (or,  as  the  case  may  be,  "  written  down  by  the  witness,'") 
and,  having  been  read  over  to  the  witness,  were  by  him  signed  in  our  ])res- 
cnce  ;  that  we  are  not  of  kin  or  of  counsel  to  the  parties  in  this  case  or  in 
anywise  interested  therein. 
[Flor.  6  ] 


172  FLORIDA. 

Form  of  Instructions  for  taking  Depositions. 

CAPTIOI^. 

Deposition  of  witnesses,  produced,  sworn  and  examined  on  the day 

of ,  A.  D.  18 — ,  at  the  county  of ,  in  the  state  of  — — ,  by  virtue  of 

the  amiexed  commission  issued  out  of  tlie  clerk's  office  of  the  court  of  the 
,  in  the  county  of  ,  state  of  Florida,  to  us  directed,  for  the  examina- 
tion of  the  said  witnesses,  in  a  cause  there  pending  between ,  phiintiff, 

and ,  defendant,  on  the  part  of  the  plaintilf  (or  defendant,  as  the  case 

may  be),  being  duly  sworn,  deposeth  and  auswereth  as  follows,  namely. 

(Give  names  of  witnesses. ) 

1.  To  the  first  interrogatory,  the  witness  saith,  that,  etc.,  and  soon,  to 
■each  successive  interrogatory  until  the  whole  are  answered.  The  witness  mvist 
then  sign  the  deposition,  and  the  commissioners  attest  the  signature  by  the 
following  jurat  : 

Sworn  to  and  subscribed  before  vis,  the day  of .  A.  T).  13 — . 

—  and  ,  Commissioners. 

If  there  are  any  cross-interrogatories,  the  commissioners  should  jjroceed 
with  them,  inserting  the  answers  immediately  following  the  answers  of  the 
•  direct  interrogatories,  in  the  form  following  : 

The  said  witness  answers  and  deposes  to  the  cross-interrogatories  as  fol- 
lows, namely: 

1.  To  the  first  cross-interrogatory  he  answers  and  says,  etc.,  and  the 
:iinswcrs  to  the  cross-interrogatories  should  be  signed  by  the  witness  and  at- 
tested by  the  commissioners,  in  the  same  manner  as  directed  for  the  direct 
interrogatories. 

At  least  two  commissioners  must  join  in  the  execution  of  the  commission. 

When  the  examination  is  concluded,  the  commission,  interrogatories  and 
answers  must  be  enclosed  in  an  envelope,  the  commissioners  must  write  their 
names  across  tlie  seals  on  the  envelopes,  and  having  endorsed  thereon  the  title 
of  the  cause,  thus  : 

vs. ,  third  judi(M,l  circuit  of  Florida,  in  circuit  court,  county. 

Direct  the  packet  to ,  clerk  circuit  court,  of county,  Florida,  at 

,  Florida. 

Packages  containnig  the  commission,  etc.,  may  be  returned  to  the  clerk 
of  the  court  by  a  party  in  the  cause,  or  other  person,  or  by  mail. 

Note. — The  cvistomary  abbreviations  or  initials  of  office,  or  of  the  chris- 
tian names  of  the  commissioners,  postmasters,  magisti'ates,  clerks,  attorneys 
and  witnesses  are  sufficient. 

Descent.-^The  real  estate  of  persons  dying  intestate,  descends  as  follows  : 
In  the  case  of  a  husband  to  the  children,  share  and  share  alike.  If  there  be 
a  widow,  she  niay  elect  to  take  a  child's  part  within  twelve  months  after  the 
granting  of  letters,  else  she  will  be  confined  to  her  dower.  And  if  there  be 
no  children  and  there  be  a  widow,  slie  becomes  the  sole  heir-at-law.  Upon 
the  death  of  a  married  woman  intestate,  the  husband  and  the  children  of  the 
woman  inherit  equally.  If  there  be  no  children,  the  husband  takes  the 
whole.  It  is  not  deemed  worth  while  to  follow  out  the  rule  of  descent 
further. 

The  widow  is,  in  all  cases,  unless  she  elects  to  take  a  child's  part  as  above 
.stated,  entitled  to  be  endowed  of  an  estate  for  herself,  in  one-third  of  all  the 
lands  of  which  her  husband  was,  at  any  time  during  the  nxarriage,  seized  in 
fee,  and  whicli  were  not  conveyed  by  the  joint  deed  of  husband  and  wife,  and 
^one-third  absolutely  of  all  his  personal  estate. 


FLORIDA,  17S-. 

Distress. — Distress  warrants  for  the  collection  of  rents  may  issue  from  the 
county  Judge  or  a  justice  of  the  peace,  according  to  the  amount  involved. 
The  common  law  remedy  of  distress,  it  is  believed,  may  also  be  used. 

Divorce. — -1  vinculo  matrimonii  may  be  decreed  by  the  circuit  court. 
There  is  no  divorce  a  mensa  etthoro.  The  complainant  must  have  resided  in 
the  state  two  years.  Divorce  may  be  had  for  the  following  causes  ;  Where 
the  jiarties  are  within  the  degrees  pn_>hibited  by  law  ;  where  either  party  is 
naturally  impotent ;  where  either  has  committed  adultery.  (The  decree,  in 
no  case,  shall  render  illegitimate,  issue  born  during  marriage.)  Also,  for  the 
following  causes  ;  Where  either  of  the  parties  had  another  wife  or  husband 
living  at  the  time  of  his  or  her  marriage  ;  (where  either  of  the  parties  had  a 
former  wife  or  husband  living  at  tlie  time  of  marriage,  the  marriage  is  abso- 
lutely void  and  the  issue  illegitimate)  ;  for  extreme  cruelty,  for  habitual 
indulgence  of  violent  and  ungovernable  temper  ;  for  habitual  intemperance  ; 
for  wilful,  obstinate,  and  continued  desertion  for  the  period  of  one  year. 

Where  there  has  been  a  divorce  in  another  state,  either  of  the  parties  who 
subsequently  reside  in  this  state  for  two  years,  may  have,  upon  that  ground 
a  decree  of  divorce  here.  Where  the  party  against  whom  the  complaint  is 
made,  resides  out  of  the  state,  or  has  removed  therefrom,  so  that  ordinary 
process  cannot  be  served,  service  may  be  made  by  publication  for  the  space 
of  three  months,  at  least,  in  some  public  newspaper  of  the  state,  or  the  court 
may  order  sennce  by  copy  of  the  bill  and  an  order  for  a  hearing  thereon,  duly- 
certified  by  the  clerk  of  the  court,  served  upon  the  defendadaut,  at  least 
three  months  before  the  day  appointed  for  the  hearing. 

DoWQT.—iSce  Descent  and  Distribution.) 

Form  of  Relinquishment  of  Doiccr  by  the  Wife. 

State  op  Flokida,    } 
County  of  .      S     ' 

I,  (name  of  officer  and  designation  of  officer  before  whom  acknowledg- 
ment is  made)  do  hereby  certify  unto  all  whom  it  may  concern,  that ,  to 

me  well  known  as  the  wife  of ,  and  as  one  of  the  persons  described  in, 

and  who  executed  the  foregoing  deed  of  conveyance  (as  the  case  may  be),  did 
this  day  to  me,  on  a  private  examination  made  separately  and  apart  from  her 
said  husband,  acknowledge  and  declare  that  she  made  herself  a  party  to  and 
executed  the  same  for  the  purpose  of  renouncing  and  relinquishing  all  and 
every  dower  and  right  of  dower  in  and  to  the  lands  in  said  conveyance  de- 
scribed, and  that  the  same  was  done  by  her  freely  and  voluntarily,  and  with- 
out any  constraint,  apprehension,  or  fear  of  or  from  her  said  husband,  the 
said . 

In  witness  whereof,  I  have  hereunto  set  my  hand  and   affixed  my  official 
seal,  this day  of ,  A.  D.  18 — . 

Evidence. — Xo  disqualification  of  witnesses  on  account  of  interest,  except 
in  actions  by  or  against  executors  or  administrators. 

Executions. — ^lust  be  renewed  every  six  years.  No  stay.  They  are  re- 
turnable when  satisfied.  Sheriff  reporting  progress  at  each  term.  No  redemp- 
tion of  property  sold  thereunder.  ]May  issue  at  any  time  not  less  than  ten 
days,  (unless  by  special  order  of  the  court)  nor  more  than  two  years  after 
rendition  of  final  judgment. 

Executors. — An  executor  must  be  twenty-one  years  of  age  or  upwards^ 
and  of  sound  mind.     Where  executors  named  in  a  will  are  minors,  letters 
are  grantable  to  the  other  or  others  named  in  the  will,  if  such  there  be,  if 
not.  then  letters  are  granted  to  the  next  of  kin,  or  to  some  appointee,  until 
[Flor.  8.] 


174  FLORIDA. 

such  minor  or  minors  become  of  age,  when  ho  or  they  are  deemed  capable  to 
act.  Executors  of  wills  are  not  required,  as  a  matter  of  course,  to  give 
bond.  Where  an  executor  resides  or  has  removed  beyond  the  limits  of  the 
.state,  and  has  no  agent  within  the  state  upon  whom  service  can  be  made,  at- 
tachment may  issue  against  the  effects  of  the  testator  in  the  control  of  such 
lexecutor. 

Exemptions,— Homestead  of  100  acres  of  land  and  improvements,  if  in 
the  country  ;  a  residence  and  one-half  acre  of  ground,  if  in  an  incorporated 
city  or  town,  together  with  $1,000  worth  of  personal  property.  The  exemp- 
tions in  a  city  or  town  shall  not  extend  to  more  improvements  or  buildings 
than  the  residence  and  business  house  of  the  ownei-.  No  property  is  exempt 
from  sale  for  taxes,  or  for  obligations  contracted  for  its  purchase,  or  the 
'erection  of  improvements  thereon,  or  for  house,  field  or  other  labor  per- 
formed tliereon.  Tlie  wages  of  every  laborer  who  is  the  head  of  a  family 
rosiduig  in  the  state  are  exempt  from  attachment.  By  the  new  constitution 
'(article  10),  in  force  after  December  .31,  1886,  these  exemptions  inure  to 
widow  and  heirs.  Holder  of  homestead  alienates  same  by  deed  duly  execu- 
ted and  delivered.  If  witliout  children,  holder  mav  dispose  of  homestead 
by  will  m  any  manner  prescribed  by  law.  No  hornestead  in  the  country 
shall  be  reduced  in  area  by  reason  of  its  being  subsequently  included  within 
the  limits  of  an  incorporated  city  or  town,  without  the  consent  of  the  owner. 

Factors. — Common  law  prevails. 

False  Pretense. — Avoids  contract  ''^"(^  n'iiy  subject  oftender  to  criminal 
action. 

Frauds,  Statute  of.— Contracts  for  the  sale  of  any  personal  property  are 
invalid,  unless  buyer  accepts  part  of  goods  sold,  and  actually  receives  same, 
or  gives  something  in  earnest  or  part  payment  or  some  memorandum  of  the 
trade  is  made  in  writing  and  signed  l^y  the  party  to  be  charged.  Executors 
and  administrators  are  not  persoiiiilly  liable  for  the  debts  of  their  decedents, 
nor  is  any  person  liable  upon  a  special  promise  to  answer  for  the  debt  or  de- 
fault of  another,  or  ui^on  any  agreement  made  upon  consideration  of  mar- 
riage, or  upon  any  contract  for  tlie  sale  of  lands  or  any  interest  therein,  or 
for  any  lease  of  lands  for  a  longer  period  than  one  year,  or  upon  any  agree- 
ment not  to  be  wholly  performed  witliin  a  year  from  the  time  of  making  the 
same,  unless  tlie  agreement  or  promise  or  some  memorandum  thereof  shall 
■be  made  in  writing  and  signed  by  tlie  party  to  be  charged  or  his  lawfully 
authorized  agent. 

Gamislunent. — Writs  of  garnishment  may  be  issued  at  the  time  of  suit 
In-ought,  or  pending  the  suit,  upon  oath  by  the  plaintiff,  his  agent  or  attor- 
ney, that  he  does  not  believe  that  tlie  defendant  will  liave  in  the  county  and 
state  wliereiu  the  suit  is  brought,  sufficient  i)roperty  in  his  possession  upon 
which  a  levy  can  l)e  made  to  satisfy  the  judgment  whi<;h  the  affiant  believes 
the  plaintiff  will  obtain  in  the  suit.  The  name  of  garnishee  is  merely  stated 
by  affiant.  Such  writs  may  issue  upon  judgments  at  suggestion  by  judg- 
ment creditor  of  the  indebtedness  of  tlie  ganiisliee  to  tlie  defendant.  No 
'bond  is  required. 

Grace. — Three  days'  grace  allowed  on  all'papcr  as  established  by  the  rules 
of  the  common  law,  except  on  sight  drafts." 

Homestead. — (See  Exempt  ion  n.) 

Insolvent  Laws.— None  exist 

[Flor.  9.] 


FLOltlDA.  175 

Interest  and  Usury. — Legal  rate  8  per  cent.,  which  rate  is  allowed  on 
judgineuts  and  (»n  all  contracts  where  interest  is  allowable,  l)nt  no  rate  sptv 
cified.  All  usury  laws  have  l)eeu  repealed  and  any  rate  agreed  upon  in  writ- 
ing is  enforceable. 

Judgments. — Of  a  court  of  record  and  of  justice  court  where  transferred 
ai'c  a  lien  ui)ou  real  estate  of  debtor  within  the  county  whei'e  rendered,  and 
may  be  extended  to  other  counties  by  recording  certified  transcript  of  judg- 
ment in  any  county  where  a  lien  is  sought.  Same  is  true  of  decrees  of  courts 
of  equity.  And  where  an  execution  issues  within  three  years  from  the  date 
of  tlie  rendition  of  the  judgment,  the  lieu  is  preserved  for  twenty  years 
without  revival. 

Justices  of  the  Peace  and  Judges  of  the  County  Courts. — Have  jur- 
isdiction of  all  claims  for  debt  ordaniagcs  not  exceeding  slOO.  Every  county 
judge  is  ex-offlcio  justice  of  the  peace.     They  may  issue  attachments. 

Landlord  and  Tenant. — {See  Dixtress.) — Summary  process  for  eviction 
and  I'estoration  of  possession  on  non-payment  of  rent  exists  by  statute. 
County  judge  has  jurisdiction  of  same. 

Leases. — If  for  not  over  one  year  they  may  be  valid.  If  for  over  one  year 
they  must  be  in  writing.  If  for  seven  years  or  over,  they  must  be  executed 
with  the  same  formality  as  attend  the  execution  of  deeds,  and  be  duly  ac- 
knowledged and  recorded  in  order  to  be  valid  against  third  parties  without 
notice. 

License. — Local  option  by  counties  and  cities  to  determine  question 
Avhcther  or  not  licenses  shall  issue  to  sell  liquor.  Annual  license  fee  $600. 
No  election  oftener  than  biennially. 

Liens. — Lessor  of  land  or  buildings  has  a  lien  for  rent  superior  +o  all  other 
liens,  except  as  to  property  brought  by  lessee,  or  to  the  land  with  a  lien 
already  existing  in  favor  of  some  third  person. 

Mechanics  and  material  men  may  have  a  lien  upon  any  building  they  have 
constructed  or  repaired  or  furnished  material  for,  and  also  on  the  interest  of 
the  owner  thereof  in  the  land  on  which  such  building  stands,  to  the  extent  of 
the  value  of  material  furnished,  or  labor  dcnie.  To  acquire  such  lien,  notice 
of  intention  to  hold  the  same  nuist  be  filed  within  sixty  days  in  the  office  of 
the  clerk  of  the  circuit  court  for  the  county  wherein  such  building  is  situ- 
ated. Suit  may  be  brought  to  enforce  this  lien  within  twelve  months  from 
the  completion  of  the  work  or  furnishing  of  materials,  or  after  the  expira- 
tion of  credit,  if  credit  be  expressly  stipulated.  Unless  suit  be  brought 
within  such  time,  lien  becomes  abandoned. 

Limitations,  Statutes  of. — For  the  recovery  of  real  estate  :  within  seven 
years  of  the  commencement  of  adverse  possession  by  the  defendant,  and  no 
action  for  the  recovery  of  real  estate  and  no  defence  to  an  action  founded 
upon  the  title  to  real  property,  or  to  rents  or  services  out  of  the  same,  shall 
be  effectual  unless  it  appear  that  the  person  pii)secuting  the  action  or  mak- 
ing the  defence  or  under  whose  title  the  prosecution  or  defence  is  made,  was 
seized  or  possessed  of  the  premises  within  seven  years  before  the  accruing 
of  the  right  of  action  or  defence,  except  iu  case  of  title  derived  directly  from 
the  United  States  or  the  state  of  Florida.  In  such  case,  limitation  shall  not 
commence  to  run  until  the  date  of  the  patent.  Other  actions  as  follows  :  ac- 
tions on  judgments  of  courts  of  the  United  States,  or  of  any  state  or  terri- 
tory, contract  or  obligation  in  writing  under  se<al  ;  within  five  years,  con- 
tracts in  writing  not  under  seal ;  within  three  years,  trespass  to  realty,  tak- 
ing, detaining  or  injury  to  chattels;  for  relief  on  ground  of  fraud  upon  con- 
[Flor.  10.] 


176  FLORIDA. 

tract  not  founded  upon  instrument  of  writing,  except  open  account  for  goods,, 
wares  and  merchandise  ;  within  two  years,  action  for  libel,  slander,  assault, 
battery,  false  imprisonment,  an  open  account  for  goods,  wares  and  merchan-- 
dise.     No  renewal  except  by  promise  in  writing. 

Limited  Partnerships. — May  be  formed  by  two  or  more  persons  for  the 
purpose  of  conducting  any  business  whatever,  except  banking,  insurance, 
railroad  or  canal  enterprises.  Besides  the  partnership  assets,  each  partner  is 
held  responsible  in  a  sum  equal  to  his  original  investment  in  the  partnership 
business.  Unless  articles  of  co-partnership  provide  differently,  any  one  of 
the  partners  may  bind  the  firm. 

Articles  of  co-partnership  must  be  executed,  witnessed  and  acknowledged 
in  the  same  manner  as  deeds,  and  filed  with  and  recorded  by  the  clerk  of  the 
circuit  court  in  the  county  in  which  the  principal  place  of  business  is  situ- 
ated. Such  articles  shall  give  the  name  of  the  firm,  the  general  nature  of 
the  business,  names  of  partners  and  places  of  residence,  amount  and  nature 
of  capital  contributed  by  each,  and  the  periods  of  commencement  and  term- 
ination of  said  co-partnership.  The  word  "limited"  sliall  be  attached  to 
the  signature  of  tlie  firm  in  all  business  transactions.  At  the  time  of  filing- 
said  articles  with  the  clerk,  the  affidavit  of  one  of  the  partners  shall  be  filed 
therewith,  stating  exact  amount  contributed  by  each  partner.  Terms  of 
partnership,  when  thus  recorded,  are  to  be  published  in  county  of  principal 
p'xace  of  business  at  least  six  weeks  ;  otherwise,  pai-tnership  shall  be  deemed 
general. 

Married  Women. — Retain  their  property,  real  or  personal,  owned  at  mar- 
riage or  acquired  tliereafter  by  gift,  devise,  descent  or  purchase,  free  from 
control  of  the  husband,  and  not  liable  for  his  debts.  Except  with  her  con- 
sent, given  by  some  instrument  in  writing,  executed  according  to  the  law  re- 
specting conveyances  by  married  women. 

A  married  woman  may  become  a  free  dealer  by  an  order  of  judge  of  cir- 
cuit court  after  proper  statutory  proceedings,  whereupon  she  may  contract 
exactly  as  if  she  were  afemme  sole,  except  with  her  own  husband. 

Husband  must  join  in  all  sales,  transfers  and  conveyances  of  the  wife's 
property.  Widow  takes  dower  in  a  life  estate  in  one-third  part  of  the  real 
estate  of  which  her  husband  was  seized  and  possessed  at  any  time  during  her 
coverture,  and  an  absolute  one-third  of  all  personalty  ;  or  may,  at  her  option 
take  as  an  heir  equally  with  the  children  of  the  husband  ;  and  if  there  are  no 
children,  she  will  iiUierit  all  the  property,  real  and  personal. 

By  article  II,  section  2  of  the  new  constitution,  it  is  provided  that  "A  mar- 
ried woman's  separate  real  or  personal  property  may  be  charged  in  equity 
and  sold,  or  the  uses,  rents  and  profits  thereof,  sequestrated  for  the  purchase 
money  thereof ;  or  for  money  or  thing  due  upon  any  agreement  made  by  her 
in  writing  for  the  benefit  of  her  separate  property  ;  or  for  the  price  of  any 
property  purchased  by  her,  or  for  labor  and  material  used  with  her  knowl- 
edge or  assent  in  the  construction  of  buildings,  or  repairs,  or  improvements 
upon  her  property,  or  for  agricultural  or  other  labor  bestowed  thereon,  with 
her  knowledge  and  consent. 

Mechanics'  Liens. — (See  Liens.) 

Minors. — Minors  become  of  age  at  21.  No  exception  on  account  of  either 
sex  or  coverture.  A  minor  desiring  to  do  business  on  his  or  her  o^vn  account 
may  become  a  free  dealer  by  proceeding  as  a  married  woman  may  do  having 
same  object  in  view.  Where  minors  arc  defendants  they  must  bo  served 
with  process  before  any  guardian  ad  litem  is  appointed. 

Mortgages  of  Real  Estate. — All  instruments  conveying  or  selling  prop- 
erty executed  citlicr  to  the  creditor  direct  or  to  somi;  third  person  for  liim,  if 
intended  to  secure  the  payment  of  money  are  deemed  and  held  as  mortgages. 

[Flor.'ll.] 


FLORIDA.  177 

A  mortgage  of  realty  should  be  executed  in  the  manner  jjrovidcd  in  the  case 
of  deeds,  and  must  be  recorded  in  the  records  of  the  county  where  the  prop- 
erty is  situated  to  make  it  ett'ectual  against  subsecjuent  j^urchasers  for  valu- 
able consideration  anil  without  actual  notice.  Tlie  mortgagor  retains  pos- 
session and  his  interest  can  only  be  divested  by  legal  proceedings  after  default 
ill  some  condition  of  the  mortgage.  Executors  and  adniinistrators  may  not 
mortgage  the  homestead  of  their  decedent. 

Notes — (See  Jiills  of  Exchange.) 

Oaths. — {See  Affidavits.) 

Promissory  Notes. — (See  Bills  of  Exchange.) 

Practice. — {See  Actions.) 

Proof  of  Claims. — (See  Affidavits.) — Affidavits  attached  to  open  accounts 
should  set  out  the  parties,  the  relation  of  affiant  to  plaintiff,  (agent,  clerk, 
member  of  tirm,  &c.),  the  fact  that  the  goods,  &c.,  were  sold  and  delivered 
by  the  plaintiff  to  the  defendant  at  the  time  and  at  the  prices  therein  charged; 
that,  on  a  day  therein  named,  the  amount  claimed  was  due  from  defendant 
to  plaintiff,  and  that  the  same  has  not  been  paid  or  any  part  thereof,  except 
as  therein  stated. 

Recording. — (See  Chattel  Mortgages,  Deeds,  Leases,  Liens  and  Mortgages.) 

Redemption. — (See  Taxes  and  Executions.) 

Replevin. — May  be  bi-ought  to  recover  goods  and  chattels  wrongfully 
taken  or  detained.  Bond  is  required  to  be  given  in  double  the  estimated 
value  of  the  property  to  be  replevied.  Defendant  in  replevin  has  three  days 
in  which  to  re-replevy  by  giving  bond  in  double  the  value  of  the  property. 

Revenue. — (See  Taxes  and  License.) 

Revision. — Legislature  meets  biennially  in  April  of  every  odd  year  at 
Tallahassee,  for  the  pui-pose  of  revising  the  existing  statutes  of  the  state 
and  other  constitutional  duties. 

Revivor. — Bills  of  revivor  in  equity  are  governed  by  the  usual  rules  of 
chancery  practice  which  are  in  general  the  same  as  in  vogue  in  the  Federal 
courts. 

Seal. — Necessary  to  all  instruments  in  order  to  entitle  them  to  be  recorded. 
Mere  scroll  or  printed  word  ''seal"  is  sufficient.  Every  court  of  record  has 
its  own  distinct  seal  and  must  act  by  it. 

Security  of  Costs,  etc. — (See  Costs.)  ^ 

Stay  of  Execution. — None  in  Florida. 

Suits.— (•''Vf  Actions.) 

Supplementary  Proceedings.— Common  law  governs. 

Taxes. — Are  assessed  against  owner  or  occupant  of  lands  on  March  1st  of 
each  year,  where  known  (otherwise  assessed  as  "unknown"),  and  are  liable 
to  be  sold  for  non-payment  of  taxes  in  one  year  from  that  date.  Where  sale 
has  been  made,  owner  has  one  year  in  which  to  redeem  upon  payment  of 
amount  of  sale  and  twenty-five  per.  cent  thereon. 
[Flor.  12.1 


178  FLORIDA. 

Trust  Deeds. — Must  be  in  writing,  signed  and  sealed  as  ordinary  deeds, 
except  where  trust  arises  by  iniplicatiun  of  law,  in  which  case  the  common 
law  rules  and  doctrines  of  equity  govern. 

Usury. — {See  Interest  and   Usury.) 

Wages.  — ( »S( t'   Exeniptiuiis. ) 

Wills. — Any  ])erson  twenty-one  years  old  and  upwards  has  power,  by  will 
and  testament,  to  dispose  of  all  his  lands  and  effects.  8uch  will  must  be 
signed  by  the  testator  or  by  some  one  in  his  presence,  by  his  express  direc- 
tion, and  shall  be  attested  and  subscribed  in  the  presence  of  the  testator, 
by  three  or  more  witnesses.  It  may  be  proved  by  the  person  named  as  ex- 
ecutor, if  disinterested,  or  by  any  disinterested  credible  person.  Wills  made 
in  other  states  relating  to  property  in  tliis  state  shall  only  be  effectual  here 
provided  they  have  been  made  to  conform  to  the  aljove  requirements.  Nun- 
cupative wills  ai'c  effective  wlien  made  in  the  presence  of  three  witnesses, 
.some  of  whom  were  requested  by  the  testator  to  bear  witness  to  the  fact  of 
its  being  his  will,  aud  when  made  in  the  testator's  last  sickness.  After  six 
months  passed  after  the  speaking  of  said  testamentary  words  no  testimony 
shall  be  received  to  prove  any  nuncupative  will,  unless  the  said  testimony, 
or  the  substance  tliereof,  were  reduced  to  writing  within  six  days  from  the 
making  of  said  will,  and  were  swt)rn  to  before  some  judicial  t>fficial  of  this 
state  within  the  said  six  days. 

Witnesses.— (^'cf  Emlence.) 


[Flor.  IS.] 


FLORIDA. 


179 


ATTORNEYS    IN     FLORIDA. 


Bold  Face  Type  denotes  county  seats.        A  dash  (— )  le.ss  than  100  population. 
Figures  after  names  when  admitted  to  tlie  Bur.        A  stnr  (*)  Notaries  Public. 
A  double  dagger  (t)  our  Compiler  of  Laws. 
A  dagger  (f)  former  recommendations  witlidrawn. 


I'LACK. 

COUNTY. 

NAMES   OF  ATTOltNKYS. 

popula'n. 

Apalachicola 

Franklin 

H.  C.  Hicks. 

3,39(5 

Bartow 

Polk 

J.  W.  Brody,  "77. 

3,500 

Bronson 

Levy 

S.  L.  Carter. 

41o 

Bristol 

Liberty 

R.  F.  Hosford. 

300 

Brooksville 

Hernando 

T.  M.  Shackelford. 

8«»7 

Cerro  Gordo 

Holmes 

{See  Marianna.^ 

375 

Clermont 

Lake 

WM.  A.  HOUf  E,  •C:] 



Crawfordville 

Wakulla 

Duval  &  Walker. 

275 

DaYtoiia 

Volusia 

C.  IL  Spencer. 

1,200 

DeLaiid 

Volusia 

Hamlin  &  Stewart. 

1,250 

Enterprise 

Volnsia 

J.  W.  Price. 

500 

Euchee  Anna 

Walton 

D.  Campbell. 

301 

Eustis 

Orange 

J.  L.  Brown. 

1,250 

Fernandina 

Nassau 

D.  M.  Hammond. 

3,000 

Gainesville 

Alachua 

Taylor  &  Sancliez. 

4,500 

Green  Cove  Spring  Clay 

P.  C.  Fisher. 

1,200 

Jacksonville. 

Duval  County.            Poi'ulation 

26,00C 

1. 

SILAS  A.  BRADLEY, 

"55. 

Reference — James  W.  Sclmmaclie 

r,  Pres.  1st  National  Bank  of  Florida. 

R.  C. 

Cooley,  Cashier 

Fernandina  Bank,  Fernandina, 

Florida. 

\  Holmes  A.  Pottison. 

Jasper 

Hamilton 

PL  T.  Stewart. 

311 

Key  West 

Monroe 

E.  0.  Locke. 

20,000 

Kissimee 

Orange 

ANDREW.J.  ROSE, 

"80. 

1,300 

Lake  Butler 

Bradford 

S.  B.  Rhodes. 

275 

Lake  City 

C^olumbia 

B.  H.  Palmer. 

1,338 

Live  Oak 

Suvs^annee 

White  &  White. 

1,460 

Madison 

Madison 

Hon.  E.  J.  Vaun. 

1,256 

Marianna 

Jackson 

Liddon  &  Carter. 

1,586 

Milton 

Santa  Rosa 

J.  Chain. 

1,550 

Miami 

Dade 

{See  Key  West.) 

150 

Monticello 

Jefferson 

S.  Pascoe. 

1,250 

New  Troy 

La  Fayette 

G.  AV.  Breare. 

275 

Ocala 

Marion 

II.  L.  Anderson. 

2,700 

Orange  City 

Volusia 

ALB  ERT  M.BAILEY 

,'00. 

1,102 

Orlando.  Ouange  County.  Population  5,500. 

X  Cheney  (John  M.)  &  Odlin  (Arthur  F. ). 

<SV'<'  Caril  ill  Api>cii((i.r,  paijc  vi. 

HAPJHSON,-::-  "(is  (H.  C.)  &  PEELER.-  -.s:;  (W.  L.). 


180 


FLORIDA. 


NAME   OF    ATTORMEYS.      POPULA  N 


Palatka 

Putnam 

Davis  ifc  Vary. 

4,000- 

Pensacola 

Escambia* 

R.  L.  Campbell. 

10,000 

Perry- 

Taylor 

J.  R.  Kimbrew. 

230 

Plant  City- 

Hillsborough 

J.  S.  Young. 

600 

Pine  Level 

Manatee 

Z.  T.  Crawford. 

35.'> 

Quincy 

Gadsden 

A.  K.  Allison. 

975 

St.  Augustine 

St.  Johns 

J.  "W.  Henderson. 

3,392 

Sanderson 

Baker 

(See  Jacksonville.) 

.S50 

Starke 

Bradford 

Thos  E.  Bugg. 

1,000 

Tallahassee 

Leon 

f  J.  A.  Henderson, 
tt^'.  W.  McGrif 

3.465 

Tampa 

Hillsborough 

BARROW  PHILLIPS,  '67        4,000 

Titusville 

Brevard 

Jones  &  Allen. 

230 

BANKS    IN    FLORIDA. 


Giving  tlie  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  ot  one 
bank  in  each  county  of  this  State  in  wliich  such  a  banking  institution  is  located. 


PAID  UP 

PLACE. 

NAME   OF    BANK. 

CASHIER. 

CAPITAL. 

Apalachicola 

Herman  Rugs  &,  Sons 

Bartow 

Polk  County  Bank 

W.  J.  Emerson. 

$  35,000 

De  Land 

Volusia  County  Bank 

Fred.  S.  Goodrich. 

5,000 

Eustis 

Bank  of  Eustis 

(Bishop  Bros. ) 

5,000 

Gainesville 

H  F  Dutton  &  Co 

50,000 

Jacksonville 

Nat  B'k  State  of  Florida 

J.  N.  C.  Stockton. 

100,000 

Key  West 

Bank  of  Key  West 

Geo.  W.  Allen. 

50,000 

Kissimee  City 

Kissimee  City  Bank 

F.  H.  Skelding. 

26,000 

Lake  City 

Lake  City  Bank 

(N.  S.Collins  &  Co.) 

25,000 

Leesburg 

Bank  of  Leesburg 

(Gager  Bros.) 

Ocala 

First  National  Bank 

A.  Mclntyre. 

50,000 

Orlando 

a                  a                  .t 

N.  Poyntz. 

35,000 

Palatka 

(<                  a                  (( 

H.  C.  Payne. 

100,000 

Pensacola 

((                  ^i                 11. 

W.  A.  S.  Wheeler. 

50,000 

Sanford 

The  Lyman  Bank 

C.  F.  Parmele. 

13,500 

Stanton 

Bank  of  Lake  Weir 

F.  C.  IBuftum. 

25,000 

St.  Augustine 

First  National  Bank 

Geo.  W.  Gibbs. 

50,000 

Tallahassee 

(B  C  Lewis  &  Sons) 

Tampa 

First  National  Bank 

T,  C.  Taliaferro. 

50,000 

STATE  OF 

GEOROIA. 

SU:\rMARY   OF 

CoLLKCTioN    Laws. 

CocRT  Calendar,   Instructions  for  taking  Depositions,  Legal  Forms,  Etc. 
Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "Showers' 
Legal  Directory  and  Merchants'  Guide."  for  1888,  by 
James  L.  anderson  of  the  Macon  Bar. 

Ackno-wledgments.— (>Sce  Deeds.) 

Actions. — Actions  are  brought  in  justice  court  by  written  summons,  issued 
and  signed  bytlie  ju.stice  of  the  peace,  in  wliicli  tlie  time  and  place  of  trial 
.shall  be  specitied,  and  to  which  a  copy  of  the  note,  account,  or  cause  of  action 
sued  on  shall  be  attached.  The  summons  should  bear  date  fifteen  days  before 
the  time  of  trial,  and  should  be  served  upon  the  defendant  by  giving  him  a 
■copy  in  person,  or  leaving  the  same  at  his  usual  and  most  notorious  place  of 
abode,  at  least  ten  days  before  the  trial — which  is  at  the  first  term,  uidess 
continued  by  operation  of  law,  or  from  some  good  cause  shown. 

The  practice  and  modes  of  procedure  in  the  county  courts  are  the  same  as 
in  the  superior  courts,  except  where  suits  are  brought  to  the  monthly  terms 
(see  court),  such  being  governed  by  justice  court  rules — the  suit,  however, 
being  begun  by  petition.  Actions  are  brought  in  the  superior  courts  by  pe- 
tition, fully  an<l  distinctly  setting  forth  the  cause  of  action,  and  to  which  a 
copy  of  the  n(jte,  account,  or  cause  of  action  sued  on  is  attached.  The  peti- 
tion should  be  signed  by  the  plaintiff  or  his  attorney,  and  tiled  with  the  clerk 
■of  the  court  at  least  twenty  days  before  the  return  term,  said  clerk  should 
annex  to  said  ptitition  a  process — unless  the  same  is  waived — and  a  copy  of 
the  petition  and  pnxiess  shoiUd  be  served  upon  the  defendant — in  person,  or 
by  leaving  it  at  his  residence — by  the  idieriff  or  his  deputy,  at  least  fifteen 
■days  before  the  return  term.  "Bill  in  equity  must  be  filed  thirty  days  before 
the  return  term.  Suits  in  superior  courts  stand  for  trial  at  the  second  term 
— except  actions  for  rent,  which  are  tried  at  first  term.  The  i)ractice  in  city 
•courts  is  not  uniform.  Attorneys  are  responsible  for  costs,  where  clients  live 
■out  of  the  state. 

Administration  of  Estates  of  Deceased  Persons.— Courts  of  ordinary, 
have  original,  exclusive,  and  general  juiisdiction  of  the  granting  and  revok- 
ing of  letters  of  administration,  and  of  all  matters  which  relate;  or  appertain  to 
•estates  of  deceased  persons.     (AV<?  Courts,  Terms  andJurisdiction.) 

The  ordinary  can  grant  administration  upon  no  i)erson's  estate  who  was  not 
a  resident  of  the  county  where  ajiplication  -was  made  at  the  time  of  his  death, 
unless,  T)cing  a  non-resident  of  the  state,  he  had  i)ro])erty  in  said  county,  or 
a  bona  fide  cause  of  action  against  some  ijerson  therein.     When  such  non- 

IGcorgia  1.] 


182  GEORGIA. 

resident  deceased  person  has  property  or  cause  of  action  in  more  than  one 
county,  letters  of  administration  may  be  granted  in  either  county,  and  tlie 
ordinary  first  granting  such  letters,  acquires  exclusive  jurisdiction. 

None  but  citizens  of  the  United  States,  residing  in  the  state  of  Georgia,  are 
(jualified  to  be  made  administrators,  except  where  a  citizen  of  another  state 
or  tei-ritory  of  the  United  States,  shall  be  heir  at  law,  of  equal,  greater  or 
sole  interest,  of  any  estate  of  a  deceased  citizen  of  Georgia,  it  shall  be  law- 
ful for  such  non-resident  citizen  to  act  as  administrator  of  such  estate,  upon 
his  giving  bond  and  good  security  in  a  sum  equal  to  double  the  amount  of 
such  estate,  payable  to  the  ordinary  of  the  county  before  whom  he  may  qual- 
ify in  this  state.  The  securities  upon  such  bond  must  be  i-esident  citizens  of 
this  state. 

Administration  de  bonis  non  is  granted  upon  an  estate  already  partially 
administeied,  and  from  any  cause  unrepresented.  Administration  with 
the  will  annexed,  is  granted  where  the  deceased  died  testate,  but  no  execu- 
tor appeal's  to  qualify  and  execute  the  will.  If  the  executor  appointed  is  dis- 
qualified for  want  of  age,  the  letters  may  be  granted  until  the  disability 
ceases. 

In  granting  letters  of  administration  of  any  kind,  the  following  rules  are 
observed,  the  applicant  being,  in  all  cases,  of  sound  mind,  and  laboring  under 
no  disability :  1st.  The  husband  or  wife  surviving,  irrespective  of  age,  shall 
be  first  entitled  ;  2d.  The  next  of  kin  at  the  time  of  death,  according  to  the  law, 
declaring  relationshii)  and  distribution,  shall  be  next  entitled  ;  but  if  the  party 
died  testate,  the  person  most  beneficially  interested  under  the  will,  shall  have 
the  preference.  Relations  by  consanguinity  preferred  to  those  by  affinity ; 
8d.  If  there  be  several  of  the  next  of  kin  equally  near  in  degree,  the  person 
selected  in  writing  by  a  majority  of  those  interested  as  distributees  of  the  es- 
tate, and  who  are  capable  of  expressing  a  choice,  shall  be  appointed ;  4th.  If 
no  such  i^reference  is  expressed,  the  ordinary  may  exercise  his  discretion  in 
selecting  the  one  best  qualified  for  the  office;  5th.  Where  no  application  is 
made  by  the  next  of  kin,  a  creditor  may  be  appointed ;  and  among  creditors, 
as  a  rule,  the  one  having  the  greatest  interest  will  be  preferred  ;  6th.  The 
persons  entitled  to  an  estate  may  select  a  disinterested  person  as  administrator, 
and,  if  otherwise  qualified,  he  shall  be  appointed ;  7th.  The  person  entitled 
to  administration  may  desire  a  third  person  associated  with  him  in  the  ad- 
ministration, and  in  such  case,  if  otherwise  qualified,  he  may  be  appointed ; 
8th.  No  person  shall  be  appointed  administrator,  who  is  neither  of  kin  to  the 
intestate,  nor  a  creditor,  nor  otherwise  interested  in  the  grant  of  administra- 
tion, except  in  cases  before  provided  ;  9th.  If  a  married  woman  is  next  of  kin,, 
her  husband  is  entitled  to  the  administration.  If  female  administratrix  or 
executrix  marries,  her  husband  maybe  apijointed  administrator.  The  ordinary 
however,  may,  in  his  discretion,  grant  the  letters  to  any  other  person  thereto, 
entitled  under  any  of  the  prescribed  rules  ;  10th.  As  a  general  rule  to  cover 
all  cases  not  specially  provided  for,  the  person  having  the  right  to  the  estate,, 
ought  to  have  the  administration. 

If  administration  has  been  granted  to  more  than  one,  upon  death  of  either 
the  right  of  administration  survives  to  the  other.  Every  administrator, 
upon  his  qualification,  must  give  bond,  with  good  security,  approved  by  the 
ordinary.  Administration  may  be  granted  to  a  person  other  than  the  one  in 
whose  name  citation  issues,  and  without  a  new  citation.  Every  admini- 
strator must  make  a  true  and  just  account,  upon  oath,  on  or  before  the 
regular  term  of  the  ordinary's  court,  in  July  of  each  year,  of  his  re- 
ceipts and  expenditures  in  behalf  of  the  estate  during  the  preceding  year. 
To  this  account  should  be  attached  all  vouchers,  or  copies  of  the  same,, 
showing  the  correctness  of  each  item.  The  return  of  a  non-resident  ad- 
ministrator may  be  admitted  to  record  up(m  the  affidavit  of  his  surety. 
Every  administrator  must  give  six  weeks'  notice,  by  advertisement  in  a  ])ub- 
lic  gazette  of  this  state,  or  at  thr§e  different  places  of  the  most  public  resort 
in  the  county,  for  creditors  of  the  estate  to  render  in  their  demands.  The 
administrator  is  allowed  twelve  months  from  the  date  of  his  qualification  to. 

[Georgia  2.] 


(;p:or(jia.  i83 

ascertain  the  cinidition  of  the  cstuU-.  ("reilitors  luillii^'  to  .i;i\\;  iioUc  ■  v.  Jtlilii 
tluit  time  lose  tlio  right  to  an  equal  participation  with  creditors  of  e<iual  dig- 
nity to  Avhoni  distribution  is  made,  before  notice  of  such  claims  is  brought  to 
the  administrator.  Claims  against  the  estates  t)f  deceased  persons  should 
be  itemized,  and  it  is  usual,  for  tiie  satisfaction  of  the  administrator,  to  ac- 
company them  with  an  affidavit  to  the  etfect  that  such  claim  is  just  and  un- 
paid. Administi'ators  should  i)ay  the  debts  of  the  estates  rei)rescnted  by 
them  at  the  expiration  of  the  first  year  after  their  qualiticatitm,  as  far  as  pos- 
sible. No  suit  at  law  can  be  brought  against  them  within  this  time.  Debts 
against  deceased  persons  rank  in  priority  as  follows  :  1st.  Funeral  expenses, 
including  physieiairs  bill  and  expenses  of  last  illness.  2d.  The  expenses  of 
administration,  including  a  ]irovision  for  twelve  months' support  of  widow 
and  children.  3d.  Taxes  or  debts  due  the  state  or  United  States,  4tli.  Debts 
due  by  the  deceased  as  executor,  administrator,  guardian,  or  trustee,  if  he 
had  actual  possession,  control  and  management  of  the  trust  property.  5th. 
Judgments,  mortgages  and  other  liens  created  during  the  life  time  of  de- 
ceased, to  be  paid  according  to  i)riority  of  lien.  Gth.  J)ebts  due  for  rent. 
7th.  All  liquidated  demands,  including  foreign  judgments,  dormant  judg- 
ments, bonds,  and  all  other  obligations  in  writing  for  the  payment  t»f  money, 
promissory  notes,  and  all  debts,  the  amount  due  on  which  was  fixed  and  as- 
certained or  acknowledged  in  writing,  prior  to  the  death  of  the  decedent. 
8th.  Open  accounts. 

Administrators  are  authorized  to  provide  for  the  estate,  competent  legal 
counsel. 

If  at  any  time  it  becomes  necessary,  for  purposes  of  distribution,  or  for 
payment  of  del)ts  of  the  estate,  to  sell  the  land  of  the  decedent,  the  adminis- 
trator should  petiti<m  the  ordinary  in  writing  for  leave  to  sell,  setting  forth 
the  reason  for  such  application ;  and  notice  of  such  application  should  be 
published  once  a  week  for  four  weeks  before  the  hearing,  in  the  gazette  in 
which  county  advertisements  are  published.  If  no  objection  is  tiled,  and' 
the  ordinary  is  satisfied  of  the  truth  of  the  allegations  in  the  petition,  he 
must  pass  an  order  granting  the  leave  to  sell.  All  sales  by  administrators  of 
real  estate,  unless  otherwise  especially  provided,  should  be  advertised  in 
some  newspaper  having  general  circulation  in  the  county  where  the  projierty 
is  located,  once  a  week  fin'  four  weeks,  after  the  leave  granted  and  before  the 
sale.  The  sale  should  be  at  public  outcry,  between  the  hours  of  ten  o'clock 
a.  m.  and  fovir  o'clock  p.  m.,  on  the  first  Tuesday  of  the  month,  and  at  the 
place  of  public  sales  in  the  county  having  jurisdiction  of  the  administration. 
Sales  of  bank  stock  and  insolvent  papers  are  made  in  same  way  as  sales  of  real 
estate,  except  that  sales  of  insolvent  pa^jers  may  be  made  after  thirty  days' 
notice  being  given  at  the  court  house  door,  and  at  three  or  morepvxblic  places 
in  the  county.  The  personal  perishable  property  of  an  estate  should  be  sold 
at  as  early  a  day  as  practicable.  It  must  be  done  under  order  from  the  ordi- 
nary, as  all  other  administrator's  sales,  in  which  the  kind  of  notice  and  the 
length  of  time  it  shall  be  given,  being  not  less  than  ten  days,  should  be  spe- 
cified. The  administrator  may  exercise  his  discretion  in  demanding  cash  or 
extending  credit,  but  if  he  extends  credit  he  must  determine  the  sufficiency 
of  the  security  given,  at  his  own  risk.  If  the  security  is  ample  at  the  time, 
but  afterwards  becomes  insufficicmt,  he  will  not  be  responsible  for  the 
amount.  The  terms  of  sale  should  be  stated  in  the  advertisement.  A  full 
return  of  every  sale  must  be  made.  After  the  payment  of  expenses  of  ad- 
ministration and  the  debts  of  the  deceased,  the  balance  of  the  estate,  stands 
subject  to  distribution  among  the  heirs  at  law  of  the  deceased,  according 
to  the  rules  of  descent  and  distribution,  which  see.  An  administrator's 
commissions,  generally,  are  two  and  one-half  per  cent,  on  all  sums  of  money 
received  by  him  on  account  of  the  estate,  and  a  like  commission  on  all  sums 
paid  out  by  him,  either  to  debts,  legacies  or  distributees.  In  cases  of  extra- 
ordinary services,  extra  compensation  may  l^e  allowed  by  the  ordinary.  The 
administrator  is  entitled  to  ten  per  cent,  additional  commission  on  all  interest 
collected  by  him  for  the  estate,  on  money  loaned  by  the  intestate  or  by  him- 

[Georgia  3.] 


184  GEORGIA. 

self  as  administrator  Administrators  failing  to  make  annual  returns  shall 
forfeit  all  commissions  for  transactions  during  the  year  within  which  no  re- 
turn is  made. 

In  order  to  institi;te  suit  in  this  state,  to  enforce  any  right  of  action,  or  re- 
cover any  property  belonging  to  deceased,  and  in  order  to  sell  any  property 
of  his  intestate,  a  foreign  administrator  must  file  and  have  recorded  in  tlie 
ordinary's  office,  an  authenticated  exemplification  of  his  letters  of  adminis- 
tration. 

An  administrator  who  has  fully  discharged  all  his  duties,  will  be  dis- 
charged from  his  trust,  upon  projjer  petition  to  the  ordinary  being  made,  and 
after  citation  has  been  published  in  the  official  gazette  for  three  months,  giv- 
ing notice  to  all  concerned  of  the  application  for  discharge.  A  discharge  ob- 
tained by  the  administrator  by  means  of  fraud  practiced  on  the  heirs  or  the 
ordinary,  is  void. 

Affidavits. — The  officers  of  this  state  who  are  authorized  to  administer 
oaths,  are  the  judges  and  clerks  of  the  courts,  commissioners  of  the  state, 
justices  of  the  peace,  and  notaries  public.  When  affidavits  are  niade  out  of 
the  state,  the  acts  of  the  officei's  before  whom  they  are  made  should  be  au- 
thenticated, as  in  case  of  deeds.  When  bills  and  other  proceedings  in  equity 
are  verified  by  nun-resident  party  the  affidavit  should  be  made  before  a  com- 
missioner of  this  state,  or  a  commissioner,  master,  or  chancellor  of  a  court 
of  equity,  or  a  judge  of  any  court  of  the  state  where  such  oath  is  made. 

Aliens. — Aliens,  the  subjects  of  governments  at  peace  with  the  United 
States  and  this  state,  are  entitled  to  all  the  rights  of  citizens  of  other  states 
resident  in  this  state,  and  have  the  i)rivilege  of  purchasing,  holding  and  con- 
veying real  estate. 

Appeals. — Appeals  to  the  superior  court  must  be  entered  within  four  days 
after  the  decision  in  county  and  justices'  courts,  and  within  four  days  after 
the  adjournment  in  courts  of  ordinary.  No  appeal  lies  from  decisions  in 
county  and  justices'  courts  to  superior  court,  unless  amount  involved  is  more 
than  fifty  dollars.  In  county  and  justices'  courts  an  appeal  may  be  takeji 
from  the  judgment  of  the  justice  or  judge  to  a  jury  in  the  same  court.  An 
appeal  may  be  entered  by  the  plaintiff  or  defendant  in  person,  or  by  his  at- 
torney-at-law,  or  in  fact,  if  by  the  latter,  he  must  be  authorized  in  writing. 
The  appellant  is  required  to  pay  all  costs  of  court  that  have  accrued,  and 
give  bond  and  security  for  the  eventual  condenuiation  money,  unless  he 
makes  affidavit  that  he  is  advised  and  believes  that  he  has  good  cause  of  ap- 
peal, and  that,  owing  to  liis  poverty,  he  is  unable  to  pay  the  costs  and  give 
the  security  required  by  law  in  cases  of  appeal.  Tlie  name  of  the  appellant 
m  ly  be  signed  to  the  appeal  bond  by  his  attomey-at-law  or  in  fact.  An  ap- 
peal is  a  de  noiio  investigation,  and  all  competent  evidence  is  admissable  on 
the  trial  thereof,  whether  adduced  on  the  former  trial  or  not.  An  apjieal 
suspends  but  does  not  vacate  jiidgment,  and  if  dismissed  or  withdrawn,  the 
rights  of  all  tlie  parties  are  the  same  as  if  no  appeal  had  been  entered.  An 
appeal  cannot  be  ^vithdrawn  except  by  the  consent  of  the  adverse  party. 
All  appcsals  to  the  superior  court  ai'e  tried  by  a  special  juiy  at  the  first  term 
after  the  appeal  has  been  entered,  unless  continued  for  good  cause. 

Arrest. — The  constitution  provides  that  there  shall  l>o  no  imprisonment 
for  (li'bt ;  this  does  not  api)ly  to  attorneys  and  other  officers  of  court,  who 
fail  to  dt^liver  up  any  moneys  AVhen  ordered  to  do  so  by  court,  nor  does  it  ap- 
ply to  defendant  iu  cases  of  trover,  where  plaintiff  requires  bail,  and  defen- 
dant fails  either  to  give  bond  or  i)roduce  the  property  ;  however,  if  it  shall 
appear  to  the  judge  of  the  court  upon  petition  by  the  defendant  and  five 
days'  notice  to  oi^posite  party,  tl\at  the  defendant  is  unable  to  either  give 
bond  or  produce  the  property,  and  that  the  reasons  for  its  non-production  are 

[Georgia  4.] 


GEORGIA.  185 

■satisfactory,  lie  shall  discharge  the  petitioner  upon  his  own  recognizance, 
conditional  for  his  api)earance  to  answer  the  suit. — (See  aluo  Replevin,.) 

Assignments  and  Insolvency. — A  debtor  may  prefer  one  creditor  to 
anotliei',  and  may  create  a  bona  fide  lien,  by  mortgage  or  other  legal  means; 
may  sell  in  payment  of  the  debt,  or  transfer  negotiable  papers  as  collateral 
secui'ity.  But  every  assignment  made  by  a  ilel^tor  insolvent  at  the  time, 
either  in  trust  or  in  bohalf  of  creditors,  is  fraudulent,  and  null  and  void, 
when  anj^  trust  or  benetit  is  reserveil  to  the  assignor,  or  any  i)erson  for  him. 
Voluntary  assignments  shall  have  attached  to  them,  sworn  to  by  the  person 
making  assignment,  "a  full  and  complete  inventory  and  schedule  of  all  the 
assets  of  every  kind  held,  claimed  or  owned  by  such  insolvent  jjcrson,  firm 
or  corporation  "  at  the  time  ot  making  assignment.  Filing  false,  deceptive 
or  incomplete  schedule  is  punished  as  perjury.  In  case  any  corporation  (not 
municipal),  or  trader,  or  firm  of  traders,  shall  fail  to  i)ay  matured  paper  and 
be  insolvent,  any  one  or  more  creditors  may  file  a  bill  in  etpxity,  have  a  ra- 
ceiver  appointed  and  an  injunction  granted  to  restrain  interference  with  such 
receiver.  The  receiver  shall  collect  assets,  and,  under  the  direction  of  the 
court,  distribute  the  same  pro  tuita  among  creditors,  recognizing,  however, 
liens  created  before  the  filing  of  the  creditor's  bill.  Any  creditor  may  be- 
come a  party  to  a  bill  of  this  kind.  The  chancellor  at  the  end  of  the  suit 
may,  if  he  considers  it  a  proper  case,  recommend  the  debtor  released  from 
the  remainder  of  his  debts. 

Every  deed  or  conveyance,  not  for  a  valuable  consideration,  made  by  a 
debtor  insolvent  at  the  time,  is  void  against  creditors. — (6'ee  Limited  Part- 
oiership. ) 

Attachment  Process. — May  issue  when  the  defendant  resides  out  of  the 
state ;  is  actually  removing  or  about  to  remove  without  the  limits  of  the 
county  ;  absconds,  conceals  himself,  or  resists  legal  arrest ;  is  causing  his 
pi'operty  to  be  removed,  beyond  the  limits  of  the  state,  or  fraudulently  dis- 
poses of  property,  or  shall  threaten  or  prepare  so  to  do,  or  creates  a  fraud- 
ulent lien  thereon.  Attachment  lies  at  any  time  to  recover  i)urchase  money 
when  due,  when  the  property  purchased  remains  in  the  jiossessitm  of  the 
debtor,  or  of  any  one  holding  the  same  for  the  benefit  of  the  debtor,  or  in 
fraud  against  the  creditor.  Before  attachment  can  issue  the  plaintift",  his 
agent  or  attorney  miist  make  affidavit  before  some  judge  of  the  superior 
court,  judge  of  the  county  court,  justice  of  the  ])eace,  or  notary  public,  that 
someone  of  the  grounds  above  enumerated  exists,  and  must  also  swear  to 
the  amount  due.  Bond  with  security  must  be  filed  with  the  affidavit,  for 
at  least  double  the  amount  involved,  conditioned  to  i)ay  the  defendant  all 
damages  and  costs  he  may  sustain  on  account  of  the  attachment,  in  the  event 
plaintift' fails  to  recover.  Defendant  may  replevy  the  iiroperty  levied  upon, 
and  garnishment  may  be  dissolved,  by  giving  bond  with  good  security  to 
to  pay  plaintiff  the  amount  he   may  recover. 

First  attachment  levied  has  prioritv.  Garnishment  issues  in  aid  of  at- 
tachment or  judgment. — {See  Garnishment.) 

Form  of  Affidorit  in  Attddiment. 

StATK   of   (tEOROIA.   ?    , , 

County  of ;!  '"''■ 

Before  me,  the  subscriber,  a m  and  for  said  county, ,  personally 

and  on  oath,  says  that is  indebted  to  him  in  the  sum  of dollars, 

and  that  the  said (here  state  the  grounds  of  attachment.)     [See  Laws, 

title  Aftarhmenf.']  (Affianfs  signature.) 

Sworn  to  before this day  of ,  18 — . 

{Officer' H  signature.) 
.  LCreorgiu  o. 


im  GEORGIA. 

Form  of  Bond  iii,  Auucnment. 

State  op  Georgta,      ) 

County  ok .         \     ' 

We, ,  principal,  and ,  security,  acknowledge  ourselves  bound  unto 

in  the  sum  of dollars,  subject  to  the  following  conditions  : 

That  the   said ,  principal,  is  seeking  an  attachment  against  the  saic! 

,  which  is  now  about  to  be  sued  out,  returnable  to  the term  of  the 

court  of  the   county  aforesaid:   Now,    if  the  said shall  pay   all 

damages  that  the  said may  sustain,  and  also  all  costs  that  maybe  incurred 

by  him  in  consequence  of  suing  out  of  such  attachment,  in  the  event  that  the 

said shall  fail  to  recover  in  said  case,  then  this  bond  to  be  void.  This 

day  of ,  18—. 

Executed  in  presence  of     )  [seal.] 

{officers  si(j nature.)  S  [seal.] 

Form  of  Attachmeut  Writ. 
State  op  Ctkokoia,    } 

County  op .       il  *  ' 

To  all  and  singular,  the  sheriffs  and  constables  of  said  states  : 

You  are  hereby  commanded  to  attach  and  seize  so  much  of  the  property 

of as  will  make  the  sum  of dollars,  and  all  costs,  and  also  to  serve 

such  summons  and  garnishment  as  may  be  placed  in  your  hands,  and  that  you 
make  return  of  this  attachment,  with  your  actings  and  doings  entered  thereon, 
to  the term  of  the court  of  said  county,  to  which  court  this  attach- 
ment is  hereby  made  returnable.     Hereof  fail  not. 

Witness  my  hand  and  seal  this,  the day  of ,  18 — . 

,  [L.  s.] 

Banks  and  Bankers. — Banks  arc  chartered  by  the  general  assembly.  It 
is  the  duty  of  the  governor,  twice  each  year,  to  advertise  for  at  least  two 
weeks,  in  a  public  gazette  at  the  seat  of  government,  a  call  upon  every 
banking  institution  of  the  state,  to  make  returns  to  him,  under  the  oaths  of 
their  several  presidents  and  cashiers  of  their  respective  conditions  at  a  time 
to  be  specified  in  such  advertisement,  and  to  transmit  the  same  to  him  with- 
in thirty  days  from  said  dates.  The  banks  are  required  to  i)ublish  their 
several  reports  in  some  public   gazette  of   this  state,  at  their  own  expense. 

The  banks  of  this  state  are  prohibited  from  selling  any  kind  of  exchange, 
except  sight  checks,  or  demand  or  receive  for  exchange  in  or  out  of  this  state 
of  any  citizen  thereof,  a  greater  premium  then  one  per  cent,  upon  the  amount 
of  exchange  sold  ;  when  the  bills  of  the  bank  from  which  the  exchange  is 
bought  are  presented  at  its  counter  in  payment  thereof ;  issuing  paper  or 
promises  to  pay,  intended  to  be  used  as  money,  redeemable  otherwise  than 
with  gold  or  silver  coin,  at  the  standard  value  thereof,  or  in  lawful  currency 
of  the  United  States  ;  issuing  such  payment  or  pay,  or  tender  in  payment  any 
paper  payable  at  a  greater  length  of  time  than  three  days  from  the  date 
thereof;  issuing,  paying  away,  or  circulating  any  bank  bill,  note,  ticket,  or 
jiaper,  of  the  nature  or  appearance  of  a  bank  note  meant  for  circulation,  or 
of  a  denomination  less  than  five  dollars,  with  the  exception  that  all  solvent 
and  specie  paying  banks  or  paying  currency  as  aforesaid,  may  issue  small 
bills  of  the  denominations,  one,  two,  three  and  four  dollars,  to  an  amount 
not  exceeding  twenty  per  cent,  of  their  capital  stock,  to  be  computed  as  part 
of  their  circulation  ;  issuing  bills  beyond  the  amount  specified  in  their  char- 
ter. Banks,  however,  are  not  restricted  to  the  above  rate,  in  the  sale  or  pur- 
chase of  foreign  bills,  provided  that  the  said  foreign  bill  is  a  bona  fide  com- 
merical  bill,  and  not  a  loan  or  accommodation  by  the  bank,  and  that  the  ex- 
change is  a  legitimate  commercial  exchange,  and  the  transaction  not  jn  fact 
a  loan  or  accommodation  in  which  the  law  is  attem])ted  to  be  evaded  by  re- 
sorting to  the  form  of  a  bill  of  exchange,  foreign  bill  or  draft.  The  rules  of 
interest  apply  to  banks  just  as  to  individuals. 

[Georgia  0.] 


GEOllGIA.  187 

The  banks  of  this  state  are  required  to  pay  si)ecie  for  any  of  their  bills, 
notes,  drafts,  or  otlier  obligations  when  due  and  demanded  by  the  liolder  ; 
to  receive  their  own  bills,  notes,  certificates  of  deposit,  or  other  evidence  of 
debt,  in  payment  of  debts  due  them  ;  to  leceive  their  own  bills  at  par, 
■whether  issued  or  made  i)ayable  at  the  present  bank  or  any  of  its  branches, 
in  settlement  of  debts  or  balancies  due  either,  and  when  notes  or  other  obli- 
gations are  discounted  by  any  bank,  and  bec(mie  transferred  to  another  bank,, 
they  continue  i)ayable  in  the  bills  of  the  bank  where  discounted. 

Bank  charters  are  subject  to  forfeiture  for  the  same  general  grounds  as- 
those  of  other  corporations,  and  also  ;  1st.  For  the  violation  of  any  of  tlio 
provisions  of  their  charters  ;  2nd.  For  the  violation  of  any  obligation  im- 
posed by  law  unless  contrary  to  the  contracts  of  their  charters  ;  3rd.  "When- 
ever it  is  demanded  by  special  enactment. 

When  a  bank  surrenders  its  charter,  or  the  use  thereof,  it  may  make,  in 
good  faith,  an  assigmcnt  of  all  its  ettects  for  the  payment  of  its  debts,  as 
natural  persons  may.  but  it  cannot  tliereby  prevent  such  preferences  among 
its  creditors  as  tlie  law  gives.  A  creditor  or  stockholder  may  attack  such 
assignment  by  petition,  within  six  months,  to  the  superior  court  of  the  county^ 
where  the  bank  is  located,  and  the  issue  so  made  shall  be  tried  before  a  spec- 
ial jury  at  the  first  term  of  the  court. 

Bills  of  Exchange  and  Promissory  Notes. — (See  Xotes  and  Bills  of 
Exrhaiuje.) 

Bills  of  Lading. — A  bona  fide  assignee  of  the  bill  of  lading  of  goods  for  a 
valuable  consiileration.  and  without  notice  that  the  same  were  not  paid  for, 
the  purchaser  insolvent  will  be  protected  in  his  title  against  the  seller's- 
right  of  stoppage  i/i  transitu. 

Chattel  Mortgages.— (''^e^'  Jfortgages.) 

Claims  against  Descedents"  Estates.— (sVr.  administration  of  estates  of 
deceased  jtersons.) 

Conditional  Sales  of  Personal  Property. — "Whenever  personal  property- 
is  sold  and  delivered  with  the  condition  affixed  to  the  sale  that  the  title 
thereto  is  to  remain  in  the  vendor,  until  the  purcliase  price  therefor  shall 
have  been  paid,  in  order  for  the  reservation  of  title  to  be  valid  against 
thirdpersons,  contract  of  such  conditional  sale  must  be  in  writing,  executed, 
attested,  and  recorded  in  the  same  manner  as  mortgages  on  ])ersonal  proper- 
ty. Neverless,  as  between  thejnirties  themselves,  a  conditional  sale  is  binding: 
even  though  ncjt  evidenced  in  wiitiug. 

Corporation, — Domestic  and  Foreign. — banking,  insurance,  railroad, 
canal,  navigation,  express  and  tclcgrai)h  companies  are  chartered  directlv 
by  the  general  assembly,  all  other  private  corporations  are  chartered  by  the 
superior  court  of  the  county  in  which  they  desii-e  to  transact  business,  upon 
petition  directed  to  said  court,  specifying  the  objects  of  the  incorporation, 
and  the  particular  business  they  propose  to  carry  on  together  with  their 
corporate  name  and  the  amount  of  capital  to  be  employed  by  them  actually 
paid  in,  and  their  place  of  doing  business,  and  the  time,  not  exceeding  twen- 
ty years,  f(jr  which  they  desire  to  be  incorporated.  This  petition  is  recordefl 
by  the  clerk  of  said  court,  and  should  be  ])ublished  once  a  week,  for  one 
month,  in  the  public  gazette  nearest  to  the  point  wliere  such  business  is  lo- 
cated, before  said  court  shall  jiass  an  order  declaring  said  a])plication  grant- 
ed. Such  corporation  has  privilege  of  renewal  at  the  expiration  of  the  time 
for  which  it  was  incorporated.  Ten  ])er  cent,  of  the  capital  stock  must  be^ 
paid  in  before  such  corporation  can  begin  business  under  its  charter,  and  no 
charter  has  force  or  eflfect  for  a  longer  i)eriod  than  two  years,  unless  the  cor- 
porators, within  that  time,  shall,  in  good  faith,  commence  to  exercise  th» 

[Georgia  7  ] 


188  GEORGIA. 

powers  granted  by  the  act  of  incorporation.  In  case  of  failure  of  such 
corporation,  the  stockholders  are  bound,  in  their  private  capacity,  to  any 
creditor  of  said  corporati(ni  for  the  amount  of  stock  subscribed  for  by  him, 
until  the  said  subscription  is  fully  paid  up. 

Corporations  created  by  other  states  or  foreign  governments,  are  recog- 
nized in  our  courts  only  by  comity,  and  so  long  as  the  same  comity  is  extend- 
ed in  their  courts  to  corporations  created  by  tliis  state.  No  foreign  corpor- 
ation, or  corporation  incorporated  by  the  laws  of  another  state,  shall  own 
more  than  five  thousand  acres  of  land  in  this  state,  except  upon  the  condition 
of  becoming  incorporated  under  the  laws  of  Georgia. 

All  corporations  have  the  right  to  sue  and  be  sued,  to  have  and  vise  a  com- 
mon seal,  to  make  by-laws  binding  on  their  own  members,  not  inconsistent 
"with  the  laws  of  this  state,  and  of  tiie  United  States,  to  I'eceive  donations  by 
gift  or  w'ill,  to  purchase  and  hold  such  property,  real  or  personal,  as  is  neces- 
sary to  the  purpose  of  their  organization,  and  to  do  all  such  acts  as  are  neces- 
sary for  the  legitimate  execution  of  this  jturpose.  In  all  cases  of  private 
charters,  the  state  reserves  the  right  to  withdraw  the  franchise,  unless  such 
right  is  expressly  negatived  in  the  charter.  Every  corporation  is  dissolved, 
1st.  By  expiration  of  its  charter  ;  2d.  By  forfeiture  of  its  charter  ;  '3h.  By  a 
voluntary  surrender  of  its  franchise  ;  4th.  By  the  death  of  all  its  members, 
"without  i)rovisions  for  a  succession  ;  5th.  By  non-payment  of  taxes.  A  cor- 
poration may  forfeit  its  charter,  1st.  By  a  wilful  violation  of  any  of  tlie  es- 
sential conditions  on  w'hich  it  is  granted  ;  2d.  By  a  misuser  or  non-user  of  its 
franchises.  This  dissolution  dates  fi-om  the  judgment  of  a  court  of  compe- 
tent jurisdiction  declaring  the  forfeiture. 

Costs,  Security  for. — Attorneys  of  plaintiffs  are  responsible  for  costs,  where 
.clients  live  out  of  tlie  state.  Generally  no  costs  are  due  until  termination  of 
the  suit ;  hence,  no  security  is  required.     (^See  Appeals.) 

Courts,  Terms  and  Jurisdiction. — Justices  of  the  peace  have  jurisdiction 
in  all  civil  cases  arising  e.t  cuntractii,  and  in  cases  of  injui'ies  or  damages  to 
liersonal  property,  when  the  principal  sum  does  not  exceed  t)ne  hundred  dol- 
lars. Justices'  couits  have  jurisdiction  where  suits  are  brought  upon  two  or 
more  promissory  notes,  although  between  the  same  parties  and  given  for  the 
same  debts,  and  although  in  the  aggregate  the  notes  may  amount  to  much 
more  than  one  hundred  dollars,  provided  the  principal  of  each  note  is  not 
more  than  said  amount.  Justices  of  the  peace  hold  court  monthly  at  fixed 
times  and  places.  When  from  any  reason  the  business  pending  in  sucli  courts 
cannot  be  disposed  of  in  one  day,  it  is  lawful  for  said  courts  to  continue  to 
hold  from  day  to  day  until  tiie  business  is  disposed  of. 

County  CoH.rts\vA\Q  jurisdiction  in  the  town  districts,  over  all  civil  cases  of 
contract  or  tort  (except  where  exclusive  jurisdiction  is  vested  in  the  superior 
court),  whei'e  the  principal  sum  claimed,  in  cases  of  contract  or  damages,  in 
cases  of  tort,  does  not  exceed  three  hinidred  dollars,  and  in  the  I'emainder  of 
the  county,  when  the  principal  sum,  as  aforesaid,  does  not  exceed  three  Inui- 
<lred  dollars,  nor  is  less  than  fifty  dollars.  County  courts  hold  monthly  and 
quarterly  sessions,  at  fixed  times.  At  tlie  monthly  sessions,  said  courts  enter- 
tain jurisdiction  of  nnitters  in  which  the  amount  of  principal  or  of  damages 
claimed,  does  not  exceed  one  hundred  dollars  ;  and  at  the  quarterly  sessions 
they  entertain  jurisdiction  of  matters  wherein  such  amount  is  not  more  than 
three  hundred  dollars. 

The  Superior  Courts  have  exclusive  jurisdiction  in  cases  of  divorce  ;  in 
cases  respecting  titles  to  land  ;  and  in  equity  cases.  Tlicy  have  general  juris- 
•  <liction  in  civil  "matters.  The  superior  courts  sit  in  each  county  not  less  than 
twice  in  each  year,  at  such  times  as  liave  been  or  may  be  appointed  by  law. 

The  Supreme  Court  lias  no  original  jnrisdiction,  but  is  established  tmly  for 
tlu!  trial  and  cirrection  of  errors  from  the  superior  courts  and  tlie  city  courts. 

Courts  of  Ordinary  have  original,  exclusive  and  general  jurisdiction  of 
the  probate  of  wills;  tlie  granting  and  revoking  letters  testamentry,  and  of 

lOeorgla  8.] 


GEOllGIA. 


1891 


administration  ;  of  all  routiovei'sies  in  relation  to  the  right  of  execnrorship 
or  administration  ;  the  sale  and  disposition  of  the  real  property  belonging  to, 
and  the  distribution  of  deceased  persons'  estates ;  the  appointment  and  re- 
moval of  guardians  for  minors  and  for  persons  of  unsound  mind;  all  con- 
troversies as  to  the  right  of  guardianship  ;  of  all  other  matters  and  things- 
appertaining  to  estates  of  deceased  jn-rsons,  and  to  idiots,  lunatics  and  in^ 
sane  persons  ;  of  homestead  and  exemption  proceedings. 


Court  Calendar, 


UNITED  STATES  CIRCUIT  COURT. 


Cireuit  Judge,  Don  A.  I'ardpc.  of  New  Orleans,  La.  Afixociair  Ju.ificc  of  the  Su- 
preme Court,  to  be  appointed  in  place  of  William  B.  Woods,  of  (leorjjia,  deseased. 
Ckrk,  H.  H.  Kins,  of  Savannah,  Ga.  Clerk.  Alfred  E.  Buck,  of  Atlanta,  Ga. 
(For  other  officers  see  United  Stales  District  Courts  for  Georgia.) 
ycrw!.?.— At  Atlanta,  2d  Monday  in  Marcli  and  1st  Monday  in  October:  Macon, 
1st  Mondays  in  May  and  October;  Savannah,  2d  Monday  in  April  and  Thui-sday 
after  1st  Monday  in  November. 

UNITED  STATES  DISTRICT  COURT. 

Xorthern  Diifrict. — Judge,  William  T.  Newman,  of  Atlanta,  Ga.  Dis/ricf  Attornci/^ 
B.  H.  Hill,  of  Atlanta,  Ga.     C  erk,  A.  E.  Buck,  of  Atlanta,  Ga. 

TermH.—AXj  Atlanta.  1st  Mondays  in  March  and  October. 

Southern  District,  Western  Division.— Judge,  Emory  Speer,  of  Savannah,  Ga. 
Clerk,  Marion  Erwin,  of  Savannah,  Ga.    District  Attorney,  Dupont  Guerry,  of  Macon. 

Terms. — At  Macon,  1st  Mondays  in  May  and  October. 

Keastern  Division. — ./«dr/f,;Eniory  Speer,  of  Savannah,  Ga.  Clerk,  Marion  Erwin^ 
Savannah,  Ga.    District  Attorney,  Dupont  (iuerry,  of  Macon,  Ga. 

2'e»-»;w.— At  Savannah,  2d  Tuesdays  iu  February,  May,  August  and  November. 

SUPREME  COURT  OF  GEORGIA. 

Chief  Justice,  Logan  E.  Bleskley,  Atlanta,  Ga.  Associate  .Tustice,  Thomas  J.  Sim- 
mons, Macon.  Ga.  Associate  Justice,  M.  H.  Blandford,  Columbus,  Ga.  Clerk,  Z.  !)_ 
Harrisson,  Atlanta,  Ga.    Reporter,  J.  H.  Lumpkin,  Atlanta,  Ga. 

Meets  at  Atlanta  on  1st  Mondays  in  March  and  October, 


SUPERIOR  COURTS 


GEORGIA. 


Circuit. 
Albany..  . 


County. 


Baker 

Calhoun  .  .   .   . 

Decatur   .   .   .  . 

Dougherty. .  .   . 

Mitcliel 

Worth 

Atlanta   .   .   .  Fulton 

Augusta...  .Burke 

Columbia   .   .  . 

McDuffie 

Richmond. .  .  . 
Blue  Ridge..  .  Cherokee 

Cobb 

Dawson   .  .  .  . 

Fannin 

Forsyth   .  .   .  . 

Gilmer 

Milton 

I'ickeus  .  .  .  . 
Brunswick..  .  Appling 

Camden  .   .   .  . 

Charlton 

Clinch 

Coffee 

Glynn 

I'icrce 

Ware 

Wa.vne 

Cliattohoochct'hattahoochce 

Harris 

Marion 

Muscogee.  .  .   . 

Talboi.' 

Taylor  


County  Seat. 

Newton  .  ,  . 
Morgan .... 
Bainbridge .  . 
Albany  .... 
Camilla.  .  .  . 
Isabella  .  .  . 
Atlanta  .  .  . 
Waynesboro  . 
Appling.  .  .  . 
Thomson..  .  . 
Augusta  .   .   . 

Canton 

Marietta  .  .  . 
Dawsonville. . 
Morganton..  . 
Cumining  .   . 

Ellijay 

Alpharetta..  . 
Jasper  .... 
Baxley  .... 
St.  Mary's 
Trader's  Hill. 
Homerville.  . 
Douglass. .  .  . 
Brimswick..  . 
Blackshcar . . 
Waycross   .   . 

.lesup 

Cassfta  .... 
Hamilton.  .  . 
r.ucna  N'isla  . 
Coliunbns  .  . 
Talliottoii.  .  . 
Butler 


Terms. 


1st  Mon.  in  May  and  November. 
.  2d  Mon.  in  .luue  and  November. 

2d  and  3d  Mon.  in  May  and  November;. 
.  1st,  2d  and  8d  Mon.  in  April  and  Oct. 
.  .jd  &  4th  Mon.  in  Mar.,  4th  Mon.  in  Nov.. 
,  4th  Mon.  in  April  and  October. 
.  1st  Mon.  in  March  and  September. 
.  Md  Mon.  in  JNla.y  and  November. 
.  4th  Mon.  iu  ISIarcli  and  September. 
,  :!d  Mon.  in  ^larch  and  September. 
.  8d  Mon.  in  Ainil  ami  October. 
.  4th  Mon.  in  Feb.,  2d  Mon.  in  Sept. 
.  2d  &  ;sd  Mon.  in  Mar.,  3  &  4  Mon.  Nov. 
.  1st  Mon.  in  March  and  August. 

4th  Mon.  in  May,  3d  Mon.  in  October. 
.  3d  Mon.  in  Feb.,  4th  Mon.  in  August. 
.  3d  jNIon.  in  INIay,  2d  ISIon.  in  October. 
.  1st  IMon.  In  Feb.,  3d  Mon.  in  August. 
,  4th  Mon.  iu  April  and  .September. 
.  2d  Mon.  in  Marcli  and  October. 
.  Tues.  after  4th  Mon.  in  April  and  Nov. 
.  Tue.*.  after  3d  Mon.  in  April  and  Nov. 
.  1st  Mon.  in  March  and  October. 
,  Tues.  after  2d  INFon.  in  April  and  Nov. 

1st  Mon.  in  May  and  December. 
,  4th  Mon.  in  March  and  October. 

1st  Mon.  in  April  and  November. 
,  3d  Mon.  in  March  and  October. 
.  4th  Mon.  in  jNtarch  and  September. 

2d  Mon.  in  Aiiril  and  October. 

4th  Mon.  i))  .\pril  and  Octol)er. 

2d  Mon.  in  :May  and  Novemlier. 

2d  Mon.  in  March  and  .September. 

4th  Mon,.  In  February  and  Augu.st. 

[Georgia  9.], 


190 


GEORGIA. 


Circuit. 
Cherokee . 


Coweta. . 


^Eastern 


Connly.  County  Seal.  Terms. 

.Bartow rartersville.  .  .  2d  Men.  in  January  and  July. 

Catoosa Ringgold ".id  Mon.  in  February  and  August. 

Dade Trenton Hd  Mon.  in  March  and  September. 

Gordon Calhoun  .   .   .   .  Ith  Mon.  in  February  and  August. 

Murray ^^pring  Place..  .  3d  Mon.  in  February  and  August. 

Whitfield       .  .  Dalton 1st  Mon.  in  April  and  October. 

Campbell ....  Fairburn  .  .  .   .1st  Mon.  in  February  and  August. 


Carroll CarroUton. 


1st  Mon.  in  April  and  October. 


Coweta Newnan 1st  Mon.  in  March  and  Heptember. 


Douglas Dougkissville 

Fayette Fayetteville  . 

Heard P'ranklin.  .  . 

INIeriwether  .   .  (ireeneville. 

Troup. . 

Chatham 


;M  Mon.  in  January  and  July. 

od  Mon.  in  March  and  September. 

4th  Mon.  in  March  and  September, 

;id  Mon.  in  February  and  August. 
LaGrange.  .  .  .  ;id  Mon.  in  April,  1st  Mon.  in  Nov. 
Savannah  .  .   .  1st  Mon.  in  March,  June  and  Dee. 


Bryan Bryan 1st  Mon.  in  May  and  November. 

Iilffingham. .  .   .  Springfield  .  .   .  2d  Mon.  in  May  and  November. 

Mcintosh   .   .   .  Darien 1th  Mon.  In  May  and  November. 

Liberty Hinesville  .   .   .  .'id  Mon.  in  May  and  November. 


Flint Butts hickson 

Henry McDonou 

Monroe Forsyth    . 

Newton    ....  Covington  .   . 


Ih 


INorthEasternllall 

Habersham 


Northern . 


2d  Mon.  in  March  and  September 

.'id  Mon.  in  April  and  October. 

4th  Mon.  in  February  and  August. 

;!d  Mon.  in  March  and  September. 

Pike Zebulon 1st  Mon.  in  April  and  October. 

Rockdale  ....  Conyers   ....  .'id  Mon.  in  February  and  August. 

Spalding Griffin 1st  Mon.  in  February  and  August. 

Upson Thomaston.  .    .  8d  Mon.  in  July  and  January. 

3Iacon  .  .'  .   .  Crawford  ....  Knoxville  .   .   .  Md  Mod.  in  April  and  October. 

Houston Perry 1st  Mon.  in  Apiil  and  October. 

Bibb Macon 1st  Mon.  in  May  and  November. 

JMiddle Bulloch Statesborough.. 4th  Mon.  in  April  and  October. 

pjmanuel  ....  Swains  borough^d  Mon.  in  April,  1st  Mon.  in  Nov. 
Jefferson..   .   .Louisville  ,  .   .  2d  Mon.  in  May  and  November. 
.Johnson  ....  Wrightsville..  ,  4tli  Mon.  in  March  and  September. 

Screven    .   .   .   .  Sylvania -'M  Mon.  in  May  and  November. 

Tattnall  .  .   .   .  Reidsvillo  .   .   .  2d  Mon.  in  April  and  October. 
Washington. .  .  Sandersville ..  .  1st  Mon.  in  INIarch  and  September. 

3d  Mon.  in  February  and  August. 

1st  Mon.  in  March  and  September. 

Rabun Clayton 8d  Mon.  in  March  and  September. 

Towns Hiawassee. .  .   .  4th  Mon.  in  March  and  September. 

White Cleveland  ...  2d  Mon.  in  April  and  October. 

Lumpkin..  .  .  Dahlonega. .  .   . -'Sd  Mon.  in  April  and  October. 

Union Blairsvillc  .   .   .  1st  Mon.  in  April  and  October. 

Elbert Elberton 2d  Mon.  in  March  and  September, 

Glasscock.  .   .   .  (iibson 3d  Mon.  in  February  and  August. 

Hancock Sparta 2d  Mon.  in  April  and  October. 

Hart Hartwell 3d  Mon.  in  March  and  September. 

Ijincoln IJncolnton  .  .   ,  4tli  Mon.  in  April  and  October. 

Madison  ....  Danielsville. .  .  1st  Mon.  in  March  and  September. 
Oglethorpe...   .Lexington.   .   .  3d  Mon.  in  April  and  October. 
Taliaferro.  .  .   .  Crawfordsville  .4th  Mon.  in  February  and  August. 

Warren Warrenton  .  .   .  1st  Mon.  in  April  and  October. 

Wilkes Washington. .  .  1st  Mon.  in  May  and  November. 

3d  Mon.  in  January  and  July. 

2d  Mon.  in  March  and  September. 

4th  Mon.  in  March  and  September. 

3d  Mon.  in  April  and  October. 

Morgan Madison.   .   .   .  1st  Mon.  in  March  and  September. 

Putnam  ....  Eatonton  .  .   .   .3d  Mon.  in  March  and  September. 
Wilkinson..  .   .  Irwinton  ....  1st  Mon.  in  April  and  October. 

.Dodge Eastman 4th  Mon.  in  February  and  August. 

Dooly Vienna 2d  and  3d  Mon.  in  March  and  Sept. 

Irwin Irwinville ....  Tues.  following  Mon.  after  4th  Mon.  in 

March  and  September. 

Dublin 4tli  Mon.  in  January  and  July. 

Mt.  Vernon.  .   .  4th  Mon.  in  April  and  October. 
Hawkinsvillc.  .3d  ]\Ion   in  Ma.v  and  November. 

Telfair McRae Tues.  after  3d  Mon.  in  April  and  Oct. 

Twiggs leffersonville  ,  2d  Mon.  in  April  and  October. 

Wilcox .\bbeville.  .   .   .  4th  Mon.  in  March  and  September. 

I'ataula.  .   .   .Clay Fort  Gaines  .   .  3d  Mon.  in  IMarch  and  September. 

Early Blakely 1st  Mon.  in  April  and  October. 

Miller f'olqiiiit 3d  Mon.  in  April  and  October. 

(iuitman  ....  (Jcorgotown  ...  2d  Mon.  in  Mai-cli  and  September. 

Randolph..   .   .  CuthlH'rt 1st  Mon.  in  May  and  November. 

Terrell..      ...   .Dawson    .   .   .   .  Itli  Mon.  in  May  and  November. 

Roine Chattooga  .   .   .  Suinmerville.  .  1st  Mon.  in  March  and  Septemljer. 

Floyd Rome 4th  ]Mon.  in  March  and  September. 

[Georgia  10.] 


Ocmulgee 


•Oconee. 


Baldwin Milledgeville. 

(Jreene Greensboro    . 

Jasper Monticello  .  . 

Jones Clinton. 


liHurens  ... 
Montgomery.. 
Pulaski 


GEORGIA.  191 

« 

Circuit.  County.  Counly  Seat.  Terms. 

Pauldini;  .  .   .   .  Diillas 1st  Mon.  in  Jaiuiaiy  and  July. 

Polk.      ....   .  (.'edartown..  .   .  2d  Mon.  in  Fobruary  and  Aui?ust. 

Haralson Muclianan. .  .   .  .'5d  Mon.  in  .lanuaiy  and  July. 

Walker La  Fayette.  .   .  Last  Mon.  in  Fet)rnary  and  Auijnst. 

Southern...   .Berrien Nashville..   .   .  l.st  iMon.  in  .Vpril  and  (.»ctul)er. 

Hrook.s tiuitnian l.st  Mon.  in  May  and  Xoveniher. 

„  ,      ..  •M„.,i,..i^  (  Wednesday  after -1th  Mon.  in  Maivli. 

Colqnit Moultrie.   .   .  ^  Wednesday  alter  2a  M<ni.  in  ( )et..h.T, 

Echols Statenville..  .    .  2d  Mon.  in  Marcli,  Jtli  Mon.  in  Sept. 

Lowndes V'aldosta .'{d  Mon.  in  May  and  Noviinljer. 

•     Thomas    .   .   .   .  Thoiuasvllle. ..  .id  week  in  .Vpril  and  October. 
.South     West- 
ern   Lee  .   .  •  .  .  •  .   .  Leesburs;  .  .   .   .2d  Mon.  in  March  and  Xoveinl)er. 

Macon Osclethorpe  .  .   .  2d  .Mon.  in  May, -Ith  .Mon.  in  Nov. 

Schley Kllaville -ith  Mon.  in  Mareli  and  September. 

Stewart Lumpkin.  .   .   .  ^tli  Mon.  in  April  and  October. 

Sumter Americus    .   .   .  2d  Mon.  in  April  and  October. 

Webster  ...      Preston 1st  Mon.  in  Ajiril  and  Octol^er. 

Stone  Mount- 
ain  (^lavton .lonesboro  .   .   .  1st  Mon.  in  March  and  Septemix'r. 

Delvalb Decatur   .   .   .   .  :>d  Mon.  in  March  and  Septeml)er. 

AVestern  .   .   .  Baiitcs Homer ;id  Mon.  in  March  and  Septeinlier. 

Clarke Athens 2d  Mon.  in  April  and  November. 

Oconee Watkinsvllle   .  4th  Mon.  in  Januai-y  and  July. 

Franklin  ....  Carnesville.  .   .4th  Mon.  in  March  and  September. 

Gwinnett    .   .   .  Lawrenceville.. 1st  Mon.  in  March  and  September. 

Jackson Tefferson 1st  Mon.  in  February  and  Auiiust. 

Walton Monroe oil  Mon.  in  February  and  August. 

CITY  COURTS  OF  GEORGIA. 

Citv  Courts  have  jurisdiction  over  the  whole  County  in  which  the  courts  are 
held. 

Atlanta,  Fulton  Count.v,  (jurisdiction  unlimited  as  to  amount)  1st  Mondays  in 
.Tune  and  December  for  civil  suits,  1st  Mondays  in  March  and  September  lor  crimi- 
nal terms.  J  udginents  may  be  had  at  criminal  terms.  Augusta,  Richmond  (.lounty, 
i.iurisdiction  unlimited  as  to  amount)  2d  ^Mondays  in  March,  June,  September  and 
November;  Columbus,  iMuscase  County,  (Jurisdiction  unlimited  as  to  amount)  1st 
Mondays  in  Januar.v,  April,  July  and  October;  Gainesville,  Hall  County,  (.jurisdic- 
tion unlimited  as  to  amount)  4th  Mondays  in  January,  April,  July  and  October-; 
Macon,  Bibb  County,  (jurisdiction  unlimited  as  to  amount)  1st  Monda.vs  in  March, 
June,  September  aiid  December;  Rome,  Floyd  County,  (jurisdiction  unlimited  as 
to  amount)  2d  Mondays  in  March,  June,  September  and  December;  Savannah, 
Chatham  County,  (jurisdiction  unlimited),  1st  Mondays  in  February,  May,  July 
and  November;  Athens,  Clark  County,  (jurisdiction  to  $100,000)  3d  Monda.vs  in 
Marcli,  June.  September  and  December;  Carrollton,  Carrol  County,  (jurisdiction  to 
^sW)  Ist  Monda.vs  in  Februar.y,  May,  August  and  November  ;  Cartersville,  Bartow 
County,  f jurisdiction  to  81000)  quarterly  terms  established  at  option  of  Judge  by  ad- 
vertising four  weeks  in  county  oi'gan. 

Clerks  of  Superior  Courts  are  ^.r-c/j/icio  Clerks  of  (^ity  Courts  in  their  respective 
cottnties. 

Courts  of  Ordinary  are  held  for  each  county  on  the  1st  Monday  of  every  month. 

Curtesy.— Xo  curtesy  in  this  state. 

Deeds. — Deeds  in  ordei'  to  admit  them  to  record,  .should  be  attested  witli- 
lu  the  state,  by  a  .judji-e  of  a  couit  of  record  ol  this  state,  justices  of  the 
peace  or  notary  jiublic,  or  a  clerk  of  the  sujx'rior  court,  in  the  county  in  -which 
these  offieei'.s  ivspect fully  hold  their  api^oiutments. 

In  other  states  or  territories,  by  a  commissioner  of  deeds  for  Geororia,  or 
jud;;-e  of  court  of  record  ;  in  the  state  where  executed,  -with  a  certificate  of 
the  clerk,  under  the  seal  of  such  court,  of  the  j^entxineness  of  the  signature 
of  such  judoe  ;  and  in  foreign  cimntries,  by  a  consul  or  vice-consul  of  the 
United  States.  Deed.s  to  realty  should  be  attested  by  two  witnesses,  one  of 
whom  is  such  judge,  clerk,  consul,  commissicmer,  jttstice  of  the  peace,  or 
notary  public.  If  executed  within  this  state,  it  is  not  necessary  for  tho  at- 
testing officer  to  affi.K  his  seal.  The  deed  should  be  e.KCcuted  under  seal.  It 
is  not  necessary  for  wif(!  to  enter  into  a  deed  made  by  the  Itusband  in  order 
for  him  to  convey  free  from  the  claim  of  dower,  except  as  to  property,  tlie 
title  to  which  he  derived  through  his  Avife.  which  can  occur  oidy  in  cases  of 
inarriage  contracted  prior  to  the  act  of  ISfiR. 

If  a  deed  is  neither  attesteil  by,  nor  acknowledged  before,  either  of    the 

[Georgia  ILj 


192  GEORGIA. 

above  nitntioneil  officers,  it  may  be  admitteil  to  record  upon  affidavit  of  a 
Hubseribiiiy  witness  ;  before  either  of  said  officers,  testifying  to  the  execution 
of  the  deed  and  its  attestation  according  to  law. 

A  deed,  to  have  priority  over  a  subsequent  deed,  from  same  vendor,  and 
recorded  in  time,  sliould  be  recorded  within  one  year  from  the  date  thereof.. 
No  prescribed  form  is  essential. 

Form  of  Acknoicledgment, 

Opposite  the  signature  of  the  maker  or  just  beneath  the  same  should 
be  the  words,  "signed,  sealed,  and  delivered  in  the  presence  of,"  and 
beneath  this  should  come  the  signature  of  attesting  officer  and  other  wit- 
nesses, no  other  certificate  or  acknowledgment  of  tlie  execution  of  the  in- 
strument is  necessary. 

Descent  and  Distribution. — Upon  the  death  of  the  owner  of  any  estate 
in  realty,  which  estate  survives  him,  the  title  vests  immediately  in  Ids  heirs 
at  law.  The  title  to  all  other  property  owned  by  him  vests  in  the  adminis- 
trator of  his  estate,  for  the  benefit  of  his  heirs  and  creditors. 

The  following  rules  are  to  be  followed  in  determining  who  are  the  heirs  at 
law  of  a  deceased  person  :  1st.  The  husband  is  sole  heir  of  his  intestate  wife, 
except  where  such  wife  leaves  a  separate  estate  without  remainder  or  limita- 
tion over,  which  takes  effect,  and  leaves  surviving  her,  in  addition  to  such 
husband,  a  child  or  children,  or  descendants  of  a  child  or  children  ;  then  such 
separate  estate  shall  be  equally  divided,  share  and  share  alike,  between  said 
husband  and  said  off-spring  per  capita,  bvit  the  descendants  of  children  shall 
take  per  stripe;  2d.  If  the  intestate  dies  without  children,  or  descendants  of 
children,  leaving  a  wife,  the  wife  is  sole  heir;  3d.  If  there  are  children,  or 
those  representing  children,  the  wife  shall  have  a  child's  part,  unless  the 
shares  exceed  five  in  number,  in  which  case  the  wife  shall  have  one-fifth  part 
of  the  estate.  If  the  wife  elects  to  take  dower,  she  has  no  further  interest  in 
realty  ;  4th.  Children  stand  in  the  first  degree  from  the  intestate,  and  inherit 
equally  all  property  of  every  description.  Posthumous  children  stand  upon: 
the  same  footing  with  children  in  being  upon  all  questions  of  inheritance. 
The  lineal  descendants  of  children  stand  in  the  place  of  their  deceased  par- 
ents ;  and  in  all  cases  of  inheritance  from  a  lineal  ancestor,  the  distribution 
is  per  stripe,  and  not  per  capita ;  Brothers  and  sisters  of  the  intestate  stand 
in  the  second  degree,  and  inherit,  if  there  is  no  widow,  or  child,  or  represen- 
tatives of  children.  The  half-blood  on  the  paternal  side  inherit  equally  with 
the  whole  blood.  If  there  be  no  brother  or  sister  of  the  whole  or  half-blood 
on  the  paternal  side,  then  those  of  the  half-blood  on  the  maternal  side,  shall 
inherit.  The  children  or  grand-children  of  brothers  and  sisters  deceased, 
shall  represent  and  stand  in  the  place  of  their  deceased  parents,  but  there 
shall  be  no  representation  further  than  this  among  collaterals  ;  6th.  The  father 
if  living,  inherits  equally  with  brothers  and  sisters,  and  stands  in  the  same 
degree.  If  there  be  no  father,  and  the  mother  is  alive,  and  a  widow,  she 
shall  inherit  in  the  same  manner  as  a  father  would.  If  the  mother  is  not  a 
widow,  she  shall  not  be  entitled  to  any  poition  of  svich  estate,  unless  it  shall 
be  that  of  the  only  or  last  surviving  child  of  the  mother,  in  which  event  she 
shall  take  as  if  unmarried  ;  7.  In  all  degrees  moi'e  remote  than  the  foregoing, 
the  paternal  and  maternal  next  of  kin  shall  stand  on  equal  footing  ;  8th.  First 
cousins  stand  next  in  degree  ;  uncles  and  aunts  inherit  equally  with  cousins  ; 
0th.  Tlie  more  remote  degrees  shall  be  detennined  by  the  rules  of  the  canon 
law,  as  adopted  and  enforced  in  the  Englisli  courts  prior  to  the  fourth 
day  of  July,  A.  D.  177G. 

Bastards  have  no  inheritable  blood,  except  tliat  given  to  them  by  express 
law.  They  inherit  from  their  mother,  and  from  each  other  children  of  the 
same  mother,  in  the  same  manner  as  if  legitimate.  If  a  mother  have  both 
legitimate  and  illegitimate  children,  they  shall  inherit  alike  the  estate  of  the 
'mother.     If  a  bastard  dies  leaving  no  issue  or  widow,  his  mother,  brothers 

[Georgia  12.] 


GEORGIA.  183 

and  sisters  shall  inherit  his  estate  equally.  The  ehiklren  of  a  deceased  bas- 
tard represent  the  parent.  If  a  bastard  di<;s  intestate,  leaving  no  widow  or- 
lineal  descendant,  or  illegitimate  brother  or  sister,  or  descendant  of  a  brother 
or  sister,  or  mother,  but  shall  leave  a  brother  or  sister  of  legitimate  blood, 
such  brother  or  sister,  or  descendant  of  such  brother  or  sister,  may  inherit 
the  estate  of  such  intestate  ;  but  in  default  of  any  such  person,  the  l>rothers 
and  sisters  of  the  mother  of  such  bastard,  or  their  descendants,  or  the  ma- 
ternal grand-parents  of  such  bastard,  inherit  the  estate  of  such  bastard,  to  be 
divided  among  said  persons,  in  accordance  with  the  degrees  of  consanguinity 
prescribed  above. 

Depositions. — A  witness  may  be  examined  on  interrogatories,  by  commis- 
sion, at  the  instance  of  either  paity,  in  any  civil  cause  pending  in  any  court 
in  this  state,  where  either  of  the  following  state  of  facts  exists  :  1st.  Where 
the  witness  resides  out  of  the  county  ;  2d.  Where,  from  the  condition  of  his 
health,  from  age,  or  otherwise,  he  cannot  attend  the  court,  or,  from  the  na- 
ture of  his  business  or  occupation,  it  is  not  possible  to  secure  his  personal  at- 
tendance without  manifest  inconvenience  to  the  public,  or  to'third  persons— 
such  as  postmaster,  public  carriers,  i)hy«icians,  school  teachers,  etc.  ;  3d. 
Where  the  witness  is  about  to  remove  from  the  county,  or  is  about  to  leave 
home  on  business,,  for  a  sojourn  or  term,  which  will  extend  beytmd  the  term 
of  the  court ;  4th.  All  female  witnesses  ;  5th.  Where  he  is  the  only  witness 
to  a  material  point  in  the  case. 

There  must  be  two  commissioners.  No  person  is  competent  to  act  as  com- 
missioner who  is  related  to  either  of  the  parties  to  the  suit,  or  who  is  inter- 
ested in  any  way  in  the  suit,  nor  is  the  attorney  of  either  party,  nor  his  clerk, 
nor  an  agent  paid  to  discharge  this  duty,  a  competent  commissioner. 

Reasonable  compensation  may  be  paid  to  the  commissioners,  but  not  more 
than  two  dollars  per  day  shall  be  taxed  as  costs  against  the  party  sued  last  in 
the  suit.  No  party,  nor  his  counsel,  nor  his  agent,  nor  other  person  on  his  be- 
half, should  be  present  at  the  execution  of  the  commission.  Witnesses  may 
write  out  their  own  answers  in  the  presence  of  the  commissioners,  and  by 
their  consent,  but  in  no  other  way  shall  they  prepare  the  same  ;  and  if  the 
witnesses  answer  from  written  memoranda,  such  memoranda  shall  be  sent 
with  the  commission,  and  the  fact  certified  by  the  commissioners. 

Form  of  Caption  and  Certificate  to  Depositions. 

State  of  Gkorgia,      ) 
County  of .        )     ' 

By  virtue  of  a  commission  to  us  directed,  by  the  honorable court  of 

,  Georgia,  in  the  case  of vs. ,  the  undersigned  commissioners 

have  caused ,  the  witness  in  said  commission  named,  to  come  before  us, 

who,  being  duly  sworn,  true  answers  to  make  to  the  annexed  interrogatories, 
deposes  and  says  : 

To  the  first  interrogatory  he  answers . 

To  the  second  interrogatory  he  answers . 

To  the  first  cross-interrogatory  he  answers . 

To  the  second  cross-iuterrogatory  he  answers . 

( Witness''  signature. ) 

Answered,  subscribed,  and  sworn  to  before  us,  this day  of ,  18 — . 

,  Com.     [li.  s.  ] 

,  Com.     [l.  6.] 

INSTRUCTIONS. 

The  interrogatories,  answers  and  commission,  should  then  be  sealed  up 
in  an  envelope,  with  the  names  of  the  commissioners  written  across  the  seal, 

[Georgia  13.1 


194  GEORGIA. 

aud  directed  to  tho  officer  ol'  tlie  court  whence  the  commission  issued.     The 
package  can  be  sent  by  mail  or  intrusted  to  the  party,  or  some  private  hand. 
In  the  former  case,  the  postmaster  receiving  it  from  the  commissioner  must . 
certify  to  the  fact,  thus  ;   ''  Received  this  package  from ,  one  of  the  com- 
missioners, this day  of  ,  18 — ,  postmaster  at  ,'' 

J)('pogitions  inhen  Voimnumons  inaived. 
(Instructions  for  forms  following.) 

Where  any  party  to  a  suit  in  any  court  of  this  state  shall  desire  to  exam- 
ine a  witness  by  written  interrogatories,  and  the  opposite  party,  or  liis  attor- 
,ney,  shall  in  writing  waive  commission,  tlie  answers  of  the  witness  may  be 
taken  by  virtue  of  such  agreement,  which  shall  operate  in  lieu  of  a  commijs- 
sion,  and  the  persons  acting  as  commissioners  shall  be  authorized  to  administer 
the  usual  oath  to  the  witness. 

A  caption,  ift  substance  as  follows,  shall  be  sufficient. 
Form  of  Caption. 


ss. 


Statk  of  Georgia,    ? 
County  of  .      *i 

By  virtue  of  an  agreement  between  the  parties  or  counsel,  in  the  case  of 
vs.  ,  pending  in  the court  of  county,  the  undersigned,  ac- 
ting as  commissioners,  have  caused ,  a  witness  in  said  case,  to  come  be- 
fore us,  who,  being  duly  sworn  trvie  answers  to  make  to  the  annexed  inter- 
rogatories, deposes  and  answers  as  follows  : 

To  the  first  interrogatory  he  answers . 

To  the  second  interrogatoiy  he  answers . 

To  the  first  cross-interrogatory  he  answers . 

To  the  second  cross-interrogatory  he  answers . 

( Witni'ti.'i'  signature. 

Answered,  subscribed  andswonito  Itefore  lis,  tliis day  of ,  18 — . 

,  Com.      [i..  s,] 

,  Com.      [l.  s.] 

Divorce. — Divorces  are  granted  by  the  superior  courts,  and  are  of  two 
kinds,  total,  or  from  bed  and  board.  The  concurrent  verdict  of  two  juries, 
at  different  terms  of  the  court,  are  necessary  to  a  total  divorce.  A  divorce 
from  bed  and  board  may  be  granted  on  the  verdict  of  one  jury. 

The  grf>unds  for  t()tal  divorce  are :  Intermarriage  by  persons  within  the 
prohibited  degrees  of  consanguinity  and  affinity;  mental  incapacity  at  the 
time  of  marriage  ;  impotency  at  the  time  of  the  marriage  ;  force,  mences, 
duress,  or  fraud,  in  ol>t-aining  the  marriage;  Pregnancy  of  tlie  wife  at  the 
time  of  marriage,  unknown  to  the  husband:  Adultery  in  either  of  the  par- 
ties after  marriagt;;  Wilful  aii<l  continued  desertion  by  either  of  the  parties, 
for  tlic  term  of  tliree  years  ;  the  conviction  of  either  party  for  an  offense  in- 
vi)lving  moral  turpitude,  and  luider  which  he  or  she  is  sentenced  to  imprison- 
ment in  the  penitentiary  for  the  term  of  two  years  or  longer.  In  case  of  cruel 
treatment  or  habitual  intoxication  by  cither  party,  the  jury  in  their  discretion 
may  grant  cither  a  total  or  jiartial  (livorce.  Divorces  from  bed  and  board 
may  l»e  granted  on  any  ground,  wliich  was  held  sufficient  in  the  English  courts 
prior  to  the  t'ourtli  ilayof  May,  1784.  If  the  adultery,  desertion,  cruel  treat- 
ment, or  intoxication,  conii)laincd  of,  shalllu^ve  been  occasioned  by  the  col- 
lusion (»f  the  i>arties,  and  with  the  intention  of  causing  a  divorce,  or  if  the 
party  complaining  was  consenting  thereto,  or  if  both  i>arties  have  been  guilty 
of  like  conduct,  or  if  there  has  l)een  a  voluntary  cundonatiou  or  co-habita- 

[Gwrgla  H.\ 


GEOKGIA.  195 


tion  subsequent  to  the  acts  complained  of,  and  with  notice  thereof,  then  no 
divorce  shall  be  {^ranted.  lu  all  suits  for  divorce,  the  party  applying  shall 
render  a  schedule,  on  oath,  of  the  property  owned  or  possessed  by  the  parties 
at  the  time  of  the  application,  or  at  the  time  of  the  separation,  if  the  parties 
have  separated,  distinguishing  the  separate  estate  of  the  wife,  if  there  be  any, 
which  shall  be  filed  with  the  petition,  or  pending  the  suit,  under  the  order  of 
the  court..  Tlie  jury  rendering  the  final  verdict  in  the  cause,  may  provide 
})ermanent  alimony  for  the  wife.  A  divorce  from  bed  and  board  authorizes 
ri'^ither  party  to  marry  again.  When  a  divorce  is  granted,  the  jury  rendering 
t  lie  final  verdict  shall  determine  the  rights  and  disabilities  of  the  parties. 
Where  wife  is  suing  for  divorce,  she  may  pray  in  her  pleadings  for  the  re- 
storation of  the  name  which  she  bore  at  the  time  of  her  last  marriage,  and  in 
the  event  a  total  divorce  is  granted  to  her,  the  judgment  or  decree  therein 
rendered,  shall  specify  and  restore  to  her  the  name  so  prayed  for. 

Dower. — The  wife  has  the  right  to  an  estate  for  life  in  one-third  of  the 
lands  according  to  valuation,  including  the  dwelling-house,  which  is  not  valued 
unless  in  a  town  or  city  of  which  her  husband  was  seized  and  possessed  at 
tlie  time  of  his  death.  Dower  may  be  barred  by  a  provision  made  by  deed 
or  will,  and  accepted  by  the  wife  after  the  husband's  death,  expressly  in  lieu 
■of  dower,  or  where  the  intention  of  the  husband  is  plain  and  manifest  that  it 
shall  be  in  lieu  of  dower.  By  provisions  made  prior  to  the  marriage,  and  ac- 
<-epted  by  the  wife  in  lieu  of  dower.  By  the  election  of  the  widow  within 
twelve  months  from  the  grant  of  letters  testamentary,  or  of  administration 
on  the  husband's  estate,  to  take  a  child's  part  of  the  real  estate  in  lieu  of 
<lower.  By  a  failure  to  apply  for  the  dower  for  seven  years  from  the  death 
of  the  husband.  By  the  wife's  deed  with  her  husband,  to  lands  to  which  the 
title  came  through  her,  which  can  only  apply  in  cases  of  marriage  prior  to 
the  act  of  18GG.  By  the  adultery  of  the  wife,  unpardoned  by  the  husband. 
No  lien  created  by  the  husband  in  his  lifetinie,  though  assented  to  by  the 
wife,  shall,  in  any  manner  interfere  with  her  right  to  dower. 

Evidence. — The  rules  of  evidence  are  generally  the  same  as  those  at  com- 
mon law.  The  only  difference  of  any  consequence  being,  that  no  person  is 
incapacitated  from  testifying  in  a  civil  suit,  because  of  his  being  interested  in 
or  a  party  to  said  suit,  except  where  one  of  the  original  parties  to  the  con- 
tract or  cause  of  action,  is  dead  or  insane,  or  where  an  executor  or  adminis- 
trator is  a  party  in  any  suit  on  a  contractof  his  testator  or  intestate,  the  other 
party  shall  not  be  admitted  to  testify  in  his  own  favor. 

Executions. — May  issue  at  any  time  after  judgment  is  signed  and  filed, 
allowing  four  days  for  appeal,  and  may  be  levied  at  once,  and  are  returnable 
to  the  next  term  of  court.  Property  must  be  advertised  once  a  week,  for 
four  weeks,  before  sale  under  executions  issuing  from  superior  courts.  Such 
sales  are  made  on  the  first  Tuesday  in  each  month. 

When  execution  issues  from  justice  court,  sale  may  be  made  on  a  regular 
court  day,  after  ten  days'  advertisement.  When  property  levied  upon  is  live 
stock,  fruit,  or  other  perishable  i)roperty,  the  judge,  or  ordinary,  in  absence 
of  said  judge,  or  justice,  as  the  case  may  be,  may  order  a  sale  after  three 
days'  advertisement,  upon  petition,  two  days'  notice  of  the  time  and  place  of 
hearing  having  been  given  to  opposite  party  or  his  attorney.  Justice  court 
executions  cannot  be  levied  on  land,  unless  no  jtersonal  property  sufiicient  to 
satisfy  the  debt,  can  be  founil  ;  this  fact  should  appear  by  officer's  entry  on 
the  execution.  Sales  under  such  levies  are  made  as  sales  under  superior 
court  executions. 

No  redemption  of  ]>roperty  sold  under  execution,  except  for  tax,  when 
owner  may  redeem -within  one  year. — (See  Stay  of  Execution.) 

Executors. — No  formal  Words  are  necessary  to  the  appointment  of  an  exe- 
cutor.    Citizens  of  this  state  only  are  eligible  to  bo  cxeeutors.  except  where 

[i  ii'orgia  1.').] 


196  GEORGIA. 

the  testator  is  resident  of  another  state,  and  leaves  property  in  this  state 
which  is  disposed  of  under  the  provisions  of  the  vrill  or  testament,  in  such 
case  the  duly  authorized  and  qualified  executor,  under  the  laws  of  such  other 
state,  may  discharge  his  duties  as  such  executor  concerning  the  property  sO' 
situated  in  this  state,  if  he  proceeds  to  do  so  within  twelve  mouths  from  tes- 
tator's death.  If  in  any  case  no  executor  is  appointed,  or  can  or  will  serve, 
administration  with  the  will  annexed,  shall  be  granted  by  the  ordinary  under 
the  same  rules  as  may  be  prescribed  for  the  granting  of  administration  gen- 
erally. Tlie  marriage  of  an  executrix  abates  her  letters.  An  executor  is  not 
required  to  give  bond  on  qualification,  but  the  ordinary  may  require  such  ex- 
ecutor to  give  bond  if  he  discovers  that  such  executor  is  mismanaging  the 
estate,  or  is  about  to  remove  it  without  the  state.  Tlie  rules  governing  ad- 
ministratoi-s  of  estates,  where,  in  their  nature,  applicable  to  executors,  are 
held  and  taken  to  apply  to  and  include  executors.  Such  as,  twelve  months 
exemption  from  suit,  dating  from  qualification ;  annual  returns  ;  notice  to 
creditors  to  render  in  demands  ;  payment  of  debts  ;  mode  of  effecting  sales  ; 
commissions  ;  obtaining  letters  of  dismission,  etc. — {,See  Administration  of 
Estates  of  Deceased  Persons.) 

Exemptions. — The  constitution  of  1877  provides,  that  there  "  shall  be  ex- 
empt from  levy  and  sale,  by  virtue  of  any  j^rocess  whatever,  under  the  laws 
of  this  state,  except  as  hereinafter  excepted,  of  the  property  of  every  head  of 
a  family,  or  guardian,  or  trustee  of  a  family  of  minor  children,  or  every  aged 
or  infirm  jierson,  or  person  having  the  care  and  support  of  dependent  females 
of  any  age,  who  is  not  the  head  of  a  family,  realty,  or  personalty,  or  both,  to 
the  value  in  the  aggregate  of  $1,600.  The  exceptions  are  for  taxes,  purchase 
money  of  the  liomestead,  labor  done  thereon,  or  material  furnished  therefor, 
or  for  the  removal  of  incumbrances.  The  debtor  has  power  to  waive  or  re- 
nounce in  writing,  the  right  of  exemption  thus  provided,  except  as  to  wear- 
ing apparel,  and  not  exceeding  $300  worth  of  household  and  kitchen  furniture, 
and  provisions,  to  be  selectedby  himself  and  his  wife,  if  any  ;  and  he  shall 
not,  after  it  is  set  apart,  alienate  or  incumber  the  property  so  exempted,  but 
it  may  be  sold  by  the  debtor  and  his  wife,  if  any,  jointly,  with  the  sanction 
of  the  judge  of  the  superior  court  of  the  county  where  the  debtor  resides,  or 
the  land  is  situated,  the  proceeds  to  be  reinvested  upon  the  same  uses. 

A  former  law  provides,  that  any  person  being  the  head  of  a  family,  etc., 
may  claim  as  an  exemption:  Fifty  acres  of  land,  and  five  additional  acres  for 
each  child  under  sixteen  years  of  age — including  the  dwelling-house,  which  i.-» 
not  to  be  worth  more  than  $300.  The  land  must  not  have  on  it  any  mill, 
machinery,  etc.,  worth  more  than  $200.  If  the  land  lies  in  a  city  or  village, 
the  exemption  shall  not  exceed  $500  in  value.  One  horse  or  mule  ;  one  cow 
and  calf ;  ten  head  of  hogs,  and  $50  in  value  of  provisions,  and  $5  in  value 
additional  for  each  child ;  beds  and  bedding  sufficient  for  the  family  ;  one 
loom,  one  spinning  wheel,  two  pairs  of  cords,  and  100  pounds  of  lint  cotton  ; 
common  tools  of  trade,  cooking  utensils  and  crockery,  wearing  apparel  for 
the  family  ;  the  library  of  a  professional  man  in  actual  practice,  not  exceed- 
ing in  value  $300  ;  fifty  bushels  of  com,  1,000  pounds  of  fodder,  one  one-horse 
wagon,  one  table,  set  of  chairs,  one  family  sewing  machine  ;  household  and 
kitchen  furniture  not  exceeding  in  value  $150.  Any  ])erson  claiming  this  ex- 
emption cannot  claim  constitutional  exemption,  and  vice  -versa  Debtor  may 
waive  in  writing  this  exemption  also. 

Factors, — (See  Liens.) 

False  Pretence.— If  any  person  falsely  represents  his  own  respectability, 
wealth,  or  mercantile  correspondence  and  connections,  or  falsely  personates 
another,  or  if  any  jjerscm  causes  or  procures  others  to  report  falsely  of  his 
honesty,  respectability,  wealth,  or  mercantile  character,  and  thereby  fraudu- 
lently obtains  any  money,  goods,  chattels,  or  any  other  valuable  thing,  or 
things.     Or  if  any  person  uses  any  deceitful   means  or  artful  practice  by 

[(Jeorgia  16.] 


GEORGIA.  197 

-which  individuals,  or  an  individual,  or  tlie  public,  are  defrauded  and  cheated, 
uuch  persons  are  punishable  criminally  in  Georgia. 

Frauds,  Statutes  of. — To  make  the  following  obligations  binding  on  the 
promisor,  the  promise  must  be  iu  writing,  signed  by  the  party  to  be  charged 
therewith,  or  some  person  by  him  lawfully  authorized,  viz.:  1st.  A  promise 
by  an  executor,  administrator,  guardian,  or  trustee  to  answer  damages  out 
of  his  own  estate.  2d.  A  promise  to  answer  for  the  debt,  default  or  mis- 
carriage of  another.  3d.  Any  agreement  made  upon  consideration  of  mar- 
riage, except  that  au  agreement  between  the  parties  to  a  marriage,  contem- 
plating a  future  settlement  upon  the  wife,  even  though  by  parol,  may  be  ex- 
ecuted and  enforced  by  a  court  of  equity,  at  the  instance  of  the  wife,  at  any 
time  during  tlie  life  of  the  husband,  jjrovided,  that  the  rights  of  third  per- 
sons, purchasers  or  creditors  in  good  faith,  and  without  notice,  are  not 
affected  thereby.  4th.  Any  ccmtract  for  sale  of  lands,  or  any  interest  in,  or 
Concerning  tliem.  oth.  Any  agreement,  except  contracts  with  overseers, 
that  is  not  to  be  perlbrmed  within  one  year  from  the  making  thereof.  6th. 
Any  promise  to  revive  a  debt  barred  by  the  statutes  of  limitation.  7th.  Any 
contract  for  the  sale  of  goods,  wares  and  merchandise  in  existence,  or  not  in 
tKse  to  the  amount  of  $50  or  more,  except  the  buyer  shall  accept  part  of  the 
^oods  sold  and  actually  receive  the  same,  or  give  something  in  earnest  to 
bind  the  bargain,  or  in  part  payment.  8th.  An  acceptance  of  a  bill  of  ex- 
change. These  rules,  however,  do  not  extend  to  the  following  cases  :  1st. 
When  the  contract  has  been  fully  executed.  2d.  Where  there  has  been  per- 
formance on  one  side,  accepted  by  the  other  in  accordance  with  the  contract. 
3d.  Where  theie  has  been  such  part  performance  of  the  contract  as  would 
render  it  a  fraud  of  the  party  refusing  to  comply  if  the  court  did  not  com- 
pel a  performance. 

Garnislunent. — In  cases  where  suit  is  pending,  or  where  judgment  has 
been  obtained,  process  of  garnishment  may  issue  against  the  debtors  of  the 
defendant;  the  plaintiff,  his  agent,  or  attomey-at-law,  having  made  affidavit 
before  some  officer  authorized  to  issue  an  attachment,  stating  the  amount 
claimed  to  be  due  in  such  action  or  on  such  judgment,  and  that  he  has  rea- 
son to  apprehend  the  loss  of  the  same,  or  some  part  thereof,  unless  the  pro- 
cess of  garnishment  do  issue ;  and  also  having  given  bond,  with  good 
security,  in  a  sum  at  least  double  the  amount  sworn  to  be  due,  conditioned 
to  pay  the  defendant  all  costs  and  damages  that  he  may  sustain  in  conse- 
quence of  the  suing  out  of  said  garnishment,  in  the  event  that  the  plaintiff 
fails  to  recover  in  the  suit  pending,  it  should  appear  that  the  amount  sworu 
to  be  due  on  such  judgment  was  not  due,  or  that  the  property  or  money 
sought  to  be  garnished  was  not  subject  to  process  of  garnishment.  Agent 
or  attomey-at-law  of  plaintiff  making  the  affidavit  has  authority  to  sign  the 
name  of  the  plaintiff  to  the  bond  and  bind  him  thereby.  All  debts  owing  to 
the  defendant,  and  all  property,  money  or  effects  of  the  defendant  coming 
into  the  hands  of  the  garnishee  between  the  time  of  the  service  of  the  garn- 
ishment and  the  time  at  which  he  is  required  to  make  his  answer,  shall  bo 
subject  to  i>rocess  of  garnishment,  w^hether  the  garnishee  had  anything  in 
his  hands  or  was  indebted  anything  to  tlie  defendant  at  the  date  of  the  serv- 
ice of  the  summons  or  not.  Judgment  having  been  obtained  against  the  de- 
fendant may  be  entered  also  against  the  garnishee,  if  he  answers  that  he  has 
effects,  or  if  he  fails  to  make  answer  by  the  second  term.  All  money  raised 
by  virtue  of  the  process  of  garnishment,  shall  be  paid  over  to  the  creditors 
of  the  defendant  according  to  the  priorities  established  by  law,  the  expenses 
of  the  moving  creditors  being  first  paid  pro  rata,  by  the  judgment  creditors 
receiving  the  benefit  of  his  diligence.  All  journeymen,  mechanics  and  day 
laborers  are  exempt  from  garnishment  on  their  daily,  weekly  or  monthly 
wages.  The  maker  of  negotiable  paper  in  the  hands  of  plaiutiflfs  debtor  is 
liable  to  garnishment. 

Grace. — {See  Notes  and  Bills  of  Exchange.) 

[Georgia  17.J 


198  GEORGIA. 

Homestead.— ^('bVe  Exemptions.) 

Insolvent  Laws. — {See  Assignments.) 

Interest.— Legal  rate  is  seven  per  cent,,  but  contracts  in  writing  may  be 
made  up  to  eight  per  cent.  Usury  forfeits  excess  charged.  Judgments  bear 
lawful  interest.  All  titles  to  property  made  as  a  part  of  an  usurious  con- 
tract, or  to  evade  the  laws  against  usury,  are  void. 

Judgments. — Are  Hens  from  their  date  on  all  real  and  personal  property 
of  the  debtor  not  specially  exempted,  except  promissory  notes  in  hands  of 
defendant.  Stocks  in  incorporated  companies  are  made  specially  liable  by 
statute.  Judgments  are  rendered  only  at  second  term  of  superior  court,  ex- 
cept in  actions  for  rent  in  which  judgments  are  had  at  first  term  ;  and 
in  justices  courts  at  fii-st  term.  Judgments  become  dormant  in  seven  years 
if  no  execution  is  issued  upon  them  ;  or  wlien  execution  has  been  issued 
seven  years  have  expired  from  the  time  of  the  last  entry  upon  said  execution, 
by  the  officer  authorized  to  execute  and  return  the  same,  said  entry  must  be 
copied  on  the  execution  docket.  But  may  be  revived  by  proceedings  within 
three  years  from  the  time  they  become  dormant,  by  scire  facias,  or  suit  upon 
said  judgment.  Judgments  had  at  the  same  term  work  equally.  Four  years 
possession  of  real  estate,  and  two  years  possession  of  personal  property,  by 
the  purchaser  of  property  sold  after  judgment  against  the  vendor,  discharges 
such  property  from  the  judgment  lien,  provided  the  sale  was  bona  fide  ami 
for  a  valuable  consideration. 

Justices  of  the  Peace. — {See  Actions  and  Courts.) 

Landlord  and  Tenant. — The  landlord  has  power  to  distrain  for  rent  as 
soon  as  the  same  is  due,  or  before  due,  if  the  tenant  is  seeking  to  remove  his 
goods  from  the  premises.  If  the  tenant  fails  to  pay  the  rent  due  at  any 
time  the  landlord  may  re-enter  immediately  and  dispossess  the  tenant  in  the 
way  provided  by  law.  If  the  tenant  holds  over  after  his  term  expires,  the 
landlord  may  recover  doubls  rent  for  such  time.  Judgments  ui)on  suits  for 
rent  are  rendered  at  the  first  term.  When  the  rent  agreed  to  be  paid  is  a 
part  of  crop,  such  portion  shall  not  be  liable  to  be  levied  upon  by  any 
process  for  debt  against  the  tenant ;  provided,  the  contract  is  in  writing  and 
the  rent  does  not  exceed  one-half  of  the  crop.  Where  no  time  is  sijecified 
for  the  termination  of  tenancy,  the  law  construes  it  to  be  for  the  calendar 
year.  Two  months'  notice  is  necessary  from  the  landlord  to  terminate  a 
tenancy  at  will.  One  month's  notice  is  necessary  from  the  tenant.  The  de- 
struction of  a  tenement  by  fire,  or  the  loss  of  possession  by  any  casualty,  not 
caused  by  the  landlord,  or  from  defect  of  his  title,  shall  not  abate  the  rent 
contracted  to  be  paid.  A  tenant  holding  over  beyond  the  term  for  which  he 
rented,  or  failing  to  pay  the  rent  when  due,  is  dispossessed  by  the  landlord, 
his  agent,  attorney  in  fact,  or  attorney-at-law  going  before  the  judge  of  tho 
superior  court  or  any  justice  of  the  peace,  having  previously  made  demand 
on  the  tenant  for  the  possession  of  the  lands  or  tenements  rented,  and  mak- 
ing oath  of  the  facts,  wherevii^on  such  officer  issues  a  warrant,  or  process, 
directed  to  the  sheriff  or  his  deputy,  or  any  lawful  constable  of  the  county 
where  the  land  lies,  requiring  him  to  deliver  to  the  landlord,  or  his  represen- 
tative, full  and  quiet  possession  of  the  lands  or  tenements  mentioned  in  the 
affidavit,  removing  the  tenant,  with  his  property  found  thereon,  away  from 
the  premises.  The  tenant  may  make  issue  by  filing  counter-affidavit  and 
tendering  a  bond  with  good  security,  payable  to  the  landlord,  for  the  pay- 
ment of  such  sum  with  costs  as  may  be  recovered  against  him  on  the  trial  of 
the  case.  A  distress  warrant  for  rent  may  be  issued  by  any  justice  of  tho 
peace  in  the  county  in  which  the  debtor  resides  or  where  the  property  rented 
may  be  found,  before  whom  the  landlord,  his  agent  or  attorney  may  make 
affidavit  as  to  the  sum  due  for  such  rent,  and  said  distress  warrant  may  be 

[Georgia  18.] 


GEORGIA.  199 

Icvietl  by  any  duly  qualified  couslable,  on  any  i)roiR'ity  bclongin}^  to  i\n- 
debtor.  The  property  so  levied  on  may  be  replevied  by  the  party  distrained 
by  his  making  affidavit  that  the  sum,  or  some  part  thereof,  distrained  for,  is 
not  due,  and  giving  security  for  the  eventual  condemnation  m<mey.  The 
issue  so  f<«'med  stands  for  trial,  in  the  court  having  cognizance  thereof,  by 
a  petit  jury  at  the  first  term  of  said  court. — (See  Liens.) 

Leases. — Leases  may  be  confined  to  a  particular  interest  in  lands,  such  as 
mining  or  agricultural,  in  which  event  no  other  interest  passes.  If  no  ob- 
ject of  the  lease  is  stated,  the  mining  interest  will  not  pass  unless  the  circum- 
stances justify  an  implication  of  such  an  intention  in  the  parties.  Real 
estate  may  be  leased  by  contract  in  writing  for  not  more  than  five  years.  A 
lease  of  land  by  parol  for  more  than  one  year  is  void. 

License. — Agents  of  all  foreign  insurance  companies  must  obtain  a  license 
before  taking  insurance  in  this  state.  Every  peddler  or  itinerant  trader,  by 
sample  or  otherwise,  must  api)ly  to  tlie  ordinary  of  each  county  where  lie 
may  desire  to  trade,  for  a  license,  which  shall  be  granted  to  him  on  the  terms 
said  ordinary  has  or  may  impose.  (This  provision  does  not  extend  to  per- 
sons selling  the  agricultural  products  of  any  state,  nor  to  persons  selling 
agricultural  implements,)  If  no  tax  is  fixed  by  the  ordinary,  the  code  pre- 
scribes a  tax  of  $r)0.00. 

Liens. — The  following  liens  are  established  in  this  state  :  Liens  in  favor  of 
the  state,  counties,  and  municipal  corporations  for  taxes — these  liens  are  sn- 
perior  to  all  others,  and  rank  between  themselves  in  the  above  order  ;  liens 
in  favor  of  creditors  by  judgment  and  decree  ;  liens  in  favor  of  laborers — a 
general  lien  on  the  projierty  of  tlieir  employers,  and  a  special  lien  on  the  pro- 
ducts of  their  labor ;  liens  in  favor  of  landlords — a  special  lien  for  rent  on 
crops  made  on  land  rented  from  them,  superior  to  all  other  liens,  except  liens 
for  taxes  (this  lien  dates  from  the  maturity  of  the  crops),  also  a  general  lieu 
on  the  property  of  the  debtor  (this  lien  dates  from  the  levy  of  a  distress  war- 
rant to  enforce  the  same),  also  a  lien  on  the  crop  of  debtor  for  supplies, 
money,  farming  utensils,  etc.,  advanced  for  making  crimps  (this  lien  attaches 
only  on  the  crop  of  the  year  in  which  such  advances  are  made)  ;  all  persons 
have  a  lien,  as  above,  for  clothing,  medicines,  supplies,  or  provisions  for  the 
support  of  families,  medical  services,  and  tuition  or  school  books  furnished ; 
liens  in  favor  of  mortgagees  ;  liens  in  favor  of  mechanics  on  real  and  per- 
sonal property — a  special  lien  on  the  real  property  improved  in  favor  of  me- 
ehanics  of  all  sorts  for  work  done  and  material  furnished  in  building,  repair- 
ing, or  improving  any  real  estate  of  their  employers.  The  title  to  the  prop- 
erty does  not  atfeot  this  lien.  This  lien  is  declared  and  created  as  follows  : 
1.  There  must  be  a  substantial  compliance  with  the  contract  on  the  part  of 
the  mechanic.  2.  The  claim  of  lien  must  be  recorded  in  the  office  of  the 
elerk  of  the  .superior  court  of  the  county  where  the  property  is  situated, 
within  thirty  days  after  the  work  is  completed,  or  within  three  months  after 
the  material  is  furnished.  3.  An  action  for  the  recovery  of  the  amount  of 
the  claim  must  be  commenced  within  twelve  months  from  the  time  the  same 
becomes  due.  Contractors,  material  men,  machinists,  and  manufacturers  of 
machinery,  have  a  similar  lien  to  the  above  ;  mechanics  of  every  sort  have  a 
special  lien  on  personal  projicrty  for  work  done  and  material  furnished  iu 
manufacturing  or  repairing  tlie  same,  which  may  be  asserted  by  retention  of 
the  property  ;  or  the  mechanie  may  surrender  the  same  and  give  credit,  en- 
forcing the  lien  as  other  liens  on  personal  property — the  liens  being  recorded, 
in  cases  of  surrender  of  the  property,  in  the  office  of  the  clerk  of  the  super- 
ior court  of  the  county  where  the  debtor  resides,  and  within  ten  daj^s  after 
the  work  is  done,  and  proceeded  upon  within  one  year  from  the  time  the  debt 
is  due  ;  liens  in  favor  of  emi)loyees  on  steamboats  upon  such  boat,  for  serv- 
ices rendered  in  connecticm  with  the  same,  or  for  wood  or  provisions  fur- 
nished the  same  ;  liens  irl  favor  of  imi-keepers,  boarding-house  keepers,  car- 

[Georgia  19.] 


200  GEORGIA. 

riers,  livery  stable  keepers,  pawnees,  depositaries,  bailees,  factors,  accep- 
tors and  attomeys-at-law,  for  their  dues  upon  the  property  of  the  debtors 
that  may  come  into  their  hands  at  the  time  of  creating  such  debt,  which  lieu 
must  be  asserted  by  retention  of  the  property. 

Form  of  Mechanic  s  Lien,  Etc. 
"A.  B.,  a  mechanic,  contractor,  material  man,  machinist,  manufacturer, 
or  other  person  (as  tlie  case  may  be),  claims  a  lien  on  the  house,  factory, 
steam  mill,  machinery  or  railroad  (as  the  case  may  be),  and  the  premises  or 
real  estate  on  which  it  is  erected  or  built,  of  C.  D.  (describing  the  houses, 
premises,  real  estate  or  railroad — for  building,  repairing,  improving  or  furn- 
ishing material — or  whatever  the  claim  may  be)." 

Limitation  of  Suits- — All  actions  against  executors,  administrators, 
guardians  or  trustees,  except  on  their  bonds,  must  be  brought  within  ten 
years  after  the  right  of  action  accrues.  Debts  and  contracts  made 
and  judgments  obtained  outside  the  state,  prior  to  June  1,  1865,  are 
barred,  unless  suit  was  brought  to  collect  or  enforce  the  same  by  or  before 
January  1,  1870,  Adverse  possession  of  land  for  twenty  years  gives  good 
title  by  prescription,  except  against  the  state  and  persons  under  disability  ; 
and  adverse  possession  for  seven  years,  under  written  evidence  of  title,  gives 
like  title  by  prescription,  unless  the  title  be  forged  or  fraudulent.  A  like 
title  to  personalty  is  acquired  by  four  years'  adverse  possession. 

Suits  upon  foreign  judgments  are  barred  in  five  years  after  judgment  was 
obtained ;  on  domestic  judgments  in  seven  years,  (but  see  judgments)  ;  all 
proceedings  to  set  aside  judgments  or  decrees,  and  all  bills  of  review,  or  for 
new  trials  in  a  court  of  equity  (unless  the  latter  be  fovmded  on  proof  of  per- 
jury in  a  material  witness  for  successful  party)  must  be  brought  within 
three  years  after  such  decree  or  judgment  was  rendered ;  actions  upon  bonds 
or  other  instruments  under  seal,  all  suits  for  the  enforcement  of  rights  ac- 
cruing to  individuals,  under  statutes,  acts  of  incorporation,  or  by  operation 
of  law,  must  be  broughtwithintwentyyearsafterthe  right  of  action  accrues; 
upon  promissory  notes,  bills  of  exchange,  or  other  simple  contracts,  in  writ- 
ing, within  six  years  ;  upon  open  accounts  and  undertakings  not  in  writing, 
within  fovir  years.  Married  women,  infants,  idiots,  or  insane  persons,  orper- 
sons  imprisoned,  who  are  such  when  the  cause  of  action  aucn.ies,  are  gener- 
ally entitled  to  the  same  time,  after  the  disability  is  removed,  in  which  to 
bring  an  action,  as  above.  A  new  promise,  in  order  to  renew  a  right  of  ac- 
tion already  barred,  or  to  constitute  a  new  point  from  which  the  limitation 
shall  commence  running  on  a  right  of  action  not  yet  barred,  must  be  in 
writing  ;  but  a  payment  on  a  written  evidence  of  debt,  entered  by  the  debtor, 
or  any  other  acknowledgment  of  the  existing  liability,  is.suflacient.  These 
limitations  apply  as  well  to  courts  of  equity  as  common  law. 

Limited  Partnerships. — {See  PartJier'sMps.) 

Married  Women. — All  property  of  the  wife  in  possession  at  the  time  of 
marriage,  or  afterward  acquired  by  her,  is  her  separate  property,  and  not 
liable  for  the  jjayment  of  any  debts,  defaults  or  contracts  of  the  husband. 
Wife  can  not  bind  her  separate  estate  by  any  contract  of  suretyshiii,  whether 
in  belialf  of  her  husband  or  any  other  person.  The  wife,  by  consent  of  her 
husband,  published  for  one  month  in  a  newspaper,  m&y'becorac  &  freetrader, 
in  which  event  she  is  liable  as  a,femme  sole.  Widow  takes  dower  in  one-third 
of  all  the  lands  of  which  her  husband  was  seized  at  his  death.  The  husband 
is  bound  to  support  and  maintain  his  wife,  and  his  consent  shall  be  presum- 
ed to  her  agency  in  all  purchases  of  necessaries  suitable  to  her  condition  and 
habits  of  life,  for  herself  and  family.  The  wife  may  act  as  attorney  and 
agent  for  the  husband.  A  married  woman  may  sue  and  be  sued  in  her  own 
name,  and  is  liable  for  her  contracts,  as  to  her  separate  j^roperty,  but  her 
property  may  not  be  used  in  the  payment  of  her  husband's  debts,  the  creditor 
taking  with  n<jtice,  although  with  her  consent. 
[Georgia  20.] 


GEORGIA.  201 

TVIecliaiucs'  Liens. — {See  Liens.) 

Minors- — The  ajje  of  legal  majority  in  this  state  is  twenty-one  years,  un- 
til that  age  all  persons  arc  niiuons.  The  contracts  of  a  minor  are  void,  ex- 
cept marriage  conti'acts  and  settlements  by  persons  of  lawful  age  to  marry, 
and  contracts  for  necessaries,  and  for  necessaries  they  are  not  valid  uidess 
the  party  furnishing  them  proves  that  the  parent  or  guardian,  fails  or  refuses 
to  sujiply  sufficient  necessaries  for  such  minor.  If,  however,  the  infant  re- 
ceives property,  or  other  valuable  consideration,  and  after  arrival  at  age  re- 
tains possession  of  such  property,  or  enjoys  the  proceeds  of  such  valuable 
consideration,  such  a  ratitication  of  the  contract  binds  him.  The  exemption 
of  the  minor  is  a  personal  privilege.  The  party  contracting  witli  him  can- 
not plead  it,  unless  he  was  ignorant  of  the  fact  at  the  time  of  the  contract ; 
nor  can  third  persons  avail  themselves  of  it  as  a  defense.  If  an  infant,  by 
permission  of  his  parent  or  guardian,  or  by  permission  of  law,  practices  any 
jirofession  or  trade,  or  engages  in  any  business  as  an  adult,  he  shall  be  bound 
for  all  contracts  connected  with  such  profession,  trade  or  business.  Infants 
under  fourteen  years  of  age  caimot  make  wills,  an  infant  may  be  appointed 
executor,  but  cannot  qualify  until  of  age,  unless  expressly  directed  by  the 
testator.  The  deed  of  an  infant  is  voidable  at  his  pleasure  on  majority. 
The  making  of  another  deed  at  that  time  voids  the  first,  without  an  entry  on 
the  land.  The  statutes  of  limitation  do  }iot  run  against  a  minor,  but  he  has 
the  same  length  of  time,  after  he  bei^omes  of  age,  in  which  to  bring  an  ac- 
tion, as  one  has  who  is  of  age  when  his  cause  of  action  accrues. 

Mortgages. — Pass  no  title,  and  are  simply  security  for  debt.  Must  be 
executed  and  proved  with  the  same  formality  as  deeds,  and  recorded  with- 
in one  month.  Mortgages  on  realty  require  one  witness  besides  the  attesting 
officer.  A  mortgage  may  embrace  all  property  in  possession,  or  to  which 
the  mortgagor  has  the  right  of  possession,  at  the  thne,  or  may  cover  a  stock 
of  goods,  or  other  things  in  bulk,  but  changing  in  specifics,  in  which  case  the 
lien  is  lost  on  all  articles  disposed  of  by  the  mortgagor  up  to  the  time  of 
foreclosure,  and  attaches  on  the  purchases  made  to  supply  their  place. 
Mortgages  on  realty  should  be  recorded  in  the  county  where  the  land  lies  : 
on  personalty,  in  the  county  where  the  mortgagor  resided  at  the  tinio  of  its 
execution,  if  a  resident  of  this  state,  if  not  a  resident,  then  in  the  county 
where  the  projjerty  is.  If  tlie  mortgagor  be  a  resident  of  this  state,  and  the 
l)ropcrty  is  locati  d  in  a  county  other  than  that  of  his  residence,  the  mortgage 
.should  be  recorded  in  the  county  where  the  property  is  located,  in  addition  to 
the  county  of  mortgagor's  residence.  If  not  recorded  within  the  proper 
time  it  is  nevertheless  valid  as  against  the  mortgagor,  but  is  postponed  to 
other  liens  created  prior  to  the  actual  record  of  said  mortgage,  if  said 
younger  liens  arc  taken  without  actual  notice  of  said  prior  unrecorded 
mortgage.  The  due  record  of  a  mortgage,  though  not  within  the  time  pre- 
scribed, is  notice  from  the  time  of  recoid  to  all  the  world.  Notes  secured 
by  mortgages,  when  transferred,  carry  the  mortgages  with  them. 

A  mortgage,  although  assented  toby  the  wife,  does  not  interfere  with  her 
right  todower  in  thelands  of  her  husband,  but  by  theactsof  1871-73,  onemay 
convey  any  real  property  by  deed  to  secure  any  debt  to  any  ])erson  loaning 
or  advancing  said  vendor  any  money,  or  to  secure  any  other  debt,  and  may 
take  bond  for  titles  back  to  said  vendor  upon  the  payment  of  such  debt,  or 
debts  ;  or  maj'^  in  like  manner  convey  any  personal  property  l)y  bill  of  sale, 
and  take  an  obligation  binding  tlie  jjcrson  to  whom  said  property  was  con- 
veyed to  reconvey  said  property  upon  the  i)ayment  of  said  debt  or  debts, 
such  conveyance  of  real  or  i)ersonal  property  passes  the  title  of  said  propertif 
to  the  vendee^  consequently  there  can  ])e  no  claims  of  dower.  Liens  against 
the  vendor  do  not  attach  to  the  i)roperty.  Upon  failure  to  pay  the  debt,  the 
title  becomes  absolute  until  Mis  paid.     No  particular /orw  is  necessary. 

Notes  and  Bills  of  Exchange. — Are  negotiable  by  indorsement  of  the 
payee  or  holder;  if  payable  to  bearer,  by    transfer  and  delivery  only.     The 

[Georgia  21.] 


202  GEOROIA. 

maker  may  restrain  the  negotiability  thereof  by  exx^ressing  such  intention  ia 
the  body  of  the  instrument.  All  bonds,  specialties,  or  other  contracts  in 
■writing  for  the  payment  of  money,  or  any  article  of  property,  and  all  judg- 
ments and  executions  are  negotiable  in  the  same  way.  Every  transferer  of 
a  negotiable  instrument,  whether  by  indorsement  or  delivery,  warrants  (im- 
pliedly), that  he  is  the  lawful  holder  and  has  a  right  to  sell,  that  the  iustru- 
ment  is  genuine,  and  that  he  has  no  knowledge  of  any  fact  which  proves  tho 
instrument  to  be  worthless,  either  by  insolvency  of  the  maker,  payment,  oi" 
othei-wise.  Any  person  indorsing  or  transferring  a  negotiable  instrument  maij 
Umit\i\s  own  liability  upon  such  indorsement,  or  transfer  by  express  restric- 
tions therein  ;  and  the  assignor  of  a  judgment  shall  not  be  held  liable  as 
indorser,  unless  ia  such  assignment  he  expressly  contracts  so  to  be.  When 
bills  of  exchange  and  promissory  notes  are  made  for  the  purpose  of  negotia- 
tion, or  intended  to  be  negotiated  at  any  chartered  bank,  and  the  same  arc 
not  paid  at  maturity,  notice  of  non-payment,  and  protest,  or  non-acceptanco 
must  be  given  to  the  indorser  within  a  reasonable  time,  or  svich indorser  will 
not  be  bound  ;  but  protest  is  not  necessary  to  bind  indorsers,  exce^Dt  where 
the  paper  is  payable  on  its  face  at  a  bank  ;  is  discounted  at  a  bank  ;  or  isleffc 
at  a  bank  for  collection  ;  in  such  cases  days  of  grace  must  be  allowed. 
Days  of  grace  are  not  allowed  on  bills  or  drafts  payable  at  sight.  The 
bona  fide  holder  for  value  of  a  negotiable  instiixment,  who  receives  the  same 
before  it  is  due,  and  without  notice  of  any  defect  or  defense,  shall  be  pro- 
tected from  any  defenses  set  np  by  the  maker,  acceptor,  or  indorser,  except 
the  following  :  1st.  Non  est  factum  ;  2nd.  Gambling,  or  immoral  and  illeg.i  1 
consideration  ;  3rd.  Fraud  in  its  procurement.  If  the  holder  receives  itafttu- 
it  is  due,  its  non-i)ayment  at  maturity  is  notice  to  him  of  dishonor,  and  he 
takes  it  subject  to  all  the  equities  existing  between  the  original  parties.;  if 
there  be  several  notes  constituting  one  transaction,  but  due  at  different  times 
the  fact  that  one  is  overdue  and  unpaid  shall  be  notice  to  the  purchaser  of" 
all.     Bills  of  exchange  must  be  accepted  in  writing  to  bind  the  acceptor. 

Oaths  and  Affidavits.— (*%e  Affidavits.) 

Partnerships. — Partnerships  are  created  either  by  written  or  parol  con- 
tract, or  they  may  arise  from  a  joint  ownership,  use  and  enjoyment  of  the 
profits  of  individual  property,  real  or  personal.  Third  persons  are  not  bound 
by  stipulations  among  the  partners  themselves,  unless  actual  notice  of  such 
stipulations,  prior  to  dealing  with  the  partnershij)  is  proven.  Such  stipu- 
lations are,  however,  binding  on  the  partners.  As  to  third  persons,  the 
partners  are  liable  not  only  to  the  extent  of  their  interests  in  the  partnership 
property,  but  also  to  the  whole  extent  of  their  several  separate  estates.  All 
the  partners  are  bound  by  the  acts  of  any  one,  within  the  legitimate  business 
of  the  partnership,  until  dissolution,  or  the  commencement  of  legal  process 
for  that  purpose,  or  express  notice  of  dissent  to  the  person  about  to  be  con- 
tracted with.  The  surviving  partner,  in  case  of  death,  has  the  right  to 
control  the  assets  of  the  farm  to  the  exclusion  of  the  legal  representatives  of 
a  deceased  partner,  and  he  is  primarily  liable  to  the  creditors  of  the  firm  for 
their  debts.  Alter  dissolution,  a  partner  cannot  bind  the  firm  by  a  new  con- 
tract, or  revive  one  already  for  any  cause  extinct,  nor  renew  or  continue  an 
existing  liability,  nor  change  its  dignity  or  its  nature.  A  dissolution  does 
not  relieve  the  partners  frona  liability  in  regard  to  transactions  that  are  past. 
The  interest  of  a  partner  in  the  jiartnership  assets  may  be  I'cachedby  a  judg- 
ment creditor  by  process  of  garnishment  .served  on  the  firm,  andshall  not  be 
subject  to  levy  and  sale.  Tlie  lien  on  such  interest  shall  attach  from  the 
date  of  the  judgment  against  the  partner.  Every  partnership  is  dissolved 
at  anytime  l)y  the  mutual  consent  of  the  ])arties,  by  the  marriage  of  a,femme 
sole  partner  ;  by  the  extinction  of  the  business  for  which  it  was  formed,  or 
by  such  misconduct  of  either  partner  as  will  justify  a  court  of  ecpiity  to  de- 
cree a  dissolution.  No  limited  partnership  can  be  formed  for  the  purposes- 
of  banking  or  making  insuraucc. 

[Georgia  22.] 


GEOK(jiIA.  203^ 

The  general  partners  only  are  authorized  to  transact  business,  and  sign 
for  the  partvicrsliip,  and  to  bind  the  same.  Persons  desirous  of  forming  a 
limited  partnership  must  make  and  severally  sign  by  themselves,  or  at- 
torney in  fact,  a  certificate  which  should  contain  the  firm  name  ;  the  gen- 
eral nature  of  the  business  ;  the  names  of  all  the  general  andsijecial  partners, 
and  their  respective  residences,  distinguishing  the  general  from  the  special  ; 
the  amount  of  capital  which  each  special  partner  has  contributed;  and  the 
periods  atwhichthe  i^artnership  is  to  commence  and  terminate.  Buch  certifi- 
cate should  be  acknowledged  by  the  persons  signing  the  same,  or  their  at- 
torney in  fact,  before  a  judge  of  the  superior  court,  ordinary,  justice  of  the 
peace,  or  notary  public,  and  such  acknowledgment  certified  by  tlie  oflicer 
before  whom  the  same  is  made.  The  certificate  and  power  of  attorney,  so 
acknowledged  and  certified,  should  be  file<l  and  recorded  in  the  ofiice  of  the 
clerk  of  the  superior  court  of  the  county  where  the  business  is  to  be  ti'ans- 
acted.  And  at  the  same  siinc,  an  affidavit  or  affidavits,  of  the  several  gen- 
eral partners,  shouhl  be  filed  in  tlie  same  office,  stating  that  the  sums  speci- 
fied as  contributed  by  the  special  partners,  have  been  in  good  faith  paid  in 
cash.  The  terras  of  the  jiartnership  should  be  published,  within  two  montli.s 
after  registry,  six  weeks  in  two  newspapers  of  the  county  where  the  business- 
is  to  be  carried  on ;  but  if  there  are  not  two  such  newspapers,  then  in  one, 
and  if  no  such  newspaper,  then  in  the  newspaper  in  which  the  sherifi^  adver- 
tises. The  names  of  the  general  partners  only  shall  be  inserted  in  the  firm 
style,  without  the  addition  of  the  word  "company, "  or  any  other  general 
term.  Suits  are  brought  in  the  name  or  names  of  the  general  partners  only, 
and  suits  against  such  partnerships  are  brought  against  the  general  partners 
only,  and  such  special  partners  as  have  rendered  themselves  liable  as  gener- 
al partners.  A  limited  partnership,  when  insolvent,  or  in  contemplation  of 
insolvency,  or  after  or  in  contemplation  of  the  insolvency  of  any  partner, 
cannot  make  sale,  assignment  or  transfer  of  any  of  the  property  or  efteets  of 
such  partnership,  with  tlie  intent  of  giving  a  preference  to  any  creditor  of 
such  partnership  or  insolvent  partner  over  other  creditors  of  such  partner- 
ship, and  every  judgment  confessed,  lien  created,  or  security  given  by  sucli 
partnership,  under  the  like  circumstances,  and  with  the  like  intent,  is  void 
as  against  the  creditors  of  such  partnership,  nor  can  a  general  partner,  or 
special  partner,  who  may  have  become  liable  as  a  general  partner,  when  in- 
solvent or  in  contemplation  of  insolvency,  or  after  or  in  comtem- 
platiou  of  the  insolvency  of  partnership,  make  sale,  assignment  or  transfer 
of  any  of  his  proi^erty,  or  confess  judgment,  create  a  lien,  or  give  security, 
with  the  intention  of  giving  to  any  creditor  of  his  own,  or  of  the  partner- 
ship, a  preference  over  creditors  of  the  partnership. 

Promissory  Notes. — {See  Notes  and  Bills  of  Exchange.) 

Proot  of  Claims. — All  unliquidated  demands  of  non-residents,  sued  upon, 
fihould  be  proven  by  evidence  taken  by  commission,  {see  depositions).  When, 
however,  suit  is  brought  upon  an  open  account  m».  justice  court  (jurisdiction 
up  to  $100),  such  account  may  be  proven  by  the  written  affidavit  of  the 
plantiff,  and  when  so  proved  shall  be  received  in  evidence  as  if  it  was  prov- 
ed in  open  court,  provided  service  upon  defendant  has  been  personal.  Tlie 
defendant  may,  nevertheless,  file  his  written  affidavit,  denying  the  justice 
and  fairness  of  the  whole  or  any  part  of  such  account,  and  the  court  williwt 
give  judgment  in  favor  of  the  plaintifl"  for  that  part  of  the  account  denied 
and  controverted,  unless  supported  by  other  proof.  Accounts  and  all  unliqui- 
dated demands  should  be  itemized.  Claims  sent  to  this  state  for  collection 
should  always  be  accompanied  by  the  full  name  of  each  plaintiff" ;  if  the 
plaintiff"  be  a  partnership,  the  full  name  of  each  partner  should  be  given  ;  if 
a  corporation,  the  style  of  the  corporation  as  appearing  in  its  charter.  {See 
Claims  against  Descedents^  Estates. ) 

Recording. — Every  marriage  contract  and  every  voluntary  settlement  made- 

[Georgia  23.] 


GEORGIA. 


by  the  husband  on  the  wife,  whether  in  execution  of  marriage  articles  or  not, 
must  be  recorded  in  the  office  of  the  clerk  of  the  superior  court  of  the  county 
of  the  residence  of  the  husband,  within  three  months  after  the  execution 
thereof.  On  failure  to  comply  with  this  provision,  such  contract  or  settle- 
ment shall  not  be  of  any  force  or  eftect  against  a  purchaser,  or  creditor,  or 
surety  who,  bona  fide  and  without  notice,  may  become  such  before  the  actual 
recording  of  the  same.  If  such  contract  or  settlement  is  made  in  another 
state,  and  the  parties  subsequently  move  into  this  state,  the  record  must  be 
made  within  three  months  from  such  removal.  If  the  settled  property  be  in 
this  state  and  the  i)arties  reside  in  another,  then  the  record  must  be  made  in 
the  county  where  the  property  is,  and  within  the  time  specified  above. — {See 
Deeds  and  Mortgages.) 

Redemption. — In  Georgia,  property  sold  under  execution  cannot  be  re- 
deemed, except  in  case  of  tax  executions. — {tiee  2hxes.) 

Replevin. — There  is  no  action  of  replevin  in  Georgia.  In  lieu  of  replevin, 
we  have  an  action  by  possessory  warrant,  in  which  the  right  of  possession  of 
personal  property  is  determined.  We  have  also  the  common  law  action  of 
trover,  in  which,  if  plaintiff  recovers,  he  has  an  alternative  verdict  in  dam- 
ages to  be  discharged  on  delivery  of  the  property.  Upon  affidavit  being 
made  by  the  party  injured,  his  agent,  attorney  in  fact,  or  at  law,  to  any  judge 
of  the  superior  (;oart,  judge  of  the  county  court,  or  justice  of  the  peace  of 
the  county  in  which  the  property  in  controversy  may  be,  that  any  personal 
•chattel  has  been  taken,  enticed  or  carried  away,  either  by  fraud,  violence, 
seduction,  or  other  means,  from  the  possession  of  the  party  complaining,  or 
that  such  personal  chattel  having  recently  been  in  the  quiet,  peaceable  and 
legally  acquired  possession  of  such  com])laining  party,  has  disappeared  with- 
out his  consent,  and,  as  he  believes,  has  been  received  or  taken  i^ossession  of 
by  the  party  complained  agamst,  under  some  pretended  claims  and  without 
lawful  warrant  or  authority,  and  that  the  party  coinitlaining  does  in  good 
faith  claim  a  title  to  or  interest  in  the  personal  chattel,  or  the  jjossession 
thereof,  such  judge  or  justice  should  issue  a  warrant  for  the  apprehension 
of  the  defendant  and  the  seizure  of  the  chattel.  The  question  of  possession 
is  determined  in  a  summary  way  without  investigating  the  title  to  the  prop- 
erty, and  the  property  awarded  to  the  party  showing  the  best  right  to  pos- 
session, requiring  a  bond,  with  good  security,  in  double  the  amount  of  the 
value  of  such  property,  and  the  bill  claimed,  if  any,  for  the  production  of 
the  property  to  answer  any  judgment,  execvition  or  decree,  issued  upon  such 
suit,  at  law  or  in  equity,  as  the  opposite  party  may  bring  within  the  next 
four  years  touching  the  same.  If,  upon  the  issuing  of  Uie  possessory  war- 
rant, the  property  described  in  the  warrant  is  in  the  possession,  power,  cus- 
tody, or  control  of  the  defendant,  or  his  agent,  and  he  fails  to  produce  it,  he 
may  be  committed  to  jail,  without  bail,  until  he  does  ]iroduce  it,  unless  he 
can  satisfactorily  show  to  the  court,  that  such  property  has  been  in  his  quiet 
and  peaceable  possession  for  four  years. — {Sec  Arrest.) 

Revivor. — A  new  promise,  in  order  to  renew  a  right  of  action  already 
barred,  or  to  constitute  a  point  from  which  the  limitation  shall  commence 
running  on  a  right  of  action  not  yet  l)arred,  must  be  in  writing  and  sub- 
ficribed  by  the  party  making  the  new  promise,  or  some  one  authorized  by 
him.  A  payment  entered  upon  a  written  evidence  of  debt  by  the  debtor,  or 
any  other  written  acknowledgment  of  tlie  existing  liability,  is  equivalent  to 
a  new  promise  to  pay. — (See  Fraud,  Statutes  of.) 

Seal. — Seal  includes  impressions  on  the  paper  itself,  as  well  as  impressions 
■on  wax  or  wafers.  With  the  exception  of  official  seals,  a  .scrawl,  or  any 
other  mark  intended  as  a  seal  is  held  as  such.  Contracts  under  seal  are  of 
liigher  dignity  than  ordinary  simple  contracts. — {See  further  Limitations  o-n 
Actions.) 

[Georgia  24.] 


GEORGIA.  2©5 

Security  for  Costs  and  other  Undertakings.— (-See  Costs,  Security  for.) 

Stay  of  Execution. — Execution  issued  from  the  superior  court  may, 
"within  four  days  after  the  adjournment  thereof,  be  stayed  for  sixty  days  by 
defendant  givinif  bond,  with  j^ood  security,  for  the  payment  of  the  amount 
and  costs  within  that  time.  Execution  issued  from  a  justices'  court  may, 
within  four  days  after  the  adjournment  thereof,  be  stayed  by  the  defendant 
paying  all  accrued  costs,  and  giving  bond  and  good  securitj'  for  principal  and' 
interest  due;  said  stay  to  be  for  sixty  days,  if  the  i)rincipal  be  more  than 
thirty  dollars,  and  for  forty  days,  if  the  ])rincipal  be  less  than  thirty  dollars. 
Constables  may  sell  property  levied  on  by  them  on  regular  justices'  court 
days,  after  advertising  ten  days. 

Suits. — (See  Actions.) 

Supplementary  Proceedings. — Are  unknown  in  Georgia. 

Taxes. — Property  is  liable  for  assessment  for  state  and  county  taxes  on 
the  first  day  of  Ai)ril.  Taxes  are  payable  on  the  first  day  of  October.  All 
property  may  be  sold  for  payment  of  taxes.  Real  estate  so  sold,  whether 
for  state  and  county,  or  municipal  taxes,  may  be  redeemed  within  one  year 
by  the  owners  paying  the  purchaser  the  purchase  money  and  ten  per  cent, 
premium  tliereon.  Tax  sales  are  regulated  by  the  same  rules  governing 
judicial  sales. 

Trust  Deeds. — Are  executed  and  recorded  as  other  deeds. 

Usury .^(iSee  Interest.) 

Wages. — (See  Garnisliment  and  Liens.) 

Wills. — All  wills,  except  nuncupative  wills,  disposing  of  realty  or  per- 
sonalty, must  be  in  writing,  signed  by  the  party  making  the  sanie,  or  by 
some  other  person  in  his  presence,  and  by  his  express  directions,  and  .shall  be 
attested  and  subscribed  in  the  presence  of  the  testator  by  three  or  more  com- 
petent witnesses.  A  witness  may  attest  by  his  mark,  provided  he  can  swear 
to  the  same  ;  but  one  witness  cannot  subscribe  the  name  of  another,  even  im 
hLs  presence  ami  by  his  direction.'  If  a  subscribing  witness  is  also  a  legatee 
or  a  devisee  under  the  will,  the  witness  is  competent,  but  the  legacy  or  devise- 
is  void. — (5ee  Executors.) 

Witnesses. — (See  Evidetice  and  Depositions.) 


[Georgia  Zj.] 


^06 


GEOliGlA. 


ATTORNEYS   IN  GEORGIA. 


Bold  Face  Type  denotes  county  seats.       A  dash  (- 
Figures  after  names,  when  admitted  to  the  Bar. 
A  double  dagger  (J)  our  CV)mpiler  of  Laws. 
A  dagger  (tj  former  recommendation  withdrawn. 


)  less  than  100  population. 
A  star  (*)  Notaries  Public. 


PLACE. 

COUNTY, 

Alabeville 

Wilcox 

Allapaha 

Berrien 

Albany 

Douglierty 

Alpharetta 

Milton 

Americus 

Sumter 

Arlington 

Calhoun 

Athens 

Clarke 

NAMES   OF    ATTORNEYS.     POPULA'N. 


J.  L.  Bankston. 

Fullwood  &  Stacy. 

C.  B.  Wooten, 

Thomas  L.  Lewis. 

J.  C.  MATTHEWS,  '70. 

GEORGE  H.  DOZIER,  '67. 

L.  &  H.  Cobb. 


100 

300 
3,216 

174 
3,625 

250 
7,700 


Atlanta. 


Fulton  County. 


Population  88,398. 


ALEXANDER  TURNBULL,  10^  W.  Ala.  St. 

King,  Porter,    '79,    27^   Whitehall    St.     Represents  Maddox, 

Rucker  &  Co.,  Atlanta. 
MOYERS,  W.  T.,  '72,  44  S.  Pryor  St. 
PAYNE,  J.  CARROLL,  '78,  3^  Whitehall  St. 
SIBLEY,  ROBERT  L.,  6^  Whitehall  St. 

Harper  &  Bro.  21,891 

O.  G.  GURLEY,  '58.  1,436 

S.  N.  WOODWARD,  '82.  1,962 

Halton  &  Son.  300 
ANDREW  B.  ESTES,  Jr.,  '79.   778 

J.  A.  Butt.  200 

Wm.  A.  Jordan.  700 

Crovatt  &  Whitfield.  3,891 

Thos.  Walsh.  — 

W.  J.  Head.  358 

Butt  &  Lumpkin.  539 

B.  W.  Brand.  800 
J.  C.  Harkins.  510 
L  A.  Bush.  672 
G.  R.  Brown.  363 
A.  N.  King.  400 
Blance  &  Noycs.  1,843 
Felix  N.  Cobb,  '82.  1,400 

S  HON.  A.  M.  FOUTE,  '68.  o  n«vr 

(  R.  W.  MURPHEY,  '67  "'"^^ 

C.  H.  Sutton.  400 
J.  N.  Merrett.  180 
Underwood  &  Son.  200 
R.  Johnson.  294 
Q.  L.  Harwood.  1,200 
Y.  B.  Baughn.  200 


Augusta 

Richmond 

Bainbridge 

Decatur 

Bamesville 

Pike 

Baxley 

Appling 

Blackshear 

Pierce 

Blairsville 

Union 

Blakely 

Early 

Brunswick 

Glynn 

Bryan 

Bryan 

Buchanan 

Haralson 

Buena  Vista 

Marion 

Butler 

Taylor 

Calhoun 

Gordon 

Camilla 

Mitchell 

Canton 

Cherokee 

Camesville 

Franklin 

Cedartown 

Polk 

CarroUton 

Carroll 

Cartersville 

Bartow 

Clarkesville 

Habershaw 

Clayton 

Rabun 

Cleveland 

White 

Clinton 

Jones 

Cocliran 

Pulask;i 

■Colquitt 

Miller 

(jEOJlC.lA. 

TLACE. 

COUNTY. 

NAMES    OF    ATTOKNETS. 

(  GRISBY.  E.  THOMAS,  J 

]  L.  Molester,  'kj. 

Coliimbus 

Muscogee 

(  McNeill  ('72)  &  levy 

Conyers 

Rockdale 

J.  C.  Barton. 

Covington 

Newton 

Simms  &  Simms. 

Crawfordville 

Taliaferro 

J.  W.  IIIXON,  '77. 

Cumming 

Forsyth 

W.  P.  Bell. 

Cuthbert 

Randolph 

W.  C.  WorriU. 

Dahlonega 

Ijumpkin 

Price  &  Charters. 

Dallas 

I'aulhing 

.1.  H.  Weaver. 

Dalton 

Whitefield 

McCutchen  &  Shumate 

Danielsville 

Mat  i  sou 

JNO.  J.  STRICKLAND. 

Darien 

Mcintosh 

C.  L.  Livingstone. 

Dawson 

Terrell 

J.  L.  Jones. 

Dawsonville 

Dawson 

J.  M.  Bishop. 

Decatur 

De  Kalb 

M.  A.  Candler. 

Douglassville 

Douglass 

Robt.  A.  Massey. 

Douglass 

Coffee 

C.  A.  Ward. 

Dublin 

Laurens 

M.  Ilaynes. 

Eastman 

Dodge 

DE  LACY  &  BISHOP. 

Eatonton 

Pulnam 

H,  A.  Jenkins. 

Elberton 

Elbert 

P.  W.  Davis. 

EUaviUe 

Schley 

W.  H.  McCrory. 

Ellijay 

Gilmer 

J.  C.  Allen. 

Fairbum 

Campbell 

Thos.  Latham. 

Fayetteville 

Fayette 

T.  V.  Lester. 

Forsylih 

Monroe 

A.  D.  HAMMOND. 

Tort  Gaines 

Clay 

J.  D.  Bambo. 

Fort  Valley 

Houston 

A.  C.  Riley. 

Franklin 

Heard 

F.  S.  Loftin. 

Gainesville 

Hall 

(  W.  C.  Christopher. 
(}W.  F.  Findley. 

Georgetown 

Quitman 

Wm.  Harrison. 

Greensborougb 

Greene 

Wm.  H.  Branch. 

Greenville 

Meriwether 

A.  H.  Freeman. 

Gibson 

Glascock 

E.  B.  Rodgers. 

Griffin 

Spalding 

John  J.  Hall. 

Hamilton 

Harris 

James  M.  Mobley. 

Hartwell 

Hart 

A.  G.  McCurry. 

Hawkinsville 

Pulaski 

J.  B.  Mitchell. 

Hiawassee 

Towns 

W.  G.  Blackwell. 

Hinesville 

Liberty 

J.  W.  Farmer. 

Homer 

Banks 

P.  M.  Edwards. 

Homerville 

Clinch 

J.  L.  Sweat. 

Irwinton 

Wilkinson 

F.  Chambers. 

Irwinville 

Irwin 

{See  Douglass.) 

Isabella 

Worth 

Wm.  A.  Harris. 

Jackson 

Butts 

Vj.  p.  Catchings. 

Jasper 

Pickans 

W.  T.  Day. 

Jefferson 

Jackson 

W.  C.  Howard. 

Jeffersonville 

Twiggs 

S.  D.  Shannon. 

Jesup 

Wayne 

S.  J.  Clarke. 

Jonesborough 

Clayton 

C.  W.  Hodnette. 

Knoxville 

Crawford 

O.  P.  WRIGHT,  '85 

La  Fayette 

Walker 

II.  P.  Lumpkin. 

Le  Grange 

Troup 

B.  N.  Bigham. 

Lawrenceville 

Gwinnett 

N.  L.  Hutchins. 

Leesburgh 

Lee 

C.  A.  Davis. 

Lexington 

Oglethorp  • 

Hon.  Samuel  Liimjkin, 

Lincoln ton 

Lincoln 

H.  J.  Lang. 

79. 


207 


11.,  '65. 

10,923 
('74). 

1,874 

1,4;-)1 

511 

500 

2,129 

eo2 

400 
2,516 
200 
1,54^^ 
1,576 
200 
638 
500 
100 
574 
700 
1,371 
1,000 
300 
200 
800 
138 

i,ia5 

1,400 

1,277 

269 

1,919 

300 

1,621 
490 
250 

4,200 
500 
750 

2,500 
200 
162 
140 
260 
500 
100 
200 

1,000 
200 
700 
300 
575 

1,048 
200 
800 

2,500 

1,200 
358 
500 
300 


Ii08 

GEORGIA. 

PLACE. 

COUNTY. 

NAMKS   OF   ATTORNEYS. 

POPULA'jf.. 

Louisville 

Jeflferson 

Gamble  &  Hunter. 

70O 

Lumpkin 

Stewart 

B.  F.  HARRELL,  '71. 

T47 

McDouQUgh 

Henry 

T.  C.  Nolan. 

80O 

McRae 

Telfair 

M.  Frizzle. 
(  t  James  L.  Anderson. 

.'  iS'ee  Card  in  Appendix,  page  v 

500' 

Macon 

Bibb 

I.        13,749 

i  .JOHN  P.  ROSS,  '83. 

Madison 

Morgan 

Foster  «&  Butler. 

3,300 

Marietta 

Cobb 

GEORGE  F.  GOBER. 

:5,50O 

Milledgeville 

Baldwin 

D.  B.  Sanford. 

4,500 

Monroe 

Walton 

Ray  &  Walker. 

650 

Montezuma 

Macon 

R.  G.  Ozier. 

1,000 

Monticello 

.Tasper 

Key  &  Preston. 

513 

Morgan 

Calhoun 

J.  J.  Beck. 

300 

Morganton 

Tannin 

0.  R.  DuPue. 

150- 

Mt.  Vernon 

Montgomery 

H.  W.  Carswell. 

300 

Moultrie 

('olquitt 

E.  A.  Milligan. 

100 

NashviUe 

Berien 

H.  B.  Peoples. 

100 

Newnan 

Coweta 

HEWLETTE  A.  HALL, 

"85.    2,005 

Newton 

Baker 

T.  H.  Cusker. 

300 

Oglethorpe 

Macon 

W.  H.  Fish. 

500 

Perry 

Houston 

R.  U.  Holtzclaw. 

920 

Preston 

Webster 

D.  B.  Horrell. 

230 

Quitman 
Keidsville 

Brooks 

H.  G.  Turner. 

1,400 

Tatnall 

H.  J.  McGee. 

300 

Ringgold 

Catoosa 

J.  H.  Anderson. 

500 

Rome 

Floyd 

C.  M.  SHROPSHIRE. 

6.000 

St.  Mary's 

Camden 

J.M.  Aniow. 

600 

Sandersville 

Washington 

Evans  «fc  Evans. 

2,000 

Savannah 

Chatham 

M.  A.  O'BYRNE. 

40,000 

Sparta 

Hancock 

C.  W.  DuBose. 

848 

Springfield 

Effingham 

G.  G.  Pitman. 

150 

Spring  Place 

Murray 

Starr  «fe  Starr. 

400 

State  sville 

Echols 

E.  Wakeley. 

100 

Statesborough 

Bulloch 

E.  C.  Moseley. 

300 

Stone  Mountain 

De  Kalb 

L.  A.  Sirmans. 

i,2oa 

Sumanerville 

Chattooga 

J.  M.  Belloh. 

1,328 

Swainsborough 

Emanuel 

A.  Herrington. 

500 

Sylvania 

Screven 

Dell  &  Wade. 

500 

Talbotton 

Talbot 

Martin  «&  Worrill. 

1,400 

Tennille 

Washington 

J.  C.  Harman. 

1,000 

Thomaston 

Upson 

W.  H.  Sandwich. 

570 

Thomasville 

Thomas 

W.  H.  Hammond. 

3,000 

Thomson 

McDuffie 

*H.  Johnson,  '85. 

800- 

Toccoa 

Habersham 

James  W.  Harris. 

1,000' 

Trenton 

Dade 

T.  J.  Lumpkin. 

500 

Valdosta 

Loundes 

Wm.  West. 

1,515 

Vienna 

Dooly 

J.  H.  Woodward. 

500 

Warrenton 

Warren 

James  Whitehead. 

1,200 

Washington 

Wilkes 

W.  M.  &  M.  P.  Reese. 

3,000 

WatkinsviUe 

Oconee 

J.  T.  Anderson. 

400 

Way  Cross 

AVare 

L.  A.  Wilson. 

2,000 

Waynesborough 

Burke 

H.  H.  Perry. 

1,008 

West  Point 

Troup 

B.  L.  Harris. 

2,000 

Wrightsville 

Johnson 

V.  B.  Robinson. 

274 

Zebulon 

Pike 

Hon.  Jas.  S.  Pope. 

500' 

GEORGIA. 


209 


BANKS  IN   GEORGIA. 

Giving  tlie  name  of  town,  bank  and  casliier,  and  amount  of  paid-up  capital  of  one 
bank  in  each  county  of  tliis  state  in  whicli  sucii  a  banking  institution  is  located. 


ri-ACE. 

Aiuericus 

Athens 

Atlanta 

Augusta 

Barnesville 

Brunswick 

Carrollton 

Cartersville 

Columbus 

Covington 

Daltou 

Dawson 

Eatonton 

Elbeiton 

Forsyth 

Fort  Gaines 

Fort  Valley 

Gainesville 

Griffin 

Hawkinsville 

La  Grange 

Macon 

Milledgeville 

Montezuma 

Newnan 

Rome 

Savannah 

Social  Circle 

Thomasville 

Valdosta 

Washington 

West  Point 


NAME   OF   BAKK. 

Bank  of  Americus 

Bank  of  the  University 

Gate  City  National  Bank 

National  Bank  of  Augusta 

Barnesville  Savings  Bank 

First  National  Bank 

E  G  Kramer 

Baker  &  Hall 

Eagle  and  Pho3nixSv'g  B"k 

W  C  Clark  &  Co 

C  L  Hard  wick  &  Co 

William  Wooten 

E  M  Brown  &  Co 

Swift  Bros 

W  H  Head  &  Co 

Peterson  S:  Co 

Dow  Law  Bank 

Banks  &  Bro 

City  National  Bank 

Hawkinsville  Bank  &  Trust 

lia  Grange  Bank'g  &  Trust 

Capital  Bank 

Milledgeville  Banking  Co 

John  F  Lewis  &  Son 

First  National  Bank 

a  n  (i 

Central  R  R  &  Banking  Co 
J  R  Mobley  &  Co 
A  P  Wright  &  Co 
R  G  Lane  &  Co 
Exchange  Bank 
W  C  &  L  Lanier 


PAID  UP 

CASHIEK. 

CAPITAL. 

H.  C.  Bagley. 

150,000 

A.  L.  Hull. 

125,000 

E.  S.  McCandless. 

250,000 

A.  C.  Beane. 

500,000 

A.  M.  Lamdin. 

53,600 

J  as.  Hen.  Smith. 

55,000 

25,009 

20,000 

A.  I.  Young. 

1,250,000 

100,000 

55,000 

G.  W.  Dozier. 

125,000 

40,000 

85,000 

150,000 

10,000 

J.  D.  Marshall. 

25,000 

50,000 

Joseph  G.  Rhea. 

56,000 

Co.  J.  D.  Stetson. 

50,000 

Co.  G.  A.  Speer. 

150,000 

N.  M.  Hodgkins. 

200,000 

B.  T.  Bethune. 

20,000 

200,000 

H.  C.  Fisher. 

50,000 

B.  I.  Hughes. 

125,000 

7,500,000 

60,000 

E.  M.  Smith. 

100,000 

M.  B.  Lane. 

100,000 

2,000 

Henry  Lanier. 

TERRITORY  OF 

I  DAHO. 

SUMMAltY   OF 

CoivLKCTION      LAWSi. 

Court  Cai.endar,  Insthuctions  for  taking  Depositions,  Legai>  Forms,  Etc. 

Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "Showers' 

Legal  Directory  and  Merchants'  Guide,"  for  1888,  by 

Kingsbury  &  McGowan  of  the  Hailey  Bar. 

Acknowledgments. — ('onveyances  of  real  estate  and  chattel  mortgages 
must  be  acknowledged.  The  acknowledgment  if  within  the  territory,  may 
be  before  a  judge,  a  clerk  of  a  court  of  record,  a  justice  of  the  peace,  a 
notary  public,  a  recorder  of  deeds. 

If  taken  in  the  United  States  and  without  the  territory,  before  a  notary 
public  having  a  seal,  befoi-e  a  judge  or  clerk  of  a  court  of  record,  or  a  com- 
missioner of  deeds.  If  in  a  foreign  land,  before  a  judge  or  clerk  of  a  court 
having  a  seal,  a  notary  public  or  a  minister,  commissioner  or  consul  of  the 
United  States  accredited  to  that  nation. 

Form  of  Certificate  of  Acknoicledgmevt. 

Tehkitoky  of  Idaho,  }    „ 
County  of  .     ^ 

On  this  day  of A.  D.  18 — ,  befoie  me,  .  commissioner  for 

the  territory  of  Idaho,  personally  appeared ,  personally  known  to  me  to 

be  the  per.son  described  in,  and  who  executed  the  foregoing  instrument,  and 
who  acknowledged  to  me  that  he  executed  the  same  freely  and  voluntarily, 
for  the  purposes  therein  mentioned. 

1)1  witness  whereof,  I  have  hereunto  set  my  hand  and  official  seal  the  day 
and  year  aforesaid. 

[l.  s.]  (Signature  and  title  of  officer.) 

(If  taken  before  officer  not  a  commissioner,  change  title  in  form  to  suit.) 

Form  for  Married  Women. 

Tekkitouy  of  Idaho,      \ 
County  of  Alturas.  ^   ''■ 

On  this day  of  in  the  year  before  me  (here  insert  the  name  and 

quality  of  the  officer)  personally  appeared   known  to   me  to  be  the 

l)erson  whose  name  is  subscribed  to  the  within  instrument,  described  as  a 
married  woman  :  and  upon  an  examination  without  the  hearing  of  her  lius- 
band,  I  made  her  accpiainted  with  the  contents  of  the  instrument,  and  tliere- 
ui)on  she  acknowledged  to  me  that  she  executed  the  same,  and  that  she  does 
not  wish  to  retract  such  execution. 

Actions. — All  actions  must  be  prosecuted  in  the  name  of  the  real  i)arty 
in  interest.  The  practice  is  under  code.  There  is  only  one  form  of  action. 
Actions  are  commenced   l)y  filing  complaint.     Defendant  is  brought  into 


IDAHO   TERRITORY.  211 

court  by  servicie  of  suininoiis — iiou- resident  (leleiKlaiits'inay  be  brouj^ht  into 
court  by  publication  ol'  sununons  on  an  order  I'or  that  purpose  IVoiu  the 
court,  or  by  personal  serviee  in  the  foreign  jurisdiction  after  the  order  for 
.substituted  service  has  been  made. 

Administration  of  Estates  of  Deceased  Persons.— Is  o  ranted  in  the  fol- 
lowing order  :  To  (1)  surviving  husband  or  -wife  ;  ("2)  children  :  (•))  parents; 
(4)  brothers;  (5)  sisters  ;  ((>)  grandchildren  :  (7)  any  kin  entitled  to  share  in 
the  estate  ;  (8)  any  kin  ;  (!))  county  treasurer,  who  is  e.v  officio  public  admin- 
istrator, (10)  creditors. 

Claims  (against  estates)  must  be  presented  within  four  nuinths,  if  the  estate 
<loes  not  exceed  fifteen  hundred  dollars,  in  other  eases  within  ten  months  of 
l)uV)lieation  of  notice  thereft)r,  or  be  forever  barred. 

Affidavits. — In  Idaho  aliidavits  may  be  taken  before  a  clerk  or  Judge  of  a 
court  of  record,  a  justice  of  the  peace  or  a  notary  public.  In  any  other  state 
or  territoiy,  before  a  judge  or  elerk  of  a  court  of  record,  or  a  notary  public 
having  a  seal.  In  foreign  lands,  before  an  ambassador,  minister,  eonsul,  con- 
.sular  agent  of  the  United  States  therein,  or  a  court  of  record  having  a  seal. 
In  the  latter  case  the  clerk  of  the  court  nuist  certify  under  seal  of  the  court 
to  the  signature  of  the  judge  and  that  the  court  exists. 

Aliens — Are  prohibited  from  acquiring  title  to  lands  in  Idaho  by  act  of 
i'ongress. 

Appeals. — Appeals  are  allowed  from  justice  and  probate  courts  to  district 
courts,  and  from  district  courts  to  territorial  supreme  court.  In  the  foi"mer 
<ourts  it  must  be  taken  within  thirty  days  ;  in  the  latter,  if  on  the  judgment 
roll,  within  one  year,  and  if  from  an  order  granting  or  overruling  motion  for 
new  trial,  within  sixty  days. 

Arrest. — A  defendant  is  subject  to  arrest  (1)  when  the  action  is  on  eon- 
tract,  and  he  is  about  to  leave  the  territory  with  intent  to  defraud  his  cred- 
itors ;  (2)  in  actions  foi'  wilful  injury  to  person,  character  or  property  ;  (3) 
for  fine,  breach  of  promise  to  marry,  embezzlement ;  (4)  misconduct  in  office 
or  professional  employment ;  (.5)  when  sued  to  recover  concealed  personal 
property  ;  (6)  for  fraud ;  (7)  when  about  to  dispose  of  his  property  to  de- 
fraud creditors. 

Assignments. — Assignnu^nts,  without  preferences,  may  be  made.  The 
insolvent  must  i)etition  district  court  judge  for  leave  to  make  cession  of  his 
l)ropcrty,  showing  schedule  of  assets  and  liabilities  under  oath.  The  judge 
t'itcs  tlic  creditors  to  show  cause  why  the  assignment  should  not  be  made. 
If  no  showing  is  made  sufficient  to  defeat  the  assignment,  petitioner  is  re- 
leased from  his  debts.  The  creditors  at  their  meeting  select  the  assignee. 
If  they  fail  to  do  so  the  sheriff  of  the  county  becomes  assignee  ex  officio. 

Attachments  in  actions  against  non-resident  defendants,  and  in  actions  on 
contracts  for  the  direct  payment  of  money,  where  the  claim  is  not  secured 
by  him  on  real  or  i)ersonal  property.  An  affidavit,  that  the  debt  is  due,  and 
not  secured,  and  that  action  is  not  brought  to  hinder,  delay  or  defraud  cred- 
itors of  defendant,  must  be  filed  ;  also,  undertaking  in  sums  of  fifty  dollars 
if  in  justice  court,  and  two  hundred  dollars  if  in  district  court,  conditioned 
to  pay  defendant's  costs  and  damages  if  defendant  recovers  judgment  or  the 
"writ  be  wrongfully  issued,  must  be  given.  Writs  may  issue  to  difi'erent 
counties  at  the  same  time. 

1^  Banks  and  Bankers. — Idaho  has  no  statute  regulating  banks.  Corpora- 
tions are  ]U'ohibited  from  emitting  paper  money.  A  special  partnership  can 
not  engage  in  the  banking  business. 

Bills  of  Exchange  and  Promissory  Notes.— All  promissory  notes  payable 


212  IDAHO   TERRITORY. 

to  "order"  or  "bearer"  are  negotiable.  Acceptances  must  be  in  writing. 
An  unconditional  promise  to  accept  a  bill  is  deemed  an  actual  acceptance. 
Holder  of  a  bill  may  require  acceptance  on  presentation,  or  protest  the  bill. 
A  refusal  to  return  a  bill  accepted  or  non-accepted  operates  as  an  accept- 
ance. 

Damages  on  protest  for  non-acceptance  or  non-payment  of  bills  of  ex- 
change are  two  per  cent,  if  drawn  on  a  person  or  corporation  in  Idaho  ; 
five  per  cent,  if  on  a  iierson  or  corporation  west  of  Rocky  Mountains  ;  ten 
per  cent,  if  east  of  Rocky  Mountains  ;  fifteen  per  cent,  if  elsewhere. 

Days  of  grace  are  not  allowed. 

Bills  of  Lading. — Idaho  has  no  statute  thereon. 

Chattel  Mortgages. — Mortgages  of  personal  property  are  allowed.  The 
mortgagor  must  acknowledge  the  instrument,  and  one  of  the  parties  to  it 
must  make  oath  that  it  is  made  in  good  faith,  and  not  to  hinder,  delay  or 
defraud  the  creditors  of  the  mortgagor.  The  mortgage  must  be  recorded  in 
the  recorders'  office  of  the  county  where  the  mortgagor  resides,  and  also  in 
the  county  where  the  property  is  situate  ;  one  day  for  each  twenty  miles 
distance  from  recorders'  olfice  is  given  in  whi(!h  to  effect  a  record.  Chattel 
mortgages  may  be  foreclosed  in  a  district  court,  or  by  summary  proceedings 
and  sale  by  sheriff'. 

Claims  against  Decedents'  Estates.— (5fee  Administration.) 

Conditional  Sales  of  Personal  Property. — Idaho  has  no  statute  regula- 
ting such  sales.  But  under  the  authority  of  decisions  of  the  United  States 
Supreme  Court  vendors  are  protected  under  such  sales. 

Corporations,  Domestic  and  Foreign.^Special  charters  are  not  given. 
Cori3orations  are  formed  by  five  or  more  persons  signing  and  acknowledging 
a  certificate  setting  out  the  name^  object,  amount  of  stock,  and  time  of  ex- 
istence of  the  corporation.  This  must  be  filed  in  office  of  county  recorder,, 
or  of  secretary  of  the  territory.  The  stockholder  is  personally  liable  for  the 
proportion  of  corporation  debts  that  his  stock  bears  to  entire  stock.  And 
this  liability  obtains  as  to  stockholders  of  foreign  corporations  doing  busi- 
ness in  Idaho. 

Costs,  Security  for. — Non-resident  plaintiffs  in  actions  in  district  courts,, 
may  be  required  to  give  security  for  costs  to  amount  of  three  hundred 
dollars. 

Courts. — Terms  and  Jurisdiction  of. 

Supreme  Court.     General  jurisdiction  of  all  appeals  from  district  court. 

District  Courts.  Their  jurisdiction  is  general  in  controversies  where  the 
demand  is  over  one  hundred  duJlars. 

Probate  Courts.  Have  usual  jurisdiction  over  estates  of  deceased  persons  ; 
and  jurisdiction  in  civil  cases  where  amount  mvoWed  does  not  exceed  five 
hundred  dollars. 

Justice  Court.  Have  jurisdiction  in  cases  in  which  the  amount  involved 
does  not  exceed  three  hundred  dollars. 

Court  Calendar.— 

Suprrme  (y»irt,  second  .Mnnday  in  January.    I'niled  States  business  at  Lewiston, 
Boise  <Jity,  and  Ulackfoot. 

DISTRICT  COUllTS. 

Counl,!/.  Place.  lH.it.  Time. 

Ada Hoise  VAXy 2      1st  Mon.  April  and  September. 

Alturas Hailey 2      3d  Mon   May  and  id  Mon.  October. 

Bear  Lake Paris ;;     2d  Mon.  March  and  8d  Mon.  .Inly. 

Bingham Blackfoot :!      1st  Mon.  May  and  5th  Mon.  October, 


IDAHO  TEURrrORY.  213 

County.  Place.  Dist.  'litne. 

l'>oise Idaho  City     ....  2  1st  Tuos.  May  and  3d  Tues.  August. 

<'assi;i Albion .5  :-!d  Mon.  March. 

'  uslcr Challis ;!  .'id  Mi)n.  June  and  1st  Mon.  October. 

iilaho Mt.  Idaho 1  Uh  Tues.  Mar.  and  1st  Tuos.  September. 

ICootcnal Hathdruin 1  1st  Wed.  April  and 'Jd  A\'ed.  October. 

Lt'julii Salmon  City  .   ...  •'!  2d  Mon.  April  and  .id  Mon.  September. 

-Nc/,  Forces Lewiston I  1st  Mon.  .June  and  1st  Tluirs.  December. 

<»Mcida MaladCity     ....  o  2d  Mon.  .lunn  and  3d  Mon.  October. 

Owyhee SilvcsCity 2  -Jth  Tues.  .luly 

Slioslioiio Murray 1  3d  Mon.  April  and  3d  Wed.  October. 

Washington.  .  .  .  Weiser  City  ....  2  3d  Tues.  March  and  2d  Mon.  December. 

Curtesy. — E.states  by  the  curtesy  ai'e  abolished. 

Deeds. — Conveyances  of  interest  or  estate  in  lands  must  be  by  deed  signed 
by  the  one  front  whom  the  interest  passes  or  by  his  attorney  in  fact,  and 
tltily  ackuowledi^ed.     {See  Acknoicledgments.) 

The  husband  can  convey  all  the  community  real  estate  of  the  marriage 
union,  without  wife's  signature,  except  homestead. 

The  husband  must  tinite  in  conveyances  of  wife's  real  estate,  save  when 
lie  has  not  resided  in  the  territory  within  a  year  of  the  date  of  the  deed. 

The  term  "heirs"  or  other  words  of  inheritance  are  not  requisite  to  create 
an  estate  in  fee  simple. 

Depositions  may  be  taken,  of  witnesses  out  of  the  territory  on  commis- 
sion ordered  l)y  the  court  or  a  probate  judge.  The  ciunmission  can  issue  to 
any  person  agreed  on,  or  to  any  judge  or  justice  or  person  named  by  the 
<ourt.  If  issued  to  a  foreign  land,  it  must  be  to  a  minister,  ambassador, 
consul,  or  consular  agent  of  the  United  States,  or  to  any  person  agreed  on 
by  the  parties. 

Interrogatories  are  settled  by  the  officer  issuing  the  commission.  The 
commissioner  must  administer  oath  to  the  witness,  take  the  answers  to  the 
<luestions  in  writing,  and  certify  to  and  rettirn  the  deposition  to  the  court  or 
«lerk  of  the  court  in  which  the  action  is  pending. 

Descent  and  Distribution. — After  the  debts  of  the  estate  and  costs  of  ad- 
ministration are  paid,  the  remainder  of  the  estate  is  distributed  as  follows  : 
If  decedent  leave  a  husband  or  wife,  and  one  child,  or  lawful  issue  of  one 
<hild,  in  equal  shares  to  the  survivor  and  child.  If  more  than  one  child, 
one-thiid  to  surviving  spouse  and  remainder  in  equal  shares  to  children  and 
children  of  deceased  child.  If  no  husband  or  wife  survive,  the  issue  of  de- 
-cea.sed  take  estate.  If  there  is  no  issue,  half  the  estate  goes  to  surviving 
husband  or  wife,  and  other  half  to  father  and  mother  of  deceased  in  equal 
sliares  ;  if  father  and  mother  ai'e  dead,  then  the  brothers  and  sisters  and 
issue  of  deceased  brother  or  sister  take  halt  the  estate.  In  defatilt  of  i.ssue. 
husbaiid  or  wife,  the  father  and  mother  take  entire  estate,  and  if  father  and 
mother  be  dead,  the  brothers  and  sisters  and  issue  of  deceased  brother  or 
sister  takes.  If  deceased  leave  no  such  heirs,  estate  goes  to  the  next  of  kin 
in  equal  degree  through  the  nearest  ancestor.  If  there  is  no  heirs  nor  kin, 
nor  husband  or  wife,  the  estate  goes  to  territorial  treasury  for  support  of 
•common  schools. 

Debts  of  estates  are  paid  in  following  order:  (1)  funeral  expenses; 
(2)  expenses  of  last  sickness;  (3)  debts  preferred  by  laws  of  United  States  ; 
(4)  judgments  and  mortgages  in  order  of  their  date  ;  (."))  all  other  demands. 

Divorce  may  l)e  granted  for  adultery,  extreme  cruelty,  wilful  desertion, 
wilful  ne<;lect,  habitual  intemi)erance,  convicticm  of  felony.  Ap]>licant  must 
reside  at  least  six  mt)nths  in  Idaho  immediately  preceding  tin;  action. 

Dower. — A  wife  has  no  right  of  dower  in  lands  of  husband. 

Evidence. — Pai-ties  are  allowed  to  testify  in  their  own  behalf.  Neither 
Kjmuse  can  testify  for  or  against  the  other  without  his  or  her  consent.     Con- 


214  IDAHO  TERRITORY. 

tidential  coinmmiications  to  attorney,  physician,  and  clergymen  are  excluded, 
on  objection  of  the  person  making  them. 


Executions. — Issue  at  any  time  within  five  years. 


Executors. — Are  allowed  to  act  as  such  without  giving  bond,  if  the  will 
l)rovides  that  no  bond  be  required. 

Exemptions. — Homestead  not  exceeding  five  thousand  dollars  to  a  married 
man,  not  exceeding  one  thousand  dollars  to  unmarried  person;  tables,  chairs 
and  books  to  value  of  two  hundred  dollars  ;  necessaiy  apparel  and  household 
furniture  ;  sewing  machine  ;  three  months'  provisions  for  family  ;  two  cows, 
ten  hogs  ;  farmer's  utensils  to  value  of  three  hundred  dollars,  and  his  team, 
wagon,  and  seed  grain  ;  tools  of  meclianic  to  value  of  five  hundred  dollars  ; 
library  and  instruments  of  trade  of  professional  man ;  miner's  cabin  not 
exceeding  five  hundred  dollars,  and  his  packhorse ;  laborer's  cart  or  wagon 
and  team  ;  earnings  of  the  head  of  a  family  for  thirty  days  next  prior  to 
levy  ;  no  article  is  exempt  in  action  for  its  purchase  price. 

Factors. — No  provisions  concerning. 

False  Pretence. — Obtaining  goods  by  false  pretence  is  made  a  crime  by 
statute. 

Fraud,  Statutes  of. — Agreements  not  to  be  performed  within  a  yeai- ; 
si>ecial  promise  to  answer  for  the  debt  of  another  ;  agreements  as  to  sale  of 
goods  of  over  two  hundred  dollars  in  value  (unless  part  payment,  or  part 
(lelivery  be  made) ;  agreements  for  lease  of  land  for  more  than  one  year ; 
and  agreements  for  sale  of  interest  in  real  property,  are  void,  unless  evi- 
ilenced  by  written  agreement  signed  by  the  person  to  be  charged. 

Garnislinient. — Under  writ  of  attachment  or  execution,  money  or  property 
in  possession  or  under  conti'ol  of  a  third  person,  may  be  levied  on  by  serving 
on  said  third  person  a  copy  of  the  writ,  with  a  notice  that  the  property  or 
credit  is  levied  on. 

Grace. — Days  of  grace  are  not  allowed. 

Homestead. — jMay  be  declared  by  husband  or  wife,  of  premises  occupied 
as  such,  by  written  declaration,  signed,  acknowledged  and  recorded.  {See 
also  Exemptions.) 

Insolvent  Laws. — {See  Assignments.) 

Interest  and  Usury. — Ten  per  cent,  is  the  rate  in  absence  of  agreement. 
Parties  may  contract  for  rate  up  to  eighteen  i)er  cent.  Penalty  for  usury  is 
forfeiture  of  ten  per  cent,  of  principal  per  year  to  school  fund  of  the  county, 
to  be  paid  by  defendant,  and  the  lender  takes  only  his  princii^al.  Interest  ou 
interest  that  is  to  fall  due  may  be  contracted  for. 

judgments. — .Judgment  of  district  courts  is  lien  on  debtor's  real  estate, 
standing  on  the  records  of  the  county  in  his  name  for  two  years  after  its 
rendition.  .Judgments  in  lower  courts  may  be  made  lien  by  transcript  to 
office  of  clerk  of  district  court. 

Justices  of  the  Peace. — Are  elected  ;  term  of  office  two  years  ;  have 
jurisdiction  of  civil  a(;tions  up  to  three  hundred  dollars  in  their  precincts  : 
and  of  misdcniciUK^rs. 

Landlord  and  Tenant. — J^andlord  has  no  lien  ;  tenant  may  be  dispos- 
sessed by  action  for  uni>aid  rent  that  is  due,  after  notice  of  three  days  to 
pay  the  rent  or  surrender  i)osse.ssion. 


IDAHO  TERRITORY.  215 

Leases. — If  I'or  term  ol"  more  tlian  one  year  must  be  in  writing. 

License. — ^len  carrying  on  mercantile,  saloon,  banking,  i)eddling  busi- 
ness, or  theatre,  must  pay  license.  Attorneys-at-law  pay  license  and  entry 
lee,  twenty-five  dollars. 

Liens. — (See  Jndyinents  ;  ((ho  Afechnnks'  Liens.) 

Limitations  of  Actions  or  Suits. — On  Judgments,  for  mesne  profits  of 
real  estate,  six  years ;  ac-tions  for  possession  of  real  estate,  and  on  contract 
in  writing  five  yeans ;  on  oral  contract  four  years  ;  actions  of  trespass,  to 
lecover  personal  ])i()perty,  and  actions  for  relief  from  fraud,  three  years  ; 
action  against  sheritf.  coroner  or  constable,  for  libel  or  slander,  or  on  boncl 
in  criminal  case,  in  tw(j  years. 

Limited  Partnerships  may  be  formed  by  a  certifi(,uite  duly  signed  by  the 
l)arties,  stating  the  name  and  nature  of  the  partnership  business,  names  and 
residences  of  all  general  and  all  special  partners,  the  capital  r>t'  the  siiecial 
partnei's,  and  duration  of  the  ijartnershi]).  This  must  be  recorded  in  the 
county  recorder's  oflice,  with  an  affidavit  of  each  partner  that  the  amounts 
named  in  the  certificate  have  beevi  paid  in.  Special  partner  is  not  bound  for 
debts  of  the  firm  beyond  his  contribution  to  the  partnei'ship,  and  the  in- 
crease thereof. 

Married  Women. — All  property  owned  by  a  married  woman  at  the  time 
of  marriage,  and  all  thereafter  acquired  by  gift,  devise  or  descent,  remai)i 
her  separate  estate,  of  which  she  shall  file  an  inventory  with  county  recorder. 
Husband  has  management  of  her  property,  and  must  join  in  all  alienations 
of  or  iucund)rances  thereon. 

Mechanics'  Liens. — Are  given  for  labor  and  material  in  construction  or 
repair  of  a  building,  bridge,  road,  ditch,  or  if  used  in  a  mine  ;  sub-con- 
tractors have  thirty,  and  original  contractors  sixty  days,  in  which  to  file 
with  I'ecorder  of  county  notice  and  claim  of  lien,  computing  from  time  of 
completion  of  the  labor  or  contract,  or  furnishing  of  the  materials.  Tiiis 
lien  is  foreclosed  in  district  court,  action  therefor  must  be  instituted  within 
ninety  days  or  the  lien  is  lost. 

Minors. — ^lales  reach  majority  at  twenty-one  years  of  age  ;  females  at 
eigliteen. 

Mortgages  of  Real  Estate. — ]\[ust  be  executed  in  same  manner  as  deeds, 
and  recorded.     Foreclosure  is  by  action  in  district  court. 

Notes  and  Bills  of  Exchange.— ('SV'<'  Bills  of  Exchamje.) 

Oaths  and  Affidavits. — [See  Affldncits  und  Depositions.) 

Partnerships. — Are  not  regulated  by  statute,  save  as  to  special  partner- 
ships.    {See  Limited  Partnerships.) 

Promissory  Notes.— ('S't'c  Bill's  of  Exchdnge.) 

Practice  is  under  code.  The  i)leadings  are  :  complaint,  demurrer  to  com- 
plaint ;  answer,  demurrer  to  answer. 

Proof  of  Claims. — Against  estates,  is  by  oath  of  claimant  that  the  de- 
mand is  justly  due,  and  that  there  are  not  oft-sets  to  knowledge  of  affiant. 
As  to  common  accounts  no  jjj-oof  of  claim  is  needed  in  first  instance. 

Recording. — The  record  of  instruments  duly  executed,  affecting  real  estate, 
is  constructive  notice  of  their  contents.     {See  also  Chattel  Mortcjages.) 


216  IDAHO  TERRITORY. 

Redemption. — Real  estate  sold  on  execution  or  tax  sales  or  on  foreclosure 
of  mortgage,  may  be  redeemed  any  time  during  the  six  months  immediately 
followilig  the  sale.  A  redemption  fee  of  twelve  per  cent,  of  the  purchase 
price  is  added  on  execution  and  foreclosure  sales  ;  fifty  per  cent,  on  tax  sales 
if  redemption  is  after  ninety  days,  twenty-five  per  cent,  if  prior  to  ninety 
days. 

Replevin, — Called  in  the  code  "Claim  and  Delivery."  Plaintiff  must  file 
aflidavit,  alleging  that  he  owns  or  is  entitled  to  possession  of  the  property, 
the  wrongful  detention  and  value  thereof,  and  that  it  has  not  been  taken  for 
taxes,  nor  on  writ  of  execution  or  attachment.  On  this  affidavit  plaintift' 
endorses  direction  to  an  officer  to  take  the  i>roperty,  and  execute  at  same 
time  a  replevin  bond  for  prosecution  of  the  action,  and  return  of  property  to 
defendant  in  event  return  be  adjudged. 

Revision  of  laws  of  Idaho  was  made  in  1887. 

Revivor. — A  claim  barred  by  statute  of  limitations  can  only  be  revived  by 
a  writing  signed  by  the  party  to  be  charged. 

Seal. — Distinctions  between  sealed  and  unsealed  instruments  are  abol- 
ished. A  seal  is  not  essential  on  private  writings,  and  where  required  in 
courts  and  by  public  officials,  an  impression  on  wax  or  paper  is  necessary. 

Security  for  Costs  and  other  Undertakings. — {See  Costs,  Attachment, 
and  lieplevi/t.) 

Stay  of  Execution. — Idaho  has  no  stay-laws.  Pending  appeals,  execu- 
tion may  be  stayed  by  execution  of  bond. 

Suits. — (See  Actions.) 

Supplemental  Proceedings. — A  debtor  may  be  brought  into  court  on 
order  and  required  to  answer  as  to  his  property,  if  execution  against  him 
has  been  returned  unsatisfied  in  whole  or  in  part. 

Taxes, — Assessments  are  made  between  the  second  IVIonday  of  April  and 
second  Monday  of  August.  The  entire  assessment  is  a  lien  on  the  taxpayers 
real  estate.  Taxes  are  delinquent  the  second  Monday  of  December.  Tax 
sales  about  one  month  thereafter.  Time  of  redemption  six  months.  Re- 
demption fee  twenty-five  per  cent,  if  redeemed  in  ninety  days  ;  fifty  per 
cent,  after  ninety  days. 

Trust  Deeds  are  not  used. 

Usury. — {See  Interest.) 

Wages. — (See  Mechanics'  Liens.) 

Wills. — Any  person  of  sound  mind,  over  eighteen  years  of  age  may  make 
a  will.  ISuncupative  wills  allowed.  An  olographic  will  need  not  be  attested. 
Wills  must  be  signed  by  testator  and  attested  by  two  witnesses,  at  least,  if 
not  ologr'apliic. 

Witnesses. — .Vre  obliged  to  attend  court  and  testily  if  served  with 
subptruii,  and  paid  the  statutory  l\'es. 


IDAHO  TERRITORY. 


217 


ATTORNEYS   IN    IDAHO  TERRITORY. 


Bold  Face  Type  denotes  county  seats.       A  clash  (— )  less  than  100  population. 
Figures  after  names  wlien  admitted  to  Bar.        A  star  (*)  Notaries  Public. 
A  double  dagger  (]:)  our  Compiler  of  Laws. 
A  dagger  (t)  former  recommendations  withdrawn. 


PLACK. 

COUNTY. 

NAMES    OF    ATTOIINEYS. 

rOPULA  N 

Albion 

Ca.ssia 

Chas.  Cobb. 

300 

llellevue 

Alturas 

J.  II.  Harris. 

1,000 

Boise  City 

Ada 

J.  W.  Brown. 

:s.ooo 

Challis 

Custer 

N.  J.  Sharp. 

614 

Eagle 

Sho-shone 

(See  Leicistown.) 

— 

Eaulc  Kock 

Bingham 

Stull  &  Winters. 

1,500 

Hailey 

Alturas 

t  KINGSBURY,  '73,  & 

McGOWAK, 

"72.    1,800 

Idaho  City 

Boise 

C,  S.  Kingsley. 

672 

Ketchuni 

Alturas 

Hyudman  &  Batten. 

1,800 

Lewiston 

Nez  Perces 

Jasper  Rand, 

1,200 

Moxint  Idaho 

Idaho 

J.  H.  Forney. 

200 

Malad  City 

Oneida 

J.  M.  McCollum. 

1,.500 

Paris 

Bear  Lake 

R.  S.  Spence. 

611 

Rathdnim 

Kootenai 

J.  Hollman. 

200 

Salmon  City 

Semhi 

Chas.  A.  Wood. 

600 

Silver  City 

Owghee 

C.  M.  Hays. 

593 

Weiser 

Washington 

A.  C.  Mitchell. 

600 

BANKS  IN   IDAHO  TERRITORY. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  of  one 
bank  in  each  county  of  this  territory  in  which  such  a  banking  institution  is  located. 


PLACE. 

Bellevue 

Boise  City 

Delta 

Eagle  Rock 

Ilailey 

Idaho  City 

Ket(lnui\ 

Lexviston 

Malad  City 

]\Ioscow 

^lurray 

Shoshone 

Weiser 


NAME   OF    BANK. 

G  A  McCormick  tt  Co 
First  National  Bank 
Agency  Bank  of  Murray 
Bank  of  Eagle  Rock 
IMcCorniick  &  Co 
Boise  County  Bank 
First  National  Bank 

Malad  City  Bank 
First  National  Bank 
Bank  of  Murray 
Bank  of  Shoshone 
Bank  of  Weiser 


PAID  UP 

CASHIER. 

C.VPITAL. 

J.  H.  Hague. 

John  Huntoon. 

$100,000 

Jno.  S.  Atchison. 

M.  C.  Lenter. 

J.  j\I.  Burkett. 

F.  F.  Church  (Jfanager) 

Thos.  Lavell  (Acting j 

.■)0,000 

J.  H.  Evans. 

50,000 

(Wm.  B.  Theus.) 

W.  W.  Baker. 

50,000 

W.  Ilussey. 

25,000 

C.  A.  Mohrhardt. 

10,000 

B.  W.  Watlington. 


STATE  OF 

ILLINOIS. 

SUMMARY  OF 

Collection    Laws. 


Court  Calendar,  Instructions  for  taking   Depositions,  Legai.  Forms,  Etct 
Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "  Showeiis' 
Legal  Directory  and  Merchants'  Guide."  for  1888,  by 
Simeon  W.  King,  of  thf:  Chicago  Bar. 

Acknowledgments. — Deeds,  mortgages,  etc.,  may  be  acknowledged  as- 
follows  : 

Within  state, — before  a  master  in  chancery,  notaiy  public.  United  States 
commissioner,  circuit  or  county  clerk,  justice  of  the  peace,  or  any  court  of 
record  having  a  seal,  or  any  judge,  justice  or  clerk  of  any  such  court.  When 
taken  before  a  notary  public  or  United  States  commissioner,  it  shall  be  at- 
tested by  his  official  seal ;  when  taken  before  a  court  or  the  clerk  thereof,  it 
shall  be  attested  by  the  seal  of  such  court ;  and  wlien  taken  by  a  justice  of 
the  peace,  there  shall  be  added  the  certificate  of  the  county  clerk,  under  his 
seal  of  office,  that  he  was  a  justice  of  the  peace  in  the  county  at  the  time  of 
taking  the  acknowledgment,  unless  the  justice  of  the  peace  resides  in  the 
county  where  the  lands  mentioned  in  the  instrument  are  situated,  then  nO' 
such  certificate  is  required. 

Within  any  other  of  the  United  States,  before  a  justice  of  the  peace,  notaiy 
pul)lic,  United  States  commissioner,  commissioner  to  take  acknowledgments 
of  deeds,  mayor  of  a  city,  clerk  of  a  county,  or  before  any  judge,  justice  or 
clerk  of  the  supreme  or  any  circuit  or  district  court  of  the  United  States,  or 
any  judge,  justice  or  clerk  of  tlie  supreme,  circuit,  superior  district,  county 
or  common  pleas  court  of  any  of  the  United  States  or  their  territories.  When 
made  before  a  notary  public.  United  States  commissioner,  commissioner  of 
deeds,  mayor  of  a  city,  or  clerk,  it  shall  be  certified  under  his  seal  of  office. 
If  before  a  mayor,  under  the  seal  of  the  city.  If  before  a  ju.stice  of  the 
peace,  there  shall  be  added  the  certificate  of  the  proper  clerk,  under  his  seal 
of  office,  setting  forth  that  he  was  a  justice  of  the  peace  at  the  time  of  mak- 
ing the  same. 

Without  United  States — before  any  court  of  any  republic,  .state,  kingdom, 
or  empire  having  a  seal,  or  any  mayor  or  chief  officer  of  any  city  or  town 
having  a  seal,  or  before  any  minister  or  secretary  of  legation,  or  consul  of 
the  United  States  in  any  foreign  country,  attested  by  his  official  seal,  or  be- 
fore any  officer  authorized  by  tlie  laws  of  such  foreign  country  to  take  ac- 
knowledgments of  conveyances  of  real  estate,  and  to  be  attested  by  the  seal 
of  such  court  or  officer,  if  he  have  one.  And  in  case  it  is  taken  other  than 
before  a  court  of  record,  or  mayor,  or  chief  officer  of  a  town  liaving  a  .seal, 
proof  that  the  officer  taking  such  acknowledgment  was  duly  authorized  by 
the  laws  of  his  country  so  to  do,  shall  accompany  the  certificate  of  such 
acknowledgment. 

till.  1.] 


ILLINOIS.  210- 

Form  of  Acknoidedgment. 

State  ok  ) 

County  of  .      ^  **' 

I  (hero  j^ivc  luiiuo  of  officer  and  official  title)  do  hereby  certify  that  (name 
of  ^^runtor,  and  if  acknowledged  by  wife,  her  name,  and  add  his  wife)  jicr- 
sonally  known  to  me  to  betlie  same  jjcrson  whose  name  is  (or  are)  subscribed 
lo  the  f()ref,'oiHg  instrument,  appeared  before  me  this  day  in  person,  and  ac- 
knowledged that  he  (she  or  tiiey)  signed,  sealed  and  delivered  the  said  in- 
strument as  liis  (her  or  tlieir)  free  and  voluntary  act,  for  tlie  uses  and  pur- 
poses tliereiu  set  forth. 

Given  under  my  hand  and seal,  this day  of 


A.  D.,  18 — .  {Signature  of  officer.)  [skal.] 

Actions. — All  except  local  actions  are  brought  in  the  county  where  tlie  de- 
fendant resides  or  is  found  ;  but  wlien  there  are  several  defendants,  suit  may 
be  brought  where  one  resides,  and  i)rocess  may  then  issue  to  any  other 
county  for  the  other  defendants.  When  the  summons  is  served,  and  tlie 
declaration,  with  bill  of  items,  or  cojiy  of  the  instrument  sueil  on,  is  filed 
ten  days  before  the  commencement  of  tlie  term,  judgment  may  be  recovered 
by  default,  if  the  defendant  fails  to  plead.  An  affidavit,  tiled  with  the  plain- 
tilfs  declaration,  in  a  suit  on  contract  for  the  payment  of  money,  showing- 
the  nature  of  his  demand  and  the  amount  due,  after  allowing  all  just  credits, 
deductions,  and  set-ott's,  will  entitle  him  to  judgment  as  in"  case  of  default, 
unless  the  defendant  or  his  agent  or  attorney,  if  tlie  defendant  is  a  resident 
of  the  county  where  the  suit  is  brought,  and  except  where  an  executor  or 
administrator  defends  on  behalf  of  an  estate,  shall  file  an  affidavit  of  merit 
with  his  plea  as  to  all  or  part  of  plaintiif  s  demand.  In  suits  upon  accounts, 
if  defendant  suffers  default,  such  affidavit  may  be  taken  as  prima  facie  evi- 
dence of  the  amount  due  on  the  account.  Before  justices  of  tlie  peace  when 
a  defendant  appears  and  denies  the  claim  to  which  an  affidavit  of  merit  has 
been  filed,  may  demand  further  evidence  of  such  claim,  and  the  best  evi- 
dence, if  the  defendant  insists  upon  it. 

Administration. —  Of  Estates  of  Deceased  Persons. — Upon  proof  of  will 
before  the  probate  court  the  person  named  in  such  will,  will,  if  he  or  she  be  a 
proper  person,  be  appointed  executor.  If  a  person  knowing  that  he  is  named 
in  a  will  as  executor  must  make  proof  of  the  same  within  thirty  days  or  for- 
feit $20  per  month  until  he  makes  such  proof.  Persons  of  the  age  of  seven- 
teen years  and  of  sound  mind  and  memory  may  be  appointed.  A  married 
woman  may  be  appointed  and  tlie  husband  is  i)ermitted  to  go  her  security  for 
the  faithful  ijerformance  of  the  trust,  as  in  other  cases. 

Form  of  Administrntor' s  Bond. 

Know  all  men  bi/  these  j)resents.  That  we of  the  county  of 

Cook,  and  state  of  Illinois,  are  held  and  firmly  bound  unto  the  peojile  of  the 

state  of  Illinois,  in  the  penal  sum  of  'dollars,  current  money  of  the 

United  States,  which  payment  well  and  truly  to  be  made  and  performed,  we 
and  each  of  us,  bind  ourselves,  our  heirs,  executors  and  administrators,, 
jointly,  severally  and  firmly,  by  these  presents. 

Witness  our  hands  and  seals,  this day  of ,  A.  D.,  188 — . 

TJie  condition  of  the  aboiie  obUgation  is  such.  That  if  the  said ad- 

ministrat — ,  of  all  and  singular  the  goods  and  chattels,  rights  and  credits  of 

,  deceased,  do  make,  or  cause  to  be  made,  a  true  and  perfec't  inventoiy 

of  all  and  singular  the  goods  and  chattels,  rights  and  credits  of  the  said  de- 
ceased, which  shall  come  to  the  hands,  possession,  or  knowledge  of h — 

the  said ,  as  administrat — ,  or  to  the  hands  of  any  i^erson  or  persons  for 

[III.  2.1 


220  ILLINOIS. 

h — ;  and  the  same  so  made,  do  exhibit,  or  cause  to  be  exhibited,  in  the 

probate  court  of  the  said  county  of  Cook,  agreeably  to  law  ;  and  such  goods 
and  chattels,  rights  and  credits,  do  well  and  truly  administer,  according  to 
law,  and  all  the  rest  of  the  said  goods  and  chattels,  rights  and  credits,  which 
shall  be  found  remaining  upon  the  account  of  the  said  administrat — ,  the  same 
being  at  first  examined  and  allowed  by  the  court,  shall  deliver  and  pay  unto 
such  person  or  persons  respectively,  as  may  be  legally  entitled  thereto;  and 
further,  do  make  a  just  and  true  account  of  all  — —  h — ■  actings  and  doings 
therein,  when  thereunto  required  by  tlie  said  court,  and  if  it  shall  appear 
that  any  last  will  and  testament  was  made  by  the  deceased,  and  the  same  be 
proved  in  court,  and  letters  testamentary  or  i)f  administration   be  obtained 

thereon,  and  the  said do,  in  such  case,  on  being  required  thereto,  render 

and  deliver  up  the  letters  of  administration  granted  to h — ,  as  aforesaid, 

and  shall  in  general  do  and  perform  all  other  acts  which  may  at  any  time  be 
required  of h —  by  law,  then  this  obligation  to  be  void  ;  otherwise  to  re- 
main in  full  force  and  virtue. 


-,  [seal]. 


do  solemnly  swear  that will,  well  and  truly  administer  all  and 

singular  the  goods  and  chattels,  rights,  credits,  and  effects  of -,  deceased, 

and  pay  all  justclaims  and  charges  against  h — estate  so  far  as h — 

^oods,  chattels  and  effects  shall  extend,  and  the  law  charge ;  and  that 

will  do  and  perform  all  other  acts  required  of by  law,  to  the  best  of 

— •-  knowledge  and  abilities. 

Subscribed  and  sworn  to  before  me,  THOM.\.S  W.  ~ 
SENNOTT,    Clerk  of  the  Probate  Court   of  Cook 
County,  this day  of ,  A.  D.  188—. 


,  Clerk. 

N.  B. — First  name  of  principal  and  surety  must  be  written  in  full  in  bond 
and  signature,  and  bt>nd  must  be  filled  up  without  interlineation  or  erasure, 
and  residence  of  principal  anil  surety  must  be  given. 

Form  of  Aeknoioledf/mcat  to  Bond. 
State  op  Illinois.      } 


County  ok  Cook.     \ 


ss. 


T, Thomas  W.  Sennott,  Clerk  of  the  Probate  Court  of  Cook  county,  in 

the  state  of  Illinois,  do  hereby  certify,  that 

who  are  each  personally  known  to  me  to  be  the  same  persons  whose  names  are 
subscribed  to  the  foregoing  instrument,  appeared  before  me,  this  day  in  person, 
and  acknowledged  that  they  signed,  sealed,  and  delivered  said  instrument,  as 
their  free  and  voluntary  act,  for  the  uses  and  purposes  therein  set  forth. 

Given  under  my  hand  and  the  seal  of  said  probate  court,  at  any  office  iu 
the  city  of  Chicago,  in  said  county,  this day  of  ,  A.  D.  188 — . 


Clerk  of  the  Probate  Court. 

A  person  may  be  appointed  executor,  Avithout  bond,  if  the  deceased  requests 
it,  but  the  court  may  require  sec^urity,  if  he  shall  see  cause. 

During  the  contest  of  a  will,  an  administrator  may  bo  apitointed  to  collect 
and  preserve  the  estate  of  tiie  decedent. 

Wlto  vKiji  be  appointed  administrator. — Shall  be  granted  to  the  surviving 
husband  or  wife  first,  then  next  of  kin,  then  after  two  months,  creditors  may 
apply  for  letters,  and  after  seventy-five  days,  to  any  person  competent  to 
manage  the  same. 

[111..-}] 


ILLINOIS.  221 

In  all  cases  where  tlie  intostato  is  a  non-resident,  or  is  withont  widow  or 
next  of  kin.  or  creditors,  in  this  state,  antl  leaves  property  within  the  state, 
administration  may  be  fjranted  to  public  administrators  of  the  proper  county. 

Proof  of  death  is  required  in  all  cases.  Person  applying-  for  letters  mu.st 
make  aflfidavit  of  deatli. 

Af5davits. — ^lay  l)e  sworn  to  before  a  justice  of  the  peace,  notary  public. 
United  States  commis.sicmer,  or  any  of  the  clerks  of  courts  of  record,  or  the 
judges  thereof. 

Form  of  Affidavit. 
Statp:  of  IiiLiNOis,      "I 


County  op  .    j 


SK. 


(John  Doc),  of ,  in  the  county  and  state  aforesaid,  being  duly  sworn 

on  oath,  says,  that  he  is  a  member  of  the  fiiiu  of  (Doe  is  Roe),  composed  of 
(Richard  Roe),  and  this  deponent  :  that  (Henry  Iligginsand  James  Brown), 
composing  the  tirm  of  (Iliggins  &  Brown),  of  Chicago,  in  the  stato  of  Illi- 
nois, are  justlj'  indebted  to  the  said  firm  of  (Doe  &  Roe),  in  the  sum  of 

dollars  an<l cents,  for  goods,  wares  and  merchandise,  sold  and  delivered 

by  the  said  (Doe  &  Roe),  to  the  said  (Iliggins  ifc  Brown),  (or  upon  promis- 
sory note,  describing  it),  which  said  sum  of  money  is  now  due  to  the  said 
(Doc  &  Roe,)  from  the  said  (Higjiins  ct  Brown),  after  allowing  to  the  said 
(Iliggins  &  Brown)  all  just  credits,  deductions  and  set-ott's. 

The  foregoing  affidavit  was  subscribed  and  sworn  to  by  the  said ,  be- 
fore me,  on  this  — —  day  of  • ,  A.  D.  18 — .  And  I  certify  that  I  am  duly- 
authorized  by  the  laws  of  the  state  of ,  to  administer  oaths. 

{Signature,  official  title,  and  seal.) 

Aliens. — May  take  by  will,  deed,  or  otherwise,  the  same  as  a  citizen,  and 
tran.smit  to  their  heirs.  His  personal  estate  is  distributed  in  the  same  man- 
ner as  a  natural  bom  citizen. 

Appeals. — May  be  taken  when  either  party  shall  feel  aggrieved  at  the= 
judgment  of  the  court  or  the  verdict  of  the  jury,  from  the  justice  of  the 
peace  to  the  circuit  or  county  courts;  must  file  bond  in  double  the  amount 
in  most  cases. 

May  be  taken  from  any  of  the  courts  of  record  in  this  state,  to  the  supreme 
or  appellate  court. 

Arrest. — When  any  i)crson  shall  bo  about  to  commence  a  suit  before  a  jus- 
tice of  the  peace,  or  any  court  of  record,  in  this  state,  founded  upon  any  spe- 
cialty, bill  or  note,  in  writing,  or  on  a  judgment,  and  in  all  actions  of  cove- 
nant and  account,  or  on  verbal  contracts  or  assumpsits  at  law,  shall  make 
affidavit  that  the  debt  was  fraudulently  contracted,  or  that  the  debtor  has 
concealed,  assigned,  removed,  or  disposed  of  his  ctte(;ts,  with  the  intent  ti> 
defraud  the  plaintiff;  the  defendant  may  be  arrested  and  held  to  bail. 

Where  the  action  results  in  damages  and  malice,  the  gist  of  the  action,  the 
same  jirocess  obtains. 

Assignments. — The  county  court  has  jurisdiction  in  cases  of  valuntary 
assij;nment  for  the  benefit  of  creditors,  which  assignmimts  must  be  duly  ac- 
knowledged and  recorded  in  the  county  where  the  assignor  resides,  or  where 
the  business  has  been  carried  on,  and  in  the  county  or  counties  where  land 
embraced  in  the  assignment,  is  situate.  Assignee  mu.«t  file  bond,  inventory, 
and  valuation,  and  send  notice  by  mail  to  creditors  of  whom  he  shall  be  in- 
formed, to  present  claims  under  oath,  within  three  months  from  publication 
of  notice.  Claims  not  so  presented  do  not  participate  in  dividends  until  after 
the  i)aymcnt  in  full  of  all  claims  properly  presented  and  allowed.  Assignee 
[111."  4.1 


222  ILLINOIS. 

is  required  to  make  equal  dividends  among  creditors  at  the  first  term  of  court, 
after  the  three  mouths  allowed,  and  to  render  a  final  account  within  one  year. 
Eveiy  provision  in  any  assignment  providing  lor  the  payment  of  one  debt  or 
liability  in  preference  to  another,  is  void,  and  all  debts  and  liabilities  within 
the  provisions  of  the  assignment  shall  be  paid  pro  rata  from  the  assets  there- 
of, except  claims  for  wages  of  laborer  or  servant,  earned  within  three  months 
next  preceding  the  makhig  of  such  assignment,  which,  if  allowed,  are  first  paid 
after  costs,  commissions  and  expenses  of  assignment,  to  the  exclusion  of  other 
claims.  Claims. may  be  revised  and  contested  before  the  court,  and  assignee 
is  at  all  times  subject  to  the  order  and  supervision  of  said  court,  or  the  judge 
thereol".  Debtor  may  be  subject  to  examination  touching  his  estate.  No  pro- 
vision is  made  for  the  discharge  of  the  debtor.  All  proceedings  may  de  dis- 
continued upon  the  assent,  in  writing,  of  the  debtor,  and  a  majority  of  the 
credit()rs  in  number  and  amount. 

Attacluneilt. — The  writ  may  issue  out  of  courts  of  record,  on  claims  ex- 
ceeding $20,  when  the  debtor  is  non-resident,  conceals  himself  or  stands  in 
defiance  of  an  officer,  so  that  process  cannot  be  served  upon  him  ;  has  de- 
parted from  this  state  with  the  intention  of  removing  his  effects  therefrom, 
or  if  he  is  about  to  do  so;  where  he  has,  within  two  years  preceding,  fraudu- 
lently conveyed,  assigned,  concealed,  or  disi)osed  of  liis  property,  or  a  part 
thereof,  so  as  to  hinder  or  delay  creditors  ;  where  he  is  about  fraudulently  to 
conceal,  assign,  or  otherwise  dispose  of  liis  property  orettects,  so  as  tohinder 
his  creditors;  or  where  the  debt  sued  for  was  fraudulently  contracted  by 
statements  in  writing  signed  by  the  debtor,  liis  agent  or  attorney.  Before 
the  wi'it  can  issue,  the  plaintiff',  liis  agent  or  attorney,  must  make  affidavit 
to  one  or  more  of  these  facts,  and  give  bonds  with  approved  security,  in  double 
the  anifmnt  of  the  claim  sued  on.  Attachment  writs  may  issue  out  of  jus- 
tices' courts  on  the  same  grounds  on  all  claims  not  exceeding  $200.  Gar- 
nishment process  may  issue  in  cases  of  attachment,  or  on  return  of  execution 
unsatisfied,  but  the  wages  of  any  person  who  is  the  head  of  a  family  and 
resides  witli  the  same,  to  the  amount  of  $50,  are  exempt  therefrom.  Arrest 
on  civil  process  lies  oidy  in  case  of  fraud  on  judgments  in  tort,  or  on  refusal 
of  debtor  to  surrender  his  state  for  benefit  o£  creditors. 

Bankers. — Who  receive  deposits  when  insolvent,  guilty  of  embezzlement  or 
ajiprojuiating  any  funds  of  bank  money  or  bonds,  or  other  i>roperty  dejiosited 
with  him,  to  his  private  iise,  is  guilty  of  larceny. 

A  savings  bank  cannot  loan  money  to  bank  officers,  if  organized  under  the 
laws  of  this  state,  nor  can  they  become  liable  as  guarantor. 

Chattel  Mortgages. — It  is  essential  that  the  chattel  mortgage  be  acknowl- 
edged before  a  justice  of  the  peace,  in  the  town  or  precinct  where  the  mort- 
gagor resides ;  or  if  mortgagor  be  non-resident  at  the  time  of  making  ac- 
knowledgment, then  before  any  officer  authorized  by  law  to  take  acknowledg- 
ment of  deeds.  They  aie  invalid  as  to  third  parties,  if  given  for  longer  than 
two  years.  Neither  are  they  valid  to  third  parties,  if  the  proi^erty  mortgaged 
is  allowed  to  remain  in  possession  of  the  inortgagor,  unless  tlie  mortgage  ex- 
])ressly  provides  tliat  it  shall  so  remain.  The  mortgagee  may  lose  his  lien,  as 
against  third  i)artiies,  if  he  does  not  take  ])ossession  of  the  mortgaged  prop- 
ci-ty  within  twenty-four  hours  after  the  mortgage  is  due.  As  between  the 
)»ai'ties,  a  chattel  mortgage  is  good  if  it  is  mother  acknowledged  nor  re- 
corded. 

Form  of  Arlnoirlcdfjinent  of  CJuittcl  MortyfKjea. 

This  (name  of  insti'umcnt)  was  acknowledged  before  me  by  (name  of 
gi'antor)  (wlien  the  acknowledgment  is  made  by  a  resident,  insert  the  words 
"  and  entered  by  me.")  this day  of .  18 — . 

Witness  nij'  hand  and  seal.  {Novieof  ofpeer.)         [skaI;.] 

Illl.r,.] 


ILLINOIS.  223 

Claims  against  Estates. — Every  administrator  or  exec-utor  must  fix  upon 
a  tcriii  of  court  w  iliiiu  six  moutlis  after  lie  has  qualified  as  such,  fur  the  ad- 
justment of  claims.  Notice  of  said  term  of  court  to  be  published  three  suc- 
cessive weeks,  and  by  ])utting-  up  jjriuted  or  wiitteu  notices  of  the  same  re- 
questing the  claimant  to  present  his  claim  in  writini^  ;  must  be  sworn  to  ; 
may  be  contested  and  trial  had  by  jury.  AVhoevor  may  have  a  claim  ami 
does  not  appear  at  the  teiin  .selected  by  the  executor  or  admiuistratoi',  may 
file  sucli  claim  by  leaving  a  copy,  under  oatli,  with  the  clerk  of  the  court. 

Claims  Classified. — 1.  Funeral  expenses.  2.  "Widows  and  children's  award. 
'4.  Expenses  attending  last  illness,  not  including  physician's  bill.  4.  Debts 
<lue  connnon  st-hool  or  township  fund.  5.  Expenses  of  administration.  (>. 
Trust  money.  7.  All  other  claims,  or  demands  not  filed  within  two  years 
aiv  barred. 

Corporations.- — For  pccuniaiy  profits  may  be  formed  for  any  lawful  pur- 
j)Ose,  except  banking,  insurance,  real  estate,  brokerage,  railroads,  and  loan- 
ing money  as  provided  for  by  chap.  32,  R.  S. 

Foreign  Corporations  may  loan  money  on  same  terms  as  domestic.  Insur- 
ance comi)anies  may  be  oi'ganized  and  foreign  corajjanies  may  do  business  in 
this  state  iipon  filing  a  written  application  under  the  seal  of  the  company, 
signed  by  the  president  and  secretary  thereof,  that  it  will  accept  the  license 
inider  the  laws  of  this  state.  In  the  event  of  litigation  of  claim  under 
policy,  must  litigate  the  same  in  the  courts  of  this  .state,  or  forfeit  license. 
In  all  cases  foreign  coq>orations  are  permitted  to  do  business  in  this  state  by 
subscribing  to  its  laws,  regulating  .such  corporations. 

Costs. — Nim-residents  must  give  security  for  costs  by  deposit  of  the 
amount  of  the  bond,  or  by  some  resident  who  has  imincumbered  real  estate. 

Form  of  Secnrifi/  for   Costa. 

A.  B.    ^ 

VK.       >      (Title  c)l  court.) 
C.   D.    ) 

I  (E.  F.)  do  enter  myself  security  for  costs  which  may  accrue  in  the  above 

cause.     Dated  this day  of ,  A.  D.   18 — . 

(Signed).  . 


Taken  and  ai)proved  by  me.  "1 


this  (lav  of 

A.  D.  18—. 


Clerk. 


Courts. — Terms  and  Jurisdiction  of : 

Circuit  Courts  have  original  jurisdiction  in  all  cases  in  law  and  eiiuily, 
an<l  hohl  two  or  more  terms  in  each  year  in  each  county. 

Countjf  Courts  have  probate  jurisdiction  (except  in  counties  where  probate 
courts  arc  established),  and  have  also  a  limited  civil  and  criminal  jurisdic- 
tion. In  counties  having  a  ])opulation  of  70.000  or  more,  probate  courts  are 
established,  antl  the  jurisdiction  of  the  county  c(»urt  is  also  concurrent  with 
that  of  the  circuit  court,  exce]>t  in  specified  criminal  cases.  Provision  is  made 
foi'  city  courts  of  special  civil  and  criminal  jurisdiction. 

Justices  of  the  Peace  have  jurisdiction  limited  to  $000. 

Appellate  Courts    and   Supreme    Courts   exercise    ai)pellate    jurisdiction. 
C'ook  county  has  a   special    superior  court,  of  jui'isdiction  concurrent  with 
that  of  the  circuit  i-ourt.  and  lias  also  a  special  criminal  court. 
[111.  0.1 


224 


ILLINOIS. 


Court  Calendar.— 

UNITED  STATES  CIRCUIT  COURT. 

Ansociate  Justice  of  Supreme  Court,  John  M.  Harlan,  of  Washington. 

Northern  I>istHct.— Circuit  Judge,  Walter  Q.  Gresham,  of  Chicago.  Clerk,  W  illiam- 
H.  Bradley.     United  States  Commissioner,  Simeon  W.  King,  (Chicago. 

Tcnns.—AX,  Chicago,  regular  terms  1st  M(;nday  .July,  3d  Monday  December.  Ad- 
journed terms,  1st  Mondays  March,  aiay  and  October. 

Southern  District.— Circuit  Judge,  Walter  Q.  Gresham,  of  Chicago.  Ch-rlc,  James  T. 
Jones,  of  Springfield. 

Terms.— Xt  Springtield,  1st  Mondays  of  January  and  June.  At  Cairo,  1st  Mondays, 
of  March  and  October. 

Note.— By  a  recent  Act  of  Congress  a  Branch  Ignited  States  Court  has  been  estat>- 
lished  at  Peoria,  in  the  Northern  District  of  Illinois,  with  Enoch  P.  Sloan,  United 
.States  Deputy  Clerk,  and  Cyrus  Berry,  United  States  Deputy  Marshal.  Terms,  od 
Mondays  of  April  and  October. 

UNITED  STATES  DISTRICT  COURTS. 

Northern  District.— Judge,  Henry  W.  Blodgett,  of  Waukegan.  Attorney,  William 
Q.  Ewing,  Chicago.  C;«-A-,  William  H.  Bradley,  Chicago.  JV/cers/ia/,  Frederick  H. 
Marsh,  of^Oregon  City,  Ogle  County  .      United  States  Commissioner,  Simeon  W.  King. 

Terms.— At  Chicago,  same  as  Circuit  Court. 

Sourthern  District.— J udc/e,  William  J.  Allen,  of  Springfield.  Attorney,  Gustav 
Van  Hnorebeke,  Springfield,  aer/;,  John  A.  Jones,  Springfield.  Marshal,  Herman 
G.  Weber, Springfield.  .  ^,      ^ 

Terms.— AX  Springfield,  1st  Mondays  of  January  iuid  June.  At  Cairo,  IstMondaj's- 
March  and  October. 

PROBATE  COURT  OP  COOK  COUNTV. 

7V>rw.?.— 1st  Monday  of  each  month,  held  at  Chicago. 

SUPERIOR  COURT  OF  COOK  COUNTY. 

Held  at  Chicago  on  the  1st  Monday  of  each  month. 

CIRCUIT  AND  COUNTY  COURTS. 


WHERE  HEIjD  and  WHEN  TERM  COMMENCE. 


County.         County  Seat. 
Adams Quincy 


Cir- 
cuit, 

0 


Alexander. .  .  Cairo  , 


Bond Greenville. 


Boone 
Brown 


Bureau  . 


Calhoun 
Carroll  . 


Belvidere    . 
Mt.  Sterlin-i 


.  Hardin  . .  . 
.  Mt.  Carroll. 


Ca.S8 Virginia  . 

Champaign   .  I'rbana..  . 
Christian..   .  TaylorvilU 


CTark Marshall..  . 

CHay Louisville  . 

Clinton Carlyle  .  .  . 

Coles Charleston 

(.^ook ( 'hicngo    .   . 

(.'rawford  .  .  .  Robinson.  . 
Cumberland.  Toledo..  .  . 
DeKalb ....  Sycamore.  . 

DeWitt  .'  .  .  Clinton.  .   . 


Circuit  Court. 

3d  Mon.  Jan.,  4th  Mon. 
March,  3d  Mon.  May, 
June,  Sept.  and  4th 
Mon.  October 

2d  Mon.  Feb  ,  May,  July, 
3d  Mon.  September  .   . 


3  1st  Mon.  Mar.  and  Sept  . 

12  2d  Mon.  Feb.  and  Sept.  . 

6  4th  Tues.  Feb.,  1st  Tues. 

October  

9     3d  Mon.  Mar.,  4th  Mon. 
Aug.,  1st  Mon.  Dec.  .  . 

7  2d  Mon.  April  and  Oct . 

13  1st  Mon.  Mar.,  3d  Mon. 

June,  3d  Alon.  Nov  .   . 

7      1st  Mon.  April.  .3d  Mon. 

Aug.,  1st  Mon.  Oct .  .   . 

4  4th  Mon.  Sept.,  1st  Mon. 

March 

o      LstMon.Mar.,  last  Mon. 
June,  3d  Mon.  Nov  .   . 

4      3d  Mon.  April  and  Oct.  . 

2  2d  :Mon.  Mar.  and  Sept  . 

3  2d  Mon.  after   1st  Mar. 

and  September 

4  2d  Mon.  -Vpril  and  Nov.. 
3d  Mon.  ofevcrv  month. 

2  1st  Mon.  Maraud  Sept  . 
2  3d  j\Ion.  Feb  and  Aug.  . 
12      3d  Mon.  June,  4th  Mon. 

Oct.  and  Feb 

7      3d  Mon.  Mar.,  4th  Mon. 
Aug.,  1st  Mon.  Dec.  .   . 


County  Court. 


1st  Mon.  Feb.,  June  and 

October. 
2d  Mon.  Mar.,  July  and 

November. 
2d  Mon.  Jan.,  June  and 

November. 
2d  Mon.  Mar.,  June  and 

December. 
2d  Mon.  Jan.  and  June  . 

2d  Mon.  .Ian.,  June  and 

October. 
2d  Mon.  Jan.  and  Aug.  . 

2d  Mon.  Sept.,  Jan.  and 

May. 
3d  Mon.  Jan.  and  July. 

2d  Mon.  Jan.,  May,  Aug. 

and  November. 
2d  Mon.  April, June,  Oct. 

and  December 

2d  Mon.  Jan.,  June  and 

October. 
2d  Mon.  Jan.  and  June. 

2d  Mon.  Feb.  and  Aug. 
2d  Mon.  Mar.  and  Sept. 
2d  Mon.  of  ever.v  month. 
2d  Mon.  Jan.  and  June. 
2d  Mon.  Jan.  and  .Tunc. 

2d  Mon.  Apr.,  July  and 

December. 
2d  Mon.  Jan.  and  June. 

[111.7.] 


ILLINOIS. 


225 


County. 


Douglas   . 
DuPagt! .  .   . 
Edear    .   . 
Kd  wards. . 
Kfringliatn. 
Fayette  .  .   , 


Coxtnty  Seal. 

Tiisc(.la  .  .   .   . 
Wlioaton..  .   . 

Paris 

Alhion  .   .   .   . 

.  EinnsrliaiTi..  . 

N'aiidalia..  .   . 


Ford Paxton 


Franklin  . 
Fulton  .   . 

Gallatin  . 
Greene.  .  . 

Grundy    . 

TTamilton. 
Hancock. . 


Henton..  .   . 
Liewistown. 


citit. 
4 

4 
2 

2 


Circuit  Court. 


Coitnly  Court. 


Shawneetown 
Carrol  lion  . .  . 


^lorris 


,  McLeansb'gh. 
Carthage..  .  . 


Hardin F.lizabethto' n 

Henderson..  .  Oquawka  .  .   . 

Henry  ....  Cambridge  .  . 

Iroquois  ....  Watseka. .  .   . 

Jackson.  .  .   .  Murphysbo'h. 

Jasper  ....  Newton    .  .   . 

Jefferson  .  .   .  Ml.  Vernon.  . 
Jersey Jcrseyville  .  . 

Jo  Daviess  .   .  Galena  .... 


Johnson  ....  Vienna  ...       1 
Kane Geneva  ....      12 


Kankakee  .   .  Kankakee  .   .     H 
Kendall.  .   .   .  Yorkville    .   .      12 


Knox Galesburgh   .     10 

L^ke W'aukegan..  .      12 

I^a  Salle.  .  .   .  Ottawa 9 


Lice 

.  Dixon   .... 

l.i 

Livingston.. 

.  Pontiac.  .   .   . 

11 

Logan  .... 

.  Ivincoln 

7 

McDonougli 

..Macomb..  .   . 

() 

McHenry    . 

.  "Woodstock .  . 

12 

McLean.  .  . 

.  Bloomington. 

11 

Macon  .   .   . 

.  Decatur  .  .   . 

4 

Macoupin  . 

.  Carlinville. .  . 

r, 

Madison  .  .  .  Kdwardsvillo. 
Marion  ....  Salem  .... 
Marshall. .  .   .  Lacon    .... 


[Ill.S.] 


2d  Mon.  April  and  Oct.  .  2d  Mon.  Jan.  and  July. 
;Hd  Mon.  Mar.  and  Sept  .  2d  Mon.  .Ian.  and  June. 
2d  Mon.  iVIar.  and  Sept  .  2d  Mon.  June  and  Dec. 
2d  Mon.  April  and  Nov..  2d  Mon.  Jan.  and  July. 
3d  Alon.  Mar.  and  Oct..  .  2d  jMon.  June  and  Nov. 
3d  Tues.   after  1st  Tues. 

Feb.,  4th  Tuos.  after  .-{d 

Tues.  August 2d  Mon.  June  and  Dec. 

3d  Tues.  Aug.,  1st  Tues. 

April  and  Dec 2d  l^Ion.  Feb.  and  June. 

4th  Mon.  April  and  Oct..  3d  Mon.  Feb.  and  Aug. 
2d  Tues.  Mar.,  8d  Tues. 

Aug..  1st  Tues.  Dec.  .   .    2d  Mon.  May  and  Oct. 
1st  Mon.  Feb.  and  Sept  .    3d  Mon.  April  and  Nov. 
4tb   Mon.  Feb.,  1st  Mon. 

September 2d  Mon.  Dec.  and  .Tune. 

1st  Mon.  Sept.  and  Mar..  2d  Mon.  Jan.,  June  and 

September. 
4th  Mon.  Feb.  and  Sept..  2d  Mon.  Jan.  and  Aug. 
1st  Mon.  Mar.,  June  and 

October 2d  Mon.  April,  Aug.  and 

December. 
1st  Mon.  April,  4th  Mon. 

October 2d  Mon.  Feb  and  Aug. 

1st  Mon.  Mar.,  4tli  Mon. 

August 2d  Mon.  Feb.  and  Oct .  . 

2d  Mon.  Feb.,  June  and 

October 2d  Mon.  April,  Aug.  and 

1st  Tuos.  Mar.  and  Nov.,      December. 

8d  Tues.  June 2d  Mon.  Jan.,  May  and 

4th  Mon.  jNIar.,  2d  Mon.      October. 

Aug  and  Dec 2d  Mon.  Feb.,  May  and 

Sd  Mon.   May,  1st  Mon.      November. 

December 2d  Mon.  Feb.  and  Aug. 

2d  Mon.  May  and  Dec.  .  3d  Mon.  Mar.  and  Sept. 
3d  Mon.  Mar.,  4th  Mon. 

September £d  Mon.  May  and  Dec. 

2d  Mon.  Nov.  and  Feb., 

4th  Mon.  May 2d  Mon,  April,  Dec.  and 

3d  Mon.  Kept. 
1st  Mon.  April  and  Nov.  2d  ;Mon,  Mar.  and  Sept. 
1st  Mon.  Feb.  and  Oct., 

3d  Mon.  April 2d  Mon.  June,  Sept.  and 

1st  Tues.  April  and  Dec,      December. 

3d  Tues.  Sept 2d  Mon.  Feb.,  July  and 

2d  Mon.  May,  4th  Mon.      November. 

.January 2d  Mon.  Mar.,  Sept.  and 

December. 
1st  Mon.  Feb  and  June.  .  2d  Mon.  Apr.,  Aug.  and 
2d  Mon.  Mar.,  1st  Mon.      December. 

November..     2d  Mon.  Jan.  and  June. 

2d  Mon.  Jan.,  Mar.,  June 

and  October 2d   Mon.    May,    and    1st 

Mon.  .Ian.,  Alar.,  Sept. 
and  November. 
1st  Mon.  Feb.  .and  .\ug  .   2d  Mon.  April  and  Oct. 
1st  Mon.  Jan.,  2d  Mon. 

.Vpril,  3d  Mon.  Sept. .  .    2d  Mon.  Dec.  and  .June. 
1st  Tues.  .Tan.  and  May, 

2d  Tues.  Oct 2d  Mon.  Mar.,  June, Sep. 

3d  Mon.  .Tan.,  May  and      and  December. 

September 2d  Mon.  Mar.,  Aug.  and 

2d  Tues.  jMay  and  Sept.,      November. 

1st  Tues.  Fib 2d  Mon.  June  and  Dec. 

2d  Mon.  .Tan.,  4th  Mon. 

May  and  September.  .    2d  Mon.  Mar.  and  Nov. 
1st  Mon.  Feb.,  4th  Mon. 

.\pril,  2d    Mon.    Sept., 

1st  Mon.  Nov 2d  Mon.  April,  Aug.  and 

2d    Mon.  Jan.,   1st  Mon.      December. 

June,  4th  Mon.  Sept..  .    2d   Mon.  Feb.,  July  and 
3d   Mon.  Feb.  and  Sept.,      October. 

1st  M(in.  June 2d  Mon.  April  and  Dec. 

.'id  Nb)n.  Mar.andOct  .   .    2d  Mon.  Feb.  and  Aug. 
2<l  Mon.  Feb.  and  Aug.  .    2d  Mon.  April  and  Nov. 
2d   Mon.  Jan  ,   1st  Mon. 

.Tune  and  October..  .   .    3d  Mon.  April,  and  .\ug. 
November. 


226 


ILLINOIS. 


CounO;.         County  Scat.    /J;/  CircuU  Court.  County  Court. 

Mason  ....  Havana  ...       7     2(1  Mon.  Feb.,  1st  Mon 

Mercer.  .   .   .  Aledo 10     S.xtlTiiZTm  ilon    'l^^r '''''• '  ^"^  ^"'^ 

Monroe.  .  .  .  Waterloo.  .  .  3  3d^^^onf"^ft^r°Tsf '.J^n  ''"o^t""-  •^'^"•'  ''^^  ^^^ 
Montgomery. Hillsborough.      5     7th'Sf^te'r'?st  fues    ^d  Mon.  Jan.  and  June. 

Feb  ,  12th   Tues.  after 

3d  Tues.  August .   .   .  .    2d  Mon.  Jan.,  May  and 

^'""^^'^ laeksonvillo..      7      2d  Mon.  May  and  Nov.  .    Sd^'lv^orS.,  3d   Mon 

Aug.,  1st  Mon.  Dec.  .  .    2d  Mon.  Feb.,  June  and 

reoria Peoria 8      Ist  Mon.  Feb.,  May,  Oct       ^*^^^^^^^'-- 

Perry    .  .    .  .  Pinckneyvre.      3     3d"  M^]?.'Tfter'[st   Mon    ^d^^on.  Jan.  and  April. 

rope  .  .  ;  :  :S^l^^::  :  1'  [^t'^r.XV'^2d%'JS^:  ^^Mon.Jan.and  Aug. 
Pulaski..  .  .Mound  Citv  1  -^dSu^n^^?;;,  o^,^  i  -,  •  •  2d  Mon.  July  and  Dec. 
Pdtnam  .  .  .  Henne'pP^^^  :       I      lft'fc.^i^"ar^,^^tli^fc.  ^'e^emt?-  ""°^  "°<* 

gfc^.l«  ■     cSl^S" i     ^S^IS'^"'!,^*'    'dM^-^TandDec. 

Rock  island -.R'Ssland:     1^     L^t^^^^.^fa"' ^^^^d  ^^  Mon.  Jan.  and  July. 

St.  Clair.  .  .  .  Belleville.  .   .       3     Sd^n^^'b:,  "May  and  '^  ^''''-  M-- J"l>-. ^ov. 
Saline  Harrishnrc.  i      oJ^a?*®'"a^®''  •   •  V^- •     •    2^  Mon.  Mar.,  July.  Nov. 

SanTamon.-.;?p'^r7Sll:.       I      !^l^^l^^:'^ff^,a  ^^  ^o- ^^eb.  and^Aug. 

Schuyler...   .  Rushville.  .   .       6      ^th  T^/es^Aprin-.-id  Tues    ^d^Mo"- April,  July  and 

Shelby.  .  .  .Shelbyville    .       r,      IsVt^^s!  April,  8th  Tues    ^^  Mon.  Feb.  and  Aug. 

Scoft.  Winchester  7      jf  h'^a*'/ '^^  J"^?/ '''''."a  \  '    2d  Mon.  .lan.and  Julv. 

Stark Toulon  '       I      i\J^'''\^^''i}  ""^P^*  •   2cl  Mon.  Feb.  and  Aug. 

sh^l^en.son-.:^?^ipt:  !   !     it     U^S^"^^ ""^ ^Sl^  2d  Mon.  June  and  Del. 

Tazewell.. .  .  Pekin 8     l.st%"n°il^r-Feb:,  2d.  '"oSer"'"^-  ""^^  ""^ 

Mon.  Sept.  and  Nov..  .    2d  Mon.  Jan.,  April  and 

i:e"Si,-,„n-. :  SSr"--"  5  !S  K;  S.,""o''«K,.  ^""™- ««• — "<.- 

3d  Mon.  May 2d  Mon.  April,  Aug.  and 

Wabash.  ...  Mt.  Carmel .  .       2     3d  Mon.  April  and  Nov     2d'Mon  Octohpr 
Warren. .  .  .  Monmouth  .  .     10     1st  Mon.  Jan.,  May  and  October. 

Wa.shington.  .Nashville   .  .  3  2d  M^n°"£S.st  Mon.  ^^  ^^'^^  ^eb.  and  Oct. 

Wavne  Fairfield  o  --K^^- ^^^  ^^^^  ■.     ■  ■  ■  2d  Mon.  Jan.  and  Julv. 

White    '  ■  ■   ■  r?rmi  •   •  I  ?*\¥r""-  ¥''^-  ^"^  <^^"t-  '  2d  Mon.  Jan.  and  Aug. 

*^  °'^® carmi   ....  2  1st  Mon.  Jan.,  June,  Oct. 

M7u;«„„i-i.«       »»       •  and  2d  Mon.  Mar.  .       .    2d  Mon.  Anril  and  Nov 

Whiteside.  .Morrison  ...     13      1st  Mon.   Feb..  2d  Moii.  ''^  ■''^""- ^P"' '^"« -^ov. 

Will                   loliPt  Q      ,  ?^';:j'''^»d  .3d  Mon.  Oct..  2d  Mon.  April,  Sept.  and 

*^  "' Joiiet 9      1st  Mon.  Jan.,   3d  Mon.      Dec 

Willi'imson     Mnvinri  1       ,  ?^",y''^dMon    Sept.  .   .    2d  Mon.  Mar.,July,Sept. 

Williamson  .  Mai  ion  ...   .       i      1st  Mon.  April,  2d  Mon.      and  Nov  •''*'• 

Winnebago.  .  Rockford  ...     13      Is^'MdrViot..-  2d  Mon    '^d"^?"-  ^'''-  ^"^^  ^"^ 

Woodford  .  .  Metamora  .   .       S      id'^io^Xlr.yttU  '^/ov"  ''"■•'  ''''''  ''^'^^ 

December 2d  Mon.  August. 

Curtesy  .-Has  been  aboli.shed  in  this  state.  Husband  takes  of  the  estate 
ot  the  wife,  as  the  wife  of  the  hu.sband,  one-third  of  the  real  estate  as  of 
their  own  right  and  title. 

[111.  9.] 


ILLINOIS.  227 

Deeds. — May  be  executed  before  a  justice  of  the  peace,  notary  public  or 
commissiouer  of  deeds.  It  is  always  better  for  any  one  desiring  to  execute 
deeds  for  foreign,  state  or  territory,  to  have  the  same  done  before  a  commis- 
sioner. 

Form  of  Warranty  Deed. 

The  grantor  (here  insert  the  name  or  names  and  places  of  residence  of), 
for  and  in  consideration  of  (here  insert  consideration)  in  hand  paid,  convey 
and  warrants  to  (liere  insert  the  grantee's  name  or  names)  the  following  de- 

•scribed  real  estate  :   (here  insert  description),  situated  in  the  county  of , 

in  the  state  of  Illinois.     Dated  this day  of ,  A.  D.  18 — . 

(A.  B.)         [SEAi,.] 

Form  of  (^iiit  Claim,   Deed. 

The  grantor  (here  insert  grantor's  name  or  names  and  place  of  residence) 
for  the  consideration  of  (here  insert  consideration),  convey  and  quit  claim  to 
(here  insert  grantees's  name  or  names)  all  interest  in  the  following  described 

real  estate  (here  insert  descrijrtion),  situated  in  the  county  of ,  in  the 

state  of  Illinois.     Dated  this day  of ,  A.  D.  18 — . 

(A.  B.)  [SEAL.] 

Descent. — 1.  To  his  or  her  children  in  equal  paits,  and  to  descendants  of 
"deceased  child  or  grandchildren,  in  equal  parts.  2.  When  the  intestate 
leaves  no  child  or  descendants  of  such  child,  or  widow  or  surviving  husband  : 
1.  Parents.  3.  Brothers  and  sisters  or  their  rej^resentatives,  in  equal  parts. 
3.  When  there  is  a  widow  or  survivivg  husband  and  no  children  or  descen- 
dants, then  such  representation  takes  one-half  of  all  the  pn)perty,  the  real 
estate  being  absolute  in  such  representation.  4.  When  there  is  a  widow  or 
husband  and  also  a  child  or  children  or  descendants,  the  surviving  husband 
•or  widow, shall  receive  absolutely  one-third  personal  and  real  estate.  5.  When 
there  are  no  representatives  in  direct  line,  then  collaterals  may  take.  6.  If 
an  intestate  leaves  a  widow  or  surviving  husband  and  no  kindred  the  estate 
shall  descend  to  such  person  surviving.  7.  If  there  is  no  widow  or  surviv- 
ing husband  or  representative  to  either  of  them,  directly  or  collaterally, 
then  the  estate  escheats  to  the  county. 

Depositions. — May  be  used  in  the  several  courts  of  this  state,  and  may  be 
taken  before  master  in  chancery,  commissioner,  notary  public  or  justice  of 
the  peace.  Depositions  of  resident  or  foreign  witnesses  may  be  taken  and 
read  in  evidence.  When  either  the  parties  to  a  suit  desire  the  testim(my  of  a 
witness,  either  foreign  or  resident,  and  such  witness  resides  more  than  one 
hundred  miles  from  the  place  where  the  court  is  to  be  held,  when  called  in 
such  case  the  opposite  party  is  entitled  to  ten  days'  notice,  if  before  a  justice 
of  the  peace,  then  one  day  additional  for  each  one  hundred  miles. 

Notice  to  take  Depositions  and  Interrogatories. 

State  of  Ilijnois.  } 
County.      S  **' 


Ix  THE  ('ofirr  OF  CorxTY. 

Term,  A.  D.  18—. 


Take  notice.  That  on  the day  of ,  A.  D.  187 — ,  at  ten  o'clock  in 

the  forenoon,  or  as  soon  thereafter  as  counsel  can  be  heard,  the  undersigned 
will  sue  out  of  the  office  of  the  clerk  of  said  court,    a  dedimxH  pofestatem, 
{111.  10.1 


228  ILLINOIS. 

or  commission  under  the  seal  of  said  court,  directed  to Esq.,  of 

the of ,  in  the  county  of ,  and  state  of ,  or  to  any  judge, 

master  in  chancery,  notary  public,  or  justice  of  the  peace  of  the  county  last 

above  mentioned,  to  take  the  deposition — ,  of ,  upon  the  interrogatories 

hereto  attached,  to  be  read  in  evidence  on  the  part  of  the on  the  trial 

of  the  above  entitled  cause  now  pending  in  the  said  court,  on  the 

side  thereof ;  when  and  where  you  can  appear  and  file  cross-interroga- 
tories ;  and  join  in  said  commission,  if  you  wish. 

Dated  this day  of ,  A.  D.  187—. 


for  said . 

hereby  acknowledge  service  of  the  foregoing  notice  and  attachcdl 

interrogatories,  by  a  copy  thereof,  this day  of ,  A,  D.  187 — . 

for  said . 

State  op  Illikois,  ? 
County.  S  *** 

,  being  first  duly  sworn,  deposes  and  says,  that  on  the day  oi" 

,  A.    D.,  187 — ,  he  served  the  foregoing  Notice  and  the  Interrogatories 

hereto  attached,  upon ,  by  leaving  a   true  copy  thereof  with ,  and 

further  says  not.  . 

Subscribed  and  sworn  to,  this day  of ,    > 

A.  D.  187—,  before  me.    ,  \ 

Interrogatories  referred  to  in  the  foregoing  Notice,  and  to  he  answered  h'j 

,  witness —  to  be  produced,  sworn  and  examined,  under  and  by  virtue  of 

the  annexed  commission,  before  ,  esq,,  or  any  judge,  master  in  chan- 
cery, notary  public,  or  justice  of  the  peace  of  the  county  and  state  last  men- 
tioned in   the  within  notice,    in  the  cause  therein  mentioned  and  referred 

to,  and  now   pending  in  the  court  of county,  state  of  Illinois, 

wherein .  on  the  part  and  behalf  of  said as  follows,  to  wit. : 

Interrogatory  first. — State  your  name,  age,  occupation,  and  place  of 
residence. 

Interrogatory  Second. — State  whether  you  know  the  parties  to  this  suit, 
or  either  of  them,  and  if  so,  how  long  have  you  known  them,  or  either  of" 
them,  respectively? 

Form  for  taking,  certifying  and  returning  Depositions. 


The  deposition  of ,  of  the  county  of ,  state  of ,  a  witness  of 

lawful  age,  produced,  sworn,  and  examined  on  his  oath  (or  affirmation)  on 

the day  of ,  A.    D.    18 — ,  at  the   (office  or  house)  of ,  in  the 

(town  or  city)  of ,  in  the  county  of and  state  of ,  by  me, , 

acommissioner  duly  appointed  by  a  dedimus  potestatem,  or  commission  issued 
out  of  the  clerk's  office  of  the court  of  county,  in  the  state  of  Illi- 
nois, bearing  test  in  the  name  of  clerk  of  said  court,  with  the  seal  of 

said  court  affixed  thereto,  and  to  me  directed  as  such  commissioner  for  the 
examination  of  the  said ,  a  witness  in  a  certain  suit  and  matter  in  contro- 
versy, now  pending  and  undetermined  in  the  said court  of county, 

wherein is  plaintiif,  and is  defendant,  in  behalf  of  the  said ,  as 

well  upon  the  cross-interrogatories  of  the  said ,  as  on  the  interrogatorie.s 

of  the  said ,  which  were  attached  to  the  said  commission,  and  upon  none 

others. 

The  said ,  being  by  me  first  duly  swoni  (or  affirmed)  as  a  witness  in 

the  .said  cause  previous  to  the  commencement  of  his  examination,  to  testify 
the  truth,  as  well  on  the  part  of  the  plaintiff  as  the  defendant,  in  relation  to- 

[111.  11.] 


ILLINOIS,  229 

"the  matters  in  controversy  between  the  suul  plaintiff"  and  defendant,  so  far  as 
he  shouhl  be  interrogated,  testitied  and  deposed  as  follows  : 

Interrogatory  first  :  (Here  insert  first  interrogatory.) 
Answer  to  first  interrogatory  :  (Here  insert  answer.) 

•  Form  of  Commissioner^ s  CertificiUe. 

I.  of  the  connty  of and  state  of  ,  a  commissioner  duly  ap- 

p(Mnted  to  take  the  depositions  of  the  said ,  whose  name  is  subscribed  to 

foregoing  deposition,  do  hereby  certify  that  previous  to  the  commencement 

•of  the  examination  of  the  said ,  as  a  witness  in  the  suit  between  the  said 

,  plaintiff,  antl  the  said ,  defendant,  he  was  duly  sworn  by  me,  as  such 

•commissioner,  to  testify  tlie  truth   in  relation  to  the  matters  in  controversy 

between  the  said ,  plaintiff",  and ,  defendant,  so  far  as  he  should  be 

interrogated  concerning  the  same  ;  tliat  the  deposition  was  taken  at  my  office 

in  the  city  of ,  in  the  county  of  ,  and  state  of ,  on  the day 

of  ,  A.  D.  IS — ,  and  that  after  said  deposition  was  taken  by  me  as  afore- 

>;aid,  the   interiDgatories   and  answers  thereto,  as  written  down,  were  read 
over  to  said  witness,  and  that  thereupon  the  same  was  signed  and  swoni  to 

by  the  said  witness,  ,  the  oath  being  administered  by  me  as  such  commis- 

•iiit)ner,  at  the  place  and  on  the  day  and  year  last  aforesaid. 

(Signed,)  .  Commissioner. 

Divorce. — May  be  granted  for  the  following  causes  :  wilful  desertion  for 
the  space  of  two  years  ;  wilful  drunkenness  two  years,  extreme  and  repeated 
cruelty,  attempting  life,  conviction  for  felony  or  adultery  subsequent  to  the 
marriage. 

Residence. — Party  applying  for,  must  have  a  resident  for  at  least  one  whole 
yi-ar  prior  to  the  filing  of  the  bill,  unless  the  injury  complained  of  was  com- 
mitted in  this  state,  or  whiLst  the  i)arties  resided  in  this  state. 

Proceedings. — Must  be  had  in  the  county  where  the  complainant  resides, 
and  may  be  directed  to  any  county  in  the  state. 

Trial  by  jur\'  ;  where  the  defendant  denies  the  bill  filed. 

Alimony  and  Custody  of  the  Children. — The  court  may  make  such  order  as 
they  think  the  circumstances  of  the  case  warrant. 

Dower. — Curtesy  abolished.  The  surviving  husband  or  wife  entitled  to 
one-thinl  part  of  all  the  lands.  Equitable  estates  subject  to  dower.  No 
•dower  as  against  purchase-money,  or  in  lands  held  by  mortgage.  May  be 
birred  by  jointure.  Husband  or  wife  may  renew  the  promises  of  a  will,  and 
cl.tini  dower  untler  tlie  statute.  Dower  may  also  be  barred  by  device,  under 
■certain  conditions. 

Evidence  and.  Depositions. — No  person  can  be  debarred  as  a  witness,  but 
tlie  interest  tiie  witness  may  have  in  the  case,  or  his  or  her  conviction  lor 
crime,  may  be  shown  to  affect  the  credibility  of"  svich  witness. 

Parties  having  evidence  in  their  possession  which  may  be  pertinent  to  the 
issue  in  any  cause,  may  be  compelled  to  jjroduce  the  same  upon  the  hearing 
of  any  cause. 

Printed  and  exemplified  statutes  and  decisions  of  courts,  reports  may  be 
read  as  evidence  of  the  bodies  which  i)roduced  them. 

Certified  copies  of  court  records,  of  cities,  etc.,  certified  to  by  the  clerk 
♦^hereof,  and  of  private  corporate  under  the  hand  of  the  secretary,  clerk, 
t-ashier,  or  other  keeper  of  the  same,  may  be  read  as  evidence,  also  transcrii)t 
of  proceedings  of  justice  of  the  peace.  Such  copies  may  be  sworn  to  by 
credible  witnesses,  also  the  official  certificate  of  register  of  land  office,  as  to 
land  titles,  but  the  original  patent  is  the  best  evidence  of  ownership  of  lands. 

Executions. — May  issue  immediately  after  rendition  of  judgment,  and  to 
any  county  in  the  state.     Executions  issued  out  of  courts  of  record  are  re- 
II1L12.]   . 


230  ILLINOIS. 

tuniable  ia  ninety  days ;  on  justices'  judgments,  in  seventy  days.  Execu- 
tions are  liens  on  personal  property  from  date  of  delivery  of  the  writ  to  sher- 
iff or  other  officer.  Real  estate  can  not  be  levied  upon  or  sold  by  virtue  of 
any  execution  issued  by  the  justice  of  the  peace.  Real  estate  is  sold  on  exe- 
cution -without  appraisement  to  the  highest  bidder  ;  and  if  the  debtor  so  elects, 
his  real  estate  must  be  exhausted  before  his  personal  properti^  can  be  seized 
under  execution  issued  out  of  a  court  of  record.     No  stay  law. 

Real  estate  sold  under  execution  may  be  redeemed  by  the  defendant  within 
twelve  months  after  the  sale,  on  payment  of  the  amount  it  was  sold  for,  with 
eight  per  cent,  interest  and  costs.  If  he  fail  to  redeem  within  such  time,auy 
one  of  his  decree  or  judgment  creditors  may  redeem  after  that,  and  within 
fifteen  mouths  from  the  time  of  the  sale. 

Exemptions. — To  every  household  having  a  family,  a  homestead  valued  at 
$1,000  ;  and  such  exemption  continues  to  the  survivor,  after  the  death  of  the 
husband  or  wife,  so  long  as  he  or  she  occupies  it,  and  to  the  children  until  the 
youngest  is  twenty-one  years  old.  In  addition,  there  is  also  allowed  to  every 
person,  necessary  wearing  apparel,  bibles,  school-books,  family  pictures,  and 
$100  worth  of  other  property,  selected  by  the  debtor.  If  the  debtor  is  the 
head  of  a  family,  and  resides  with  the  same,  he  is  allowed  $300  worth  in  ad- 
dition, to  be  selected  by  him.  But  such  selection  cannot  be  made  from  any 
money  or  wages  due.  Of  wages,  there  are  $50  exempt  to  any  one  who  is  the 
head  of  a  family  residing  with  the  same.  No  exemption  is  allowed  when  the 
debt  is  for  the  wages  of  laborer  or  servant. 

Executors. — {See  Administrators. ) 

False  Pretense. — ^This,  proper,  is  a  misdemeanor,  under  the  statute,  aiuH 
under  certain  circumstances  may  become  a  felony,  where  the  parties  conspire 
to  obtain  any  money,  goods,  or  chattels  by.  An  indictment  for  charging  misr- 
demeanor  cannot  be  quashed. 

Frauds,  Statute  of. — No  action  can  be  brought  to  charge  any  executor  (rr 
administrator  upon  any  special  promise  to  answer  for  any  debt  or  damage* 
out  of  his  own  estate,  or  to  charge  the  defendant  upon  any  special  promise  to 
answer  for  the  debt,  default,  or  miscarriage  of  another  person,  or  upon  any 
agreement  made  upon  consideration  of  marriage,  or  upon  any  agreement  that 
is  not  to  be  performed  within  one  year  from  the  making  thereof,  unless  the 
same  shall  first  be  reduced  to  writing,  or  for  the  sale  of  land,  unless  the  con- 
tract be  in  writing — fraudulent  conveyances  void — also  assignments  or  trans- 
fers of  gift,  grant,  or  charge  upon  real  or  personal  estate. 

Oamishment. — Wages  or  money  to  the  amount  of  $50,  exempt  from. 

Grace. — Three  days  of  grace  allowed  on  promissory  notes,  drafts,  bills  of 
exchange,  unless  the  same  are  payable  on  demand  or  presentment,  and  then  that 
condition  is  absolute. 

Homestead. — $1000  in  lands,  if  resided  upon.  Tlic  debtor  may  leave  with 
the  intention  of  returning  and  not  lose  his  right  of  homestead. 

Insolvent  Laws. — Jurisdiction  of. — County  courts  have  jurisdiction  of  all 
matters  pertaining  to  insolvent  debtors.  In  order  to  be  released  under,  the 
debtor  must  make  a  sworn  schedule,  to  be  passed  upon  by  the  court.  An  in- 
solvent debtor  cannot  be  released  from  his  confinement,  if  the  court  records 
show  that  malice  was  the  gist  of  the  action.  When  a  release  is  applied  for 
the  opposite  party  must  have  notice. 

Interest. — Legal  rate,  six  per  cent.  Contract  in  writing  as  high  as  eightr 
per  cent.     Usury  forfeits  entire  interest. 

tIlLia.J 


ILLINOIS.  231 

Judgments. — Are  a  lien  upou  the  real  estate  of  the  debtor  in  the  county 
•where  rendered  for  seven  years ;  but  all  judgments  rendered  at  the  same 
term  of  court  are  equal.  Should  execution  not  issue  within  one  year,  the  lieu 
ceases  ;  but  an  execution  subsequently  issued  within  the  seven  years  becomes 
a  lien  from  the  time  it  is  delivered  to  the  sheriti".  Though  judgments  cease 
to  be  a  lien  after  seven  years,  they  may  nevertheless  be  revived  within  twenty 
years.  Judgments  may  be  confessed  by  the  debtor  in  person,  or  by  attorney, 
duly  authorized,  either  in  tenn  time  or  vacation,  without  process.  When 
entered  in  vacation,  they  have  like  force  and  etfect  as  if  entered  in  term  time, 
and  are  liens  from  the  date  of  entry. 

Judgments  recovered  in  other  states  are  proved  by  an  exemplification  of 
the  record,  attested  by  the  clerk  and  the  seal  of  the  court  annexed,  if  there 
be  a  seal,  together  with  a  certificate  of  the  judge,  chief  justice,  or  presiding 
magistrate,  that  the  attestation  is  in  due  form. 

Justices  of  the  Peace. — Justices  of  the  peace  liave  jurisdiction  to  the  ex- 
tent of  two  hundred  dollars.  Process  is  returnable  in  from  five  to  fifteen 
days.  It  must  be  served  at  least  three  days  before  the  trial.  When  there  is 
no  defence,  judgment  can  usually  be  had  in  five  days. 

Landlord  and  Tenant. — The  owner  of  lands  or  his  representatives,  may 
rent  in  actions  of  debt  or  assumpsit,  in  any  court  of  competent  jurisdiction. 

Where  there  is  a  wilful  holding  over,  double  rent  may  be  recovered,  or  if 
the  tenant  shall  give  notice  of  intention  to  quit,  and  then  holds  over,  double 
rent  may  be  recovered. 

Notice  to  terminate  the  tenancy  from  year  to  year,  sixty  days  ;  by  the  month, 
thirty  days.  Where  notice  has  been  given  in  either  of  the  foregoing  cases,  no 
further  demand  is  necessary,  and  forcible  detention  or  ejection  may  be  main- 
tained. 

Where  default  has  been  made  in  any  of  the  terms  of  the  lease,  only  ten 
days'  notice  is  necessary.  Where  demand  is  for  rent,  only  five  days'  notice  is 
necessary. 

Liens. — A  judgment  before  a  justice  of  the  peace,  is  a  lien  upon  the  per- 
sonal property  of  a  defendant  from  the  delivery  of  the  execution  issued  there- 
on to  the  constable  ;  and  upon  the  real  property  from  the  date  of  the  filing  of 
a  transcript  of  the  judgment  with  the  clerk  of  the  circuit  court,  A  judg- 
ment of  a  court  of  record  is  a  lien  upon  real  estate,  in  the  county,  from  the 
time  it  is  rendered  or  revived  for  seven  years.  There  is  no  priority  of  lien  of 
judgments  at  the  same  term  of  court,  or  on  same  day  in  vacation.  Judg- 
ment ceases  to  be  a  lien  if  execution  is  not  issued  within  one  year,  but  exe- 
cution may  issue  any  time  after,  within  seven  years,  and  becomes  a  lien  from 
the  time  it  is  delivered  to  the  sheriff  or  other  proper  officer. 

Any  person  who  furnishes  labor  or  material  for  building,  or  repairing,  on 
any  property,  shall  have  a  lien  upon  the  whole  of  such  property,  for  the 
amount  due  him  for  his  labor  or  material. 

Limitations. — In  real  actions,  twenty  years  after  the  right  of  action  ac- 
crues; except  that  seven  years'  residence,  with  connected  title,  deducible  of 
record,  constitutes  good  title  ;  or  seven  years'  actual  possession,  under  claim 
and  color  of  title,  made  in  good  faith,  and  payment  of  all  taxes  legally  as- 
sessed ;  or  seven  years'  payment  of  the  taxes  on  vacant  and  unoccupied  lands, 
under  claim  and  color  of  title  made  in  good  faith,  constitutes  ownership  to 
the  extent,  and  according  to  the  purport,  of  the  paper  title.  But  if  the  per- 
son having  better  title  pays  the  taxes  one  year  of  the  seven,  it  prevents  the 
operation  of  the  two  last  clauses  ;  and,  in  case  of  minors,  insane  or  impris- 
oned persons,  femmes  covert,  non-resident  employees  of  the  United  States  and 
of  this  state,  said  two  clauses  are  inoperative,  provided  suit  is  commenced 
within  three  years  after  the  said  several  disabilities  are  removed  and  prose- 
cuted to  judgment ;  or,  in  case  of  vacant  or  unoccupied  land,  provided  pay- 


232  ILLINOIS. 

ment  be  made  within  three  years  to  the  person  who  has  paid  the  same  of  all 
taxes,  with  twelve  per  cent,  interest.  Judgments  recovered  in  this  state  may- 
be revived  within  twenty  years.  In  actions  on  bonds,  notes,  bills,  written 
leases,  written  contracts,  or  other  evidences  of  indebtedness  in  writing,  and 
for  foreclosure  of  mortgages,  ten  years  after  the  cause  of  action  accrued,  or 
after  a  payment,  or  a  new  promise  made  thereon  in  writing.  In  actions  on 
unwritten  contracts,  awards  of  arbitration,  or  for  injury  to  property,  real  or 
personal,  or  to  recover  possession  of  personal  property,  and  all  civil  actions 
not  otherwise  provided  for,  five  years  after  the  cause  of  action  accrued.  In 
actions  for  injury  to  the  person,  false  imprisonment,  or  malicious  prosecu- 
tion, two  years.  For  libel  or  slander,  one  year.  Actions  barred  by  the  laws 
of  the  state  where  the  same  arose  can  not  be  maintained  in  this  state.  If 
the  debtor  is  out  of  the  state  when  the  cause  of  action  accrues,  the  action 
may  l)e  brought  within  the  time  limited  after  his  return  ;  and  if  he  departs 
from  and  resides  out  of  the  state  after  the  cause  of  action  accrues,  the  time 
of  his  absence  is  not  included. 

Limited  Partnerships. — May  bo  formed  tinder  the  laws  of  this  state. 
Persons  desiring  to  form  such  a  partnership  must  sign  a  certificate  setting 
forth  the  name  of  the  firm,  business,  names  of  general  and  special  partners, 
and  distinguishing  them  ;  the  amount  of  stock  of  each  special  partner  and 
their  several  places  of  residence  of  each  partner ;  the  period  at  which  such 
partnership  will  terminate,  and  the  terras  upon  which  such  partnership  may 
be  dissolved.  Certificate  may  be  acknowledged  by  proper  authority  and  the 
same  must  be  recorded  in  the  county  in  which  one  of  the  principal  places  of 
business  is  located.  At  the  time  of  filing  the  original  certificate  and  affida- 
vit of  one  of  the  general  jmrtners  it  is  necessary  to  be  filed  in  the  same  office, 
that  the  property  and  money  specified  in  the  certificate  has  been  contracted 
in  good  faith,  must  be  i)ublished.  May  be  renewed.  Business  must  be 
conducted  under  a  firm  of  which  the  general  partners  shall  only  be  men- 
tioned. If  any  special  partner  allows  his  name  to  be  so  used,  he  shall  be 
deemed  a  general  partner. 

Married  Women. — A  married  woman  may  own  in  her  own  right,  real  and 
personal  property,  obtained  by  descent,  gift  or  purchase,  and  manage,  sell 
and  convey  the  same  to  the  same  extent  and  in  the  same  manner  tliat  the 
husband  can  property  belonging  to  him.  But,  when  husband  and  wife  live 
together,  no  transfer  of  chattels  between  them  is  valid  as  against  third  per- 
sons, unless  such  transfer  is  in  writing  and  acknowledged  and  recorded.  A 
married  woman  may  sue  and  be  sued ;  she  is  alone  liable  for  civil  injuries 
committed  by  her.  Her  contracts  and  liabilities  may  be  enforced  against  her 
the  same  as  if  she  were  unmarried  ;  she  may  buy  goods,  give  notes  in  set- 
tlement, etc.,  but  she  cannot  enter  into  any  co-partnership  business  without 
the  assent  of  her  husband.  She  may  control  her  own  earnings,  but  neither 
husband  nor  wife  is  entitled  to  compensation  for  services  rendered  the  other. 
Neither  is  liable  fortlie  debts  of  the  other  incurred  either  before  or  after 
marriage,  except  tliat  the  i)roperty  of  both  husband  and  wife  is  chargeable 
with  the  expenses  of  the  family  and  the  education  of  the  children.  In  case 
husband  or  wife  abandons  the  other  for  one  year,  without  providing  for  the 
support  of  the  family,  or  is  imprisoned,  the  court  may  authorize  the  other  to 
manage  and  control  the  absentee's  property,  and  to  subject  the  same  to  the 
support  of  the  family,  and  of  the  payment  of  debts  of  the  absentee.  A  mar- 
ried woman  who,  without  her  fault,  lives  apart  from  her  husband,  hasher 
remedy  in  efiuity  in  her  own  name  against  her  husband  for  a  reasonable  sup- 
port, reference  being  had  to  the  condition  in  life  of  the  parties,  etc.;  and  the 
(^ourt  may  grant  allowance  to  enable  tlie  wife  to  ])rosecnte  her  suit.  A  mar- 
ried woman  may  make  a  will  the  same  as  if  she  were  sole.  Women  attain 
majority  at  eighteen.  The  estate  of  curtesy  is  abolished,  and  the  surviving 
husband  or  wife  is  endowed  of  the  third  part  of  all  the  lands  whereof  the 
deceased  was  seized  of  an  estate  of  inheritance  at  any  time  during  the  mar- 

[TU.  15.[ 


ILLINOIS.  233 

riage,  uuk'ss  rcliiuiuishecl  in  legal  form.  Equitable  estates  are  subject  to 
Kucli  (lowt  r,  and  all  ii'al  estate  contracted  for  by  the  deceased  during  life,  the 
title  to  which  may  be  conipletetl  after  decease. 

Mechanics'  Liens.— (<S'ee  Liens. j 

Morgages. — Mortgages  on  real  estate  are  executed  and  acknowledged  the 
•same  as  deeds,  husbaiul  or  wife  being  required  to  join  to  bar  dower,  except 
in  mortgages  to  sei-ure  i)urchase  nicnicy,  in  which  case  the  instninient  should 
recite  that  it  is  for  purchase  money.  Under  an  act  in  force,  July  1,  187!),  no 
real  estate  within  the  state  shall  be  sold  by  virtue  of  any  power  of  sale  con- 
tained in  any  moitgage,  trust  deed  or  other  conveyance  in  the  nature  of  a 
mortgage,  execute<l  after  the  taking  effect  of  said  act ;  but  all  such  instru- 
ments must  be  f.Meclosed  by  judicial  proceedings. 

Form  of  Mortgage  of  Real  Estate. 

The  mortgagor  (name),  mortgages  and  warrants  to  (name),  secure  the 
payment  of  (here  nature  and  amount  of  indebtedness,  showing  when  due, 
rate  of  interest,  and  whether  secured  by  note  or  otherwise)  the   following 

real  estate  (here   insert  description),  situated  in  the  county  of  ,  in  the 

state  of  Illinois. 

Dated  this ■  day  of ,  A.  D.  18—. 

(A.    B.)  [SEAL.] 

Notes  and  Bills  of  Exchange. — Any  bill  of  exchange,  payable  out  of  the 
United  States,  that  is  protested  for  non-acceptance  or  non-payment,  and  due 
notice  is  given  to  the  drawer  or  endorser  of  the  same,  he  shall  pay  the 
bill,  with  legal  interest  from  the  time  it  ought  to  have  been  paid,  costs  and 
•charges  of  protest,  and  ten  per  cent,  damages  in  addition. 

Any  bill  payable  within  the  United  States,  being  protested  and  notice 
given  to  the  drawer  orindorser,  he  shall  jjay  the  bill,  with  interest  and  costs, 
and  if  suit  is  brought  on  the  bill,  five  i)er  cent,  damages  in  addition. 

Notes  made  payable  to  any  person  as  payee  therein,  may  be  assigned  by 
indorsement  thereon  of  such  person,  or  his  assignees.  Such  assignee  may 
institute  and  maintain  an  action  for  the  recovery  thereof,  in  his  own  name. 

Oaths. — In  all  courts  the  judges,  clerks,  masters  in  chancery,  secretary  of 
state,  police  magistrates,  notaries  public,'  have  power  to  administer  oaths. 

Proof  of  Claims. — {See  Executors  and  Administrators.) 

Recording. — Is  given  to  the  clerk  of  the  circuit  court  in  counties  of  the 
tirst  and  second  class,  except  in  Cook  county  where  there  is  a  separate  office 
■established  by  law,  known  as  the  recorder  of  deeds.  Chattel  moitgages 
must  be  recorded  on  the  docket  kept  for  that  purpose,  by  the  nearest  justice, 
where  the  property  is  situated,  if  in  the  same  town  no  distinction  is  made  as 
to  distance.  Must  also  be  recorded  by  the  general  recording  officer  of  the 
<;ounty.  Wlien  any  recorded  instrument  lias  been  destroyed  by  fire  a  certi- 
lied  copy  may  be  obtained  by  applying  to  the  officer  who  recorded  the  same. 

Replevin. — When  goods  have  btn-n  wrongfully  detained  or  distrained  may 
be  recovered  in  an  action  of  replevin,  before  a  justice,  if  the  value  of  the 
property  so  replevined  does  not  exceed  $200.  ]\Iust  make  affidavit  setting 
forth  the  fact  that  such  property  has  been  wrongfully  detained  or  taken 
away,  and  furnish  Ixmd  in  double  the  value.  Will  not  lie  as  against  an  at- 
tachment or  execution  unless  such  property  is  exempt  by  law.  May  be 
brought  in  any  county  where  the  goods  may  be  found.  Affidavit  may  be 
made  on  information  and  belief.  If  sheriff  or  other  officer  fails  to  take  and 
return  the  bond,  or  takes  an  insufficient  bond  they  will  be  held  lialile  on  offi- 
♦cial  bond,  but  not  after  three  years. 
[111.  16.] 


234  ILLINOIS. 

Revenue. — The  following  property  may  be  taxed:  Real  and  personal 
property,  moneys,  bonds  and  stocks,  credits  and  other  investments,  shares  la 
incorporated  companies  and  associations  for  profit,  and  all  personal  property 
in  transitu  owned  by  persons  in  this  state,  shares  of  capital  stock  of  bank». 
and  banking  companies.     All  property  assessed  at  a  fair  cash  value. 

Seal. — Clerks  of  courts  of  record,  notaries  public  and  commissioners  of 
deeds,  must  provide  themselves  with  a  proper  seal,  while  masters  in  chancery 
and  justices  of  the  peace  are  not  directed  by  law  to  have  a  seal.  The  county 
clerk  may  furnish  a  certificate  as  to  the  standing  of  any  elective  or  appoint- 
ive officer  in  this  state. 

Security  for  Costs.— (5ee  Actions.) 

Stay  of  Execution. — There  is  no  stay  law.  The  only  manner  in  generar 
in  which  executions  can  be  stayed  is  by  an  appeal.  If  the  appeal  is  taken 
for  delay,  the  supreme  court  may  assess  damages  not  exceeding  ten  per  cent. 
Every  court  has  jurisdiction  to  stay  proceedings  under  its  own  executions,, 
issued  irregularly  or  informally,  or  upon  a  judgment  already  paid.  (Hurd,, 
841,  842.)     See,  also.  Executions. 

Taxes. — {See  Revenue.) 

Trust  Deeds. — No  person  shall  commence  an  action  or  make  a  sale  to 
foreclose  any  mortgage  or  deed  of  trust  in  the  nature  of  a  mortgage,  unless, 
within  ten  years  after  the  right  of  action  or  right  to  make  such  sale  accrues. 
No  decree  of  strict  foreclosure  shall  be  made  upon  any  such  mortgage,  but 
redemption  shall  be  allowed  as  is  now  provided  by  law  in  cases  of  sales, 
under  executions  upon  common  law  judgments. 

Usury. — (.See  Interest.) 

Wages. — (See  Exemptions.) 

"Wills. — (.See  Executors  and  Administrators.) 

Witnesses. — (See  Evidence  and  Depositions.) 


(111.  17.] 


ILLINOIS. 


23& 


ATTORNEYS    IN    ILLINOIS. 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  population. 
Figures  after  names  when  admitted  to  the  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (t)  our  Compiler  of  Laws. 
A  dagger  (t)  former  recommendations  withdrawn. 


PLACE. 

COUNTY. 

KAMES   OF  ATTORNEYS. 

popula'n. 

Albion 

Edwards 

H.  J.  Strawn. 

1,000' 

Aledo 

Mercer 

Bassett  &  Wharton. 

1,492 

Altamont 

Effingham 

W.  S.  Holmes. 

1,100- 

Alton 

Madison 

J.  H.  Yaeger. 

12,000- 

Amboy 

Lee 

B.  H.  Truesdell. 

3,000 

Anna 

Union 

W.  C.  Moreland. 

2,05a 

Areola 

Douglas 

F.  E.  Wright. 

1,515 

Arlington 

Bureau 

S.  P.  Prescott,  '70. 

447 

Ashley- 

Washington 

A.  H.  Carter. 

1,200 

Astoria 

Fulton 

C.  R.  Campbell. 

1,280- 

Assumption 

Christian 

•Tames  M.  Birce. 

1,000 

Atlanta 

Logan 

J.  L.  Bevan. 

1,368 

Augusta 

Hancock 

W.  H.  Mead. 

1,016 

Aurora 

Kane 

N.  J.  Aldrich. 

11,875 

Barry 

Pike 

J.  L.  Underwood. 

1,392 

Batavia 

Kane 

Thomas  C.  Moore. 

2,641 

Beardstown 

Cass 

Whitlock,  Mills  &  McCIu 

re.       3,136 

Belleville 

St.  Clair 

Dill  &  Shaeffer. 

15,000- 

Belvidere 

Boone 

Chas.  E.  Fuller. 

4,000 

Bement 

Piatt 

W.  G.  Cloyd. 

1,500 

Benton 

Franklin 

D.  M.  Browning. 

1,200 

Blandinville 

McDonough 

Chas.  Hume. 

1,250. 

Bloomington.       McLean  County.       Population,  17,184. 

EDWARD  E.  DONNELLY,  217  N.  Main  St. 

Notary  Public — Depositions  and  Commercial  Reports. 
BROCK  &  HOLLY. 
f  John  Stapleton. 


Braidwood 

Brighton 

Buda 

Bunker  Hill 

Bushnell 

Cairo 

Cambridge 

Canton 

Carbondale 

Carlinville 

Carlyle 

Canni 

Carrollton 


Will 

Wm.  Mooney. 

5,524 

Macoupin 

D.  D.  Goodell. 

1,000 

Bureau 

.Tesse  Emerson. 

1,500 

Macoupin 

E.  W.  Hayes. 

1,700 

McDonough 

Barnes  &  Dougherty. 

2,740 

Alexander 

ALBERT  SMITH,  '82. 

11,000 

Henry 

J.  P.  Hand. 

1,500 

Fulton 

D.  Abbott. 

4,000 

Jackson 

I.  Clements. 

3,000 

Macoupin 

Anderson  &  Bell. 

4,000- 

Clinton 

G.  Van  Hoorebecke. 

2,300 

White 

.1.  R.  Williams. 

8,200 

Greene 

II.  C.  Withers. 

2,100 

:236 

ILLINOIS. 

PLACE. 

COUNTY. 

NAMES  OP    ATTORNEYS, 

.   popula'k. 

•Carterville 

Williamson 

J.  M.  Washburn. 

1,000 

'Carthage 

Hancock 

Mack  &  Baird. 

1,800 

Oentralia 

Marion 

E.  L.  Stoker. 

5,000 

CJhampaign 

Champaign 

G.  W.  Gere. 

5,106 

'Charleston 

Coles 

Wiley  &  Neal. 

2,870 

diebause 

Iroquois 

Hon.  T.  S.  Sawyer. 

1,000 

Ohenoa 

McLean 

J.  Lynch. 

1,036 

^Chester 

Randolph 

A.  G.  Gordon. 

3,000 

Chicago 

1.            Cook  County 

Population,  503, 

353. 

BRAHAM,  GEORGE,  '76,  Room  23  Times  Building. 

Boisot,  Jr.,  Louis,  '79,  108  Dearborn  St. 

Crawford,  Frank  J.,  180  Clark  St.,  Rooms  17  and  19. 

See  Card  in  Appendix,  page  vi. 

FRY  &  BABB,  84  La  Salle  St. 
Fry,  Geo.  C. 
Babb,  Jas.  E. 

See  Card  in  Appendix,  page  vi. 

HENDRICKS,  JOHN  C,    '79,   (Notary  Public— Depositions 

taken),  162  Washington  St. 
Hoyne,  PMlip  A.,*  52  and  53  New  Government  Building, 

See  Card  in  Appendix,  page  vii. 

X  King,  Simeon  W.,*  164  Dearborn  St. 

See  Card  in  Appendix,  page  viii. 

Lyons,  Eobert  L.,  172  La  Salle  St. 

See  Card  in  Appejidix,  page  viXi. 

RAINEY,  W.  G.,  '65,  218  La  Salle  St. 
Russell,*  F.  C,  '61,  150  W.  Madison  St. 
See  Card  in  Appendix,  page  viii. 

STEIN,  SYDNEY,  '86,  170  Washington  St. 

Thornton,  Chas.  S.,  '73,  (Real  Estate  Litigation  a  specialty), 

143  La  Salle  St. 
WHITCOMB,  GEO.  P.,  '55,  41  Clark  St. 
f  Brookins,A.,  40  Dearborn  St. 
\Donlin,  W.  J.,  81  Clark  St. 
f  Ooin,  F.  II.,  Illinois  Bank  Building, 
i  Latham,  Jas.  F.,  162  La  Salle  St. 
•f  March,  C.  C,  53  Dearborn  St. 
f  Bexford,  H.  L.,  907  Opera  House  Building, 
f  Robinson,  M.  S.,  95  Dearborn  St. 
f  Wilson,  J.  E.,  146  Dearborn  St. 


'Clinton 

DeWitt 

Oolchester 

McDonough 

OoUinsville 

Madison 

Cuba 

Fulton 

Danville 

Vermillion 

Decatur 

Macon 

De  Kalb 

De  Kalb 

Dixon 

Lee 

Du  Quoin 

Perry 

Earlville 

La  Salle 

East  St.  Louis 

St;  Clair 

Edwardsville 

Madison 

Effingham 

Effingham    ' 

Moore  &  Warner. 

L.  G.  Reid. 

A.  Neustadt. 

P.  W.  Gallagher. 

O.  A.  McFARLAND,  '80. 

R.  B.  SMITH,  '83, 

W.  A.  Young.  '67 

Crea  &  Ewing. 

f  II.  Pasco. 

E.  B.  Gilbert. 

Crabtree  &  Dixon. 

Hon.  Geo.  W.  Wall. 

J.  W.  Browne; 

Alex.  Flanigan. 

Burroughs  &  Warnock. 

John  C.  White. 


2,710 
2,000 
2.889 
1,500 

7,730 


9,548 

3,000 
5,000 
3,000 
1,200 
13,000 
2,889 
4.00T 


ILLINOIS. 

237r 

PI^ACE. 

COUNTY. 

NAMES   OF   ATTORNEYS.      POPUI.A'n. 

Elgin 

Kane 

<  CHARLES  H.  FISHER. 
I      Ref.,  1st  Nat.  B'k  of  Elg 

in.   8.<8a^ 

Elizabethtown 

Hardin 

L.  F.  Plater. 

484 

El  Paso 

Woodford 

Hon.  W.  S.  Gibson. 

i,r)On' 

Eureka 

Woodford 

B.  D.  Meek. 

1,600 

Fairfield 

Wayne 

Robinson  &  Johns. 

3,000 

Farmer  City 

De  Witte 

GEORGE  W.  HERRICK, 

'64. 1,280 

Farmington 

Fulton 

J.  W.  Kriger. 

1,500- 

Flora 

Clay 

Refus  Cope. 

1,500 

Freeport 

Stephenson 

James  J.  Neff. 

12,000 

Fulton 

Whiteside 

James  McCoy. 

1,950^ 

Galena 

Jo  Daviess 

David  Sheean. 

8,023: 

Galesburgh 

Knox 

RANSOM  C.  HUNT,  '66. 

ll,44r> 

Galva 

Henry 

J.  W.  Olson. 

3,025^ 

Geneseo 

Henry 

Geo.  E.  Wait. 

4,000 

Geneva 

Kane 

J.  H.  Maybome. 

1,300 

Gibson 

Ford 

A.  L.  Phillips. 

1,300- 

Gilman 

Iroquois 

S.  S.  Cone. 

1,22» 

Girard 

Macoupin 

J.  T.  McConnell. 

2,000 

Golconda 

Pope 

Ro.se  &  Sloan. 

1,40(V 

Grayville 

White 

Thos.  G.  Parker. 

1.600 

Greenfield 

Greene 

W.  M.  Wallace. 

1,085 

Greenup 

Cumberland 

W.  H.  McDonald. 

1,200 

Greenville 

Bond 

W.  A.  Northcott. 

2,500 

Griggsville 

Pike 

P.  T.  Staats. 

1,515- 

Hamilton 

Hancock 

G.  A.  Hawley. 

1,026 

Hardin 

Calhoun 

F.  M.  Greathouse. 

500 

Harrisburgh 

Saline 

Parrish  &  Parrish. 

2,000 

Haward 

McHenry 

A.  N.  Young. 

1,607 

Havana 

Mason 

Boyer  &  Choisser. 

2,118 

Hennepin 

Putnam 

W.  H.  Casson. 

263 

Henry 

Marshall 

F.  S.  Potter. 

2,500 

Hillsborough 

Montgomery 

Hon.  Amos  Miller. 

2,000^ 

Homer 

Champaign 

R.  C.  Wright. 

1,000 

Hoopeston 

Vermillion 

J.  H.  Dyer. 

1,700 

Jacksonville 

Morgan 

Henry  Stryker. 

13,500 

Jerseyville 

Jersey 

A.  O.  Snediker. 

3,500 

Joliet 

Will 

J.  S.  REYNOLDS,  '80. 

16,65J> 

Jonesborough 

Union 

Hon.  Jesse  Ware. 

1,000 

Kampsville 

Calhoun 

John  H.  Churchman. 

240 

Kankakee 

Kankakee 

P.  Bonfield. 

5,975 

Kansas 

Edgar 

E.  G.  Rose. 

1,000 

Kewanee 

Henry 

Chas.  K.  Ladd. 

4,500 

Kinmundy 

Marion 

John  T.  Donovan. 

1,09ft 

Knoxville 

Knox 

Z.  Cooley. 

2,000 

Lacon 

Marshall 

Bums  &  Ong. 

2,500 

La  Salle 

La  Salle 

Duncan  &  C^Connor. 

8,700 

Lawrenceville 

Lawrence 

C.  J.  Borden. 

1,000 

Lebanon 

St.  Clair 

Henry  H.  Homer. 

2,125^ 

Lena 

Stephenson 

Andrew  Hinds. 

1,520 

Le  Roy 

McLean 

John  M.  Stitwell. 

1,068 

Lewistown 

Fulton 

Gray  &  Waggener. 

2,000 

Lincoln 

Logan 

Oscar  Allen. 

5,639 

Litchfield 

Montgomery 

Southworth  «fe  Attcbury. 

5,500 

Lockport 

Will 

W.  S.  Myers. 

2,500 

Louisville 

Clay 

J.  A.  Barnes. 

600 

McLeansborough 

Hamilton 

T.  B.  Stello.. 

2,000 

Macomb 

McDonough 

D.  G.  Tunnicliff. 

4,000 

Marengo 

McHenry 

A.  B.  Coon,  Jr. 

2,000« 

Marion 

Williamson 

George  W.  Young.. 

1.000. 

238 


ILLINOIS. 


PLACE. 

Marseilles 
Marsliall 

Mascontah 
Mason  City 

Mattoon 

Meiidota 

Metamora 

-Metropolis  City 

Minonk 

Moline 

Momence 

Monmouth 

Monticello 

Morris 

Morrison 

Mound  City 

Mt.  Carmel 

Mt.  Carroll 

Mt.  Morris 

Mt.  Pulaski 

Mt.  Sterling 

Mt.  Vernon 

Murphrysborough 

Najjerville 

Ilashville 

Nauvoo 

INewton 

Nokomi.s 

Olney 

Onarga 

Oquawka 

Oregon 

Ottawa 

Pana 

Paris 

Paxton 
Pekin 


Peoria 


La  Salle 
Clark 
St.  Clair 
Mason 

Coles 

La  Salle 

Woodford 

Massac 

Woodford 

Rock  Island 

Kankakee 

Warren 

Piatt 

Grundy 

Whiteside 

Pulaski 

Wabash 

Carroll 

Ogle 

Logan 

Brown 

Jefferson 

Jackson 

Du  Page 

Washington 

Hancock 

Jasper 

Montgomery 

Richland 

Iroquois 

Henderson 

Ogle 

La  Salle 

Christian 

Edgar 

Ford 
Tazewell 


Peoria 


Peru 

La  Salle 

Petersburgh 

Menard 

Pinckneyville 

Perry 

Pittsfield 

Pike 

Piano 

Kendall 

Polo 

Ogle 

Pontiac 

Livingston 

Princeton 

Bureau 

Prophetstown 

Whiteside 

Quincy 

Adams 

Red  Bud 

Randolph 

Bobinson 

Crawford 

Rochelle 

Ogle 

Hockford 

Winnebago 

NAMES  OP  ATTORNEYS.  POPULA'N 

W.  A.  Morey.  1,882 

Golden  &  Hamill.  2,000 

Frank  Perrin.  2,800 

George  Elle berry.  1,714 

i  f  Francis  A.  Allison.  _  _  .„ 

(  Hon.  Chas.  Bennett.  ^'  '^ 

L.  B.  Crooker.  4,056 

C.  H.  Chitty.  828 

J.  F.  McCartney.  4,000 

M.  J.  Newell.  1,914 

Browning  &  Entrikin.  9,000 

B.  F.  Gray.  1,037 
J.  R.  Hanna.  6,000 
Samuel  R.  Reed.  2,000 
E.  SANFORD.  5,000 
W.  J.  McCoy.  1,982 
Hon.  H.  M.  Smith.  2,100 
M.  F.  Landes.  2,500 
G.  L.  Hoffman.  1,786 
R.  Q.  Allen.  1,500 
A.  G.  Jones.  1,127 
Hon.  J.  J.  McDownold.  1,500 
Chas.  H.  Patton.  3,000 
R.  J.  Stephens.  3  500 
H.  H.  Cody  &  Son.  2,047 
H.  H,  Hosmer.  3,000 
GEO.  ALEX.  RITTER, '70.  1,430 
Gibson  &  Johnson.  2,000 
W.  P.  Blue.  1,700 
Wilson  &  Hutchinson.  4,500 
A.  S,  Palmer.  1,300 
Wm.  C.  Rice.  891 
Geo.  P.  Jacobs.  2,500 
Thos.  W.  D.  Crane.  10,500 
John  W.  Kitchen.  3,500 

(  McKINLAY,  ROBT.  L.,  '60. 

}  FICKLIN,  *  JOSEPH  C,  '78.  4,371 

(  SHEPHERD,  JOHN  W.,  '79. 

C.  H.  Freen.  — 
W.  B.  Cooney,  '85.  5,990 

r  Cratty  Bros.,  Fuller  & 

1  Gallup.         oQ  Qiq 

]   See  Cardin Appendix, p.  xx\ili,    ~"-')"^*' 

[\W.J.  Woosley. 

M.  Blanchard.  5,657 

N.  W.  Branson.  3,000 

Wm.  K.  Murphy.  1,300 

Wike  &  Higbee.  3,257 

Thos.  Beche.  1,782 

J.  D.  Campbell.  2,500 

N.  Q.  Tanquary.  3,500 

Henderson  &  Trimble.  4,500 

P.  K.  Marfleet.  1,300 

Wm.  McFadon.  38,000 

G.  L.  Reiss.  1,338 

Callahan  &  Jones.  2,000 

M.  D.  Hathaway.  2,500 

f  Geo. M.Blake, U.S. Exp.Bldg..g  ^^ 

!_     See  Card  in  Appendix,  page  xv.    '^*'r'"" 


ILLINOIS. 

239 

PLACE. 

COUNTY. 

NAMES   OK   ATTORNEYS. 

popula'n. 

Hock  Island 

Rock  Island 

.JOSEPH  L.  HAAS. 

11,661 

Jioudhousi- 

Greene 

I).  F.  King. 

2,200 

Jlushville 

Schyler 

Hon.  L.  A.  .Jannan. 

2,500 

St.  Cliarles 

Kane 

W.  D.  Barry. 

1,536 

Salem 

Marion 

H.  C.  Goodnow. 

1,500 

Sandwicli 

De  Kalb 

J.  I.  Montgomery. 

2,838 

Savanna 

Carroll 

D.  S.  Berry. 

2,000 

Saybrook 

McLean 

Geo.  M.  Nelson. 

1,000 

Shawneetown 

Gallatin 

Carl  Roedel. 

2,000 

Shelbjrdlle 

Shelby 

<  MOULTON,  '50,  CHAFEE. 
(              '60,  &  HEADEN,  '75. 

4,320 

Sheldon 

Iroquois 

H.  W.  Snow. 

1,000 

8parta 

Randolph 

T.  F.  Alexander. 

2,000 

Springfield. 

Sangamox 

County.         Population,  19 

,746. 

BROWX,  WHEELER  &  BROWN,  313  S.  5th  St. 

Practices  in  State  and  Federal  Courts.     United  States 
Courts  held  at  Springfield. 


Staunton 

Sterling 

Streator 

Sullivan 

Sumner 

Sycamore 

Taylorville 

Tolono 

Tuscola 

TJrbana 

Tandalia 

Vermont 

Vienna 

Virden 

Tirginia 

Warren 

Warsaw 

Washington 

Waterloo 

Wateska 

Waukegan 

Waverly 

Wenona 

"Wheaton 

White  Hall 

Wilmington 

Winchester 

Woodstock 

Wyoming- 


Macoupin 

Whiteside 

La  Salle 

Moultrie 

Lawrence 

De  Kalb 

Christian 

Champaign 

Douglas 

Champaign 

Fayette 

Fulton 

Johnson 

Macoupin 

Cass 

Jo  Daviess 

Hancock 

Tazewell 

Monroe 

Iroquois 

Lake 

Morgan 

Marshall 

Du  Page 

Greene 

Will 

Scott 

Mc  Henry 

Stark 


Amos  Oiler. 
J.  &  J.  Dinsmoor. 
J.  T.  Murdock. 
Eden  &  Titus. 
J.  W.  Stanley. 
Geo.  W.  Denton. 
H.  M.  Vandeveer. 
W.  A.  Perkins. 
T.  Moore. 
M.  W.  Mathews. 
Henry  &  Fouke. 
Thomas  Kinsey. 
Chapman  &  Whitnel. 
B.  Cowen. 
R.  W.  Mills. 
James  Bayne. 
W.  N.  Grover. 
David  Keyes. 
W.  H.  Hoi-ine. 
Kay  &  Euans. 
Hon.  F.  E.  Clark. 
J.  B.  Connell. 
J.  H.  Jackson. 
Gary  &  Gary. 
Thos.  Henshaw. 
John  W.  Merrill. 
Kiggs  &  Divine. 
T.  D.  Murphy. 
John  E.  Decker. 


2,000 
5,089 
8,000 
1,400 
1,500 
4,000 
3,000 
1,000 
1,438 
3,500 
2,500 
1,133 
7.50 
2,000 
1,450 
1,897 
3,111 
2,500 
2,000 
2,200 
4,013 
1,126 
1,400 
1,800 
2,000 
2,500 
1,626 
2,200 
1,200 


240 


ILLINOIS. 


BANKS    IN    ILLINOIS. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  ot  one- 
bank  in  each  county  of  this  State  in  which  such  a  banking  institution  is  located. 


PLACE. 

Albion 

Aledo 

Beilville 

Belvidere 

Blooniington 

Cairo 

Cambridge 

Carlinville 

CarroUton 

Carthage 

Charleston 

Chicago 

Clinton 

Danville 

Decatur 

Dixon 

Edwardsville 

Farmer  City 

Freeport 

Galena 

Galesburg 

Harrisburg 

Havana 

Hillsboro 

Jacksonville 

Jerseyville 

•Toliet 

Kankakee 

Lacon 

Lewistown 

Lincoln 

Macomb 

Marion 

Marshall 

Metropolis 

Monmouth 

Monticello 

Morris 

Morrison 

Mount  Carroll 

Mount  Sterling 

Mount  Vernon 

Murphysboro 

Newton 


NAME   OF    BANK. 

Edwards  County  Bank 
Fanner's  Bank 
First  National  Bank 


City  National  Bank 
First  National  Bank 
C  H  C  Anderson 
Green  County  Nat  B'k 
Hancock  Co  Nat  B'k 
First  National  Bank 

.John  Warner  &  Co 
Second  National  Bank 
Decatur        "         " 
City 

J  A  Prickett  &  Sons 
First  National  Bank 
First  National  Bank 
Galena  National  Bank 
First  National  Bank 
Bank  of  Harrisburg 
Havana  National  Bank 
Hillsboro  National  Bank 
First  National  Bank 


Bank  of  Lewistown 
First  National  Bank 
Union  National  Bank 
Exchange  Bank 
11  L  Duianey  &  Co 
First  National  Bank 
Monmouth  National  Bank 
Bank  of  Monticello 
First  National  Bank 


Mt  Vernon  National  Bank 
.Jacjkson  County  Bank 
The  People's  Bank 


Chas.  A.  Pace. 

A.  M.  Byers,  Jfgr. 
Casimir  Audel. 

J.  S.  Terwilliger 
C.  W.  Robinson. 
Thos.  W.  Hallidav. 
H.  White. 
.Tames  K.  Furber. 
Oman  Pierson. 
W.  H.  Griffith. 
Wm.  E.  McCrory. 
H.  It.  Symonds. 
.John  Q.  Lewis. 
Thos.  S.  Parks. 

B.  O.  McReynolds. 
S.  C.  Eells. 

J,  L.  Prickett. 
J.  H.  Harrison. 
A.  H.  Barshinger. 

E.  C.  Ripley. 
Joseph  Hoover. 
Chas.  P.  Skaggs. 
N.  C.  King. 
Luther  M.  Beck. 

F.  G.  Farrell. 
Edward  Cross. 
W.  G.  Wilcox. 
H.  C.  Clarke. 
W.  11.  Ford. 
(Turner,  Phelps  & 
Frank  Hobit. 
Albert  Eads. 

(L.  A.  Goddard.) 
II.  B.  Duianey. 
.1.  M.  Choat. 
W.  B.  Young. 
O.  W.  Moore. 

G.  A.  Cunnea. 
A.  J.  Jackson. 
Owen  P.  Miles. 
F.  O.  Crane. 

C.  D.  Ham. 

J.  Van  Cloostere. 
O.  S.  Scott. 


Co.) 


25,000 

09,000 

100,000 

75,000 

150,000 

100,000' 

50,000 

60,000 

100,000 

50,000 

100,000 

a,  000, 000 

100,000 

100,000 

100,000 

100,000 

50,000 

50,000 

150,000 

100,000 

150,000 

30,000 

50,000 

50,000 

100,000 

50,000 

100,000 

50,000 

50,000 

50,000 

50,000 

50,000 

40,000 

33,750 

50,000 

100,000 

35,000 

50,000 

lOOOOO 

100,000 

50,000 

51,100 

13,000 

15,000 


JluJAyOIi 

■  • 

241 

PAID  UP 

PLACE. 

NAME   OF    HANK. 

CASHIER. 

CAPITAL. 

Olney 

First  National  Bank 

R.  N.  Stotler. 

50,000 

()re<'on 

H                          H                      «( 

Chas.  Schneider. 

50.000 

( )ttawa 

it                  a               (t 

.T.  F.  Nash. 

100,000 

Paris 

li               a 

AVni.  Siebert. 

108,000 

Paxton 

ii                   i(                a 

John  B.  Shaw. 

50,000 

Pekin 

Farmers'  National  Bank 

C.  H.  Turner. 

100,000 

Peoria 

Central           "            " 

B.  F.  Blossom. 

200,000 

Petersburg- 

First 

J.  :M.  Rollins. 

50,000 

l^ittsfield ' 

First               "             '• 

Daniel  D.  Hicks. 

100,000 

Pontiac 

Livingston  Co  Nat  Bank 

II.  G.  Greenbaum. 

75,000 

Priiu'etou 

First  National  Bank 

H.  C.  Roberts. 

105,000 

QiiiiK-y 

U                           .i                       .. 

Fred.  AV.  ]\Iyer. 

100,000 

llobinsun 

Robinson  Bank 

A.  P.  AYoodworth 

40,500 

Hock  ford 

Second  National  Bank 

George  R.  King. 

200,000 

Hock  Island 

First             "             " 

Geo.  AV.  Loosley. 

100,000 

Pushville 

Bank  of  Rushville 

Aug.  AA''arren. 

75,000 

Salem 

Salem  National  Bank 

Benj.  F.  Marshall. 

50.000 

Shawneetown 

First  National  Bank 

AVilliam  D.  Phile. 

50,000 

Shelbyville 

(.                  (c               a 

J.  AV.  Powers. 

75,000 

Springfield 

a                 -i              (< 

AV.  AV.  Tracy. 

250,000 

Sycamore 

Sycamore  National  Bank 

P.  M.  Alden. 

50,000 

Taylorville 

A  G  Barnes 

25,000 

Tnscola 

First  National  Bank 

AV.  H.  Lamb. 

113,000 

Urbana 

((                  ((               a 

P.  Richards. 

50,000 

Vandalia 

Bank  of  A^andalia 

Geo.  AV.  Brown. 

90,000 

Vienna 

Bank  of  Vienna 

J.  N.  Poor. 

25,000 

Virginia 

Centennial  National  Bank 

.James  B.  Black. 

50,000 

AVatseka 

First  National  Bank 

Geo.  C.  Harrington. 

50,000 

AVaukegan 

a                   ..                a 

Chas.  F.  AViard. 

50,000 

AVincliester 

Neat,  Condit  &  Co 

15,000 

AV^oodstock 

First  National  Bank 

Jno.  J.  Murphy. 

50,000 

Yorkville 

Kendall  County  Bank 

G.  L.  Cornell. 

25,000 

TERRITORY   OF 

I  NDI  AN. 

SU:vrMARY   OF 

CoLivECTioN    Laws. 

O^iJltT  VAJ.ENDAK,    iNSTJirCTloNS    FOK   TAKING  DEPOSITIONS,  LEGAI>    FOKMS,   ETC. 

Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "Showers' 

Legal  Directory  and  Merchants'  Guide,"  for  1888,  by 

Jno.  Q,.  Tufts,  of  the  Muscogee  Bar. 

Actions. — Actions  can  be  biouglit  only  before  the  Indian  agent  on  affi- 
ilavit  oL'  I'eal  party  in  interest. 

Affidavits. — United  States  commissioners  are  the  only  officers  in  the  ter- 
ritory autliorizcd  to  administer  oaths. 

Aliens. — Aliens  are  not  permitted  to  remain  in  the  territory  without  the 
jiermission  of  the  interior  department. 

Appeals. — Ai)peals  can  be  taken  at  any  time  from  the  Indian  agent  to  the 
commissioner  of  Iiulian  alfaij's,  and  to  the  secretary  of  the  interior. 

Arrests.— The  United  States  district  court  for  the  western  district  of 
Arkansas  has  exclusive  jurisdiction  over  crimes  committed  upon  the  reserva- 
tions of  the  Cherokees,  ('reeks,  Chickasaws,  Choctaws  and  Seminoles,  in 
violation  of  the  statutes  of  the  United  States,  when  one  or  both  parties  are 
■citizens  of  the  United  States,  and  in  all  cases  of  introducing  liquor  or  viola- 
tion of  revenue  laws.  The  United  States  district  court  for  the  district  of 
Kansas  has  the  same  jurisdiction  over  the  ballance  of  the  territory. 

Assignments. — Tliere  is  no  law  applicable  to  assignments. 

Attachments. — There  is  no  law  concerning  attachments. 

Chattel  Mortgages. — Mortgages,  bills  of  sale,  contcicts,  liens,  etc.,  of  all 
kinds  are  worthless,  as  there  is  no  court  to  enforce  them. 

Claims  against  Estate  of  Decea&ed  Persons. — Property  must  be  removed 
to  a  state  by  the  Indian  agent  and  settled  in  accordance  with  the  laws  of 
«uch  state. 

<Claims. — {See  Proof  of  Chiimn.) 

Courts. — (See  Arrests.) 

Corporations. — Corporations  may  be  formed  and  contracts  made  with 
Indians  fur  mining,  etc.     Such  contracts  must  be  approved  by  the  secretary 


INDIAN   TERRITOUY.  ^  243 

of  the  interior.  Corporations  violating  tlie  terms  of  their  contracts  are 
removed  from  tlie  territory  by  the  United  States  troc>ps,  on  order  from  the 
secretary  of  the  interior. 

Deeds. — Real  estate  is  held  in  commtjii  by  the  natives,  hence  no  deeds  are 
recjuired.  Citizens  of  the  United  States  can  not  own  real  estate  in  the 
territory. 

Depositions. — (See  United  States  Statutes.) 

Descent  and  Distribution  of  Property. — {See  Claims  against  Estate  of 
Deceased  persons. ) 

Divorce. — United  States  citizens  must  go  to  the  states  for  divorces. 

Dower. — (See  Claims  against  Estate  of  Deceased  Percons.) 

Interest. — Any  rate  may  be  agreed  upon  and  paid. 

License. — Traders  must  pay  a  license  fee  to  the  Indian  nations  of  from  one 
hundred  to  five  hundred  dollars  a  year.  License  is  granted  by  the  commis- 
sioner of  Indian  affairs  for  the  term  of  one  year.  Trader  must  give  a  bond 
in  ten  thousand  dollars  to  obey  the  laws  and  regulations  of  the  Indian  office. 
Commercial  travellers  are  not  taxed. 

Proof  of  Claims. — No  particular  form  for  proving  claims  are  prescribed. 
Claim  should  be  sent  with  affidavit,  same  as  is  required  to  commence  action 
in  states. 

Wills. — Wills  are  executed  in  accordance  with  the  laws  of  the  adjoining 
states,  and  are  there  probated.  If  necessary,  the  property  is  removed  to  the 
states. 


STATE  OF 

INDIANA. 

SUMMARY   OF 

CoivLKCTioN    Laws. 


Court  Calendar,  Instructions  for  taking   Depositions,  Legal,  Forms,  Etc, 

Expressly  Pkkpakkd  and  Revised  to  Nov.  Isi,  18S7,  for  "Whowers" 

Legal  Directory  and  Merchants'  Guide."  for  I,S88,  by 

Chas.  L.  Wedding,  of  the  Evansville  Bar. 

Acknowledgments. — To  entitle  deeds  and  mortgages  to  be  recorded  they 
must  be  acknowletlged  or  proved  before  a  judge  or  clerk  of  some  court  of 
record,  justice  of  the  peace,  auditor,  recorder,  notary  public,  or  mayor  of  a 
city,  in  this  or  any  other  state.  If  before  an  officer  having  an  official  seal,  if 
attested  by  such  seal,  acknowledgments  re(iuire  no  other  attestation.  A  mar- 
ried woman  need  make  no  different  acknowledgment  than  if  single,  and  need 
not  be  examined  separate  and  apart  from  her  husband. 

Action. — There  is  in  this  state  but  one  form  of  civil  action,  and  no  dis- 
tinction in  i)leading  and  practice  between  actions  at  law  and  suits  in  equity. 

Administration  of  Estates  of  Deceased  Persons. — Claims  against  es- 
tates must  be  tiled  with  the  clerk  of  the  court,  accompanied  by  an  affidavit 
that  "'The  claim,  after  deducting  all  costs  to  which  the  estate  is  entitled,  is- 
partly  due  and  wholly  unpaid."  It  must  be  so  filed  and  verified,  whether 
due  or  not,  and  should  be  itemized  and  filed  within  one  year.  If  not  allowed 
by  the  administrator,  it  stands  for  trial  at  first  term,  if  filed  thirty 
days  before  such  term.  Mortgages,  liens,  last  sickness  and  funeral  expenses- 
and  cost  of  administration  on  jjreferred  debts. 

Affidavits. — Affidavits  can  be  taken  by  any  person  authorized  to  admin- 
ister an  oath  in  the  following  forms  : 

Affidavit  to  Account. 
Statp:  op  Indiana,    } 

iJOUNTY  OP  .      \  **• 

Before  me,  (state  name  of  officer),  a  (state  official  title)  of  said  county 

and  state,  came ,  who,  being  by  me  duly  sworn,  says  that  the  annexed 

account  in  favor  of against ,  is  correct ;  that  no  payments  have  been 

made  thereon,  except  the  credits  thereon  given  ;  that  there  are  no  set-ofts 
against  the  same,  to  his  knowledge  ;  that  the  balance  shown  in  said  statement 

of  account,  to  wit,  dollars,  is  now  justly  due  and  owing  to  said  . 

and  no  part  thereof  is  for  usurious  interest,  all  of  which  he  verily  believes. 

[Signature  and  title  of  officer.) 

Subscribed  and  sworn  to  before  me  on  the djxy  of ,  18 — . 

[seal.]  {Signature.) 

[In.  1.1 


INDIANA.  245 

Affidavit  in  Attach inent. 


Before  ,  justice  of  the  peace, the  plaintiff  says  that  the  claim  in 

tliis  action  ajjainst  the  defondaut  is  for  (state  nature  of  elJini,  whether  note 
or  account),  and  that  tlie  claim  is  just,  and  that  he  believes  he  ought  to  re- 
cover   dollars  and cents,  and  the  said  (state  ground  of  attachment.) 

{Signature.)     [seal.] 

Sworn  to  and  subscribed  before  me  this day  of  ,  18 — . 

,  Justice,     [seal.] 

Appeals. — May  be  taken  from  justices'  and  mayors'  courts  to  circuit  or 
superior  courts  within  thirty  days  after  judgment,  and  from  circuit  and  su- 
perior courts  to  supreme  court,  within  one  yeai'.  Appellant  must  give  bond 
to  pay  judgment  on  appeal  from  mayor,  justices  of  the  peace  ;  but  no  bond 
required  on  api)eal  to  sui)reme  court,  unless  story  of  proceedmgs  on  judg- 
ment is  asked. 

Arrest. — Defendant  in  civil  action  may  be  arrested  on  affidavit,  that  he  is 
about  to  leave  the  state,  taking  money  or  property  which  ought  to  be  applied 
to  the  debt,  to  defraud  his  creditors,  but  only  upon  bond  being  given  to  pay 
all  damages. 

Assignments. — Any  debtor  in  embarrassed  or  failing  circumstances,  may 
make  a  general  assignment  of  all  his  property,  in  trust  for  the  benefit  of  all 
his  6o/j«^'(^c  creditors,  which  must  be  by  deed  of  indenture,  acknowledged 
and  recorded  in  the  recorder's  office  of  county  where  the  debtor  resides,  with- 
in ten  days  after  its  execution.  The  indenture  must  contain  a  full  description 
of  the  real  estate  assigned,  and  be  accompanied  by  a  schedule  containing  an 
enumeration  and  description  of  all  personal  property. 

The  indenture  is  not  operative  until  filed  for  record,  when  it  takes  prece- 
dence to  execvitions,  attachments,  etc.,  not  theretofore  levied. 

The  assignor  is  allowed  the  benefit  of  the  $600  exemption  as  against  debts 
upon  contract,  but  no  exemption  from  claims  founded  in  tort. 

Preferences  not  allowed  in  deed  of  assignments,  bvit  can  be  made  by  mort- 
gage or  otherwise,  before  assignment  is  made. 

Claims  must  be  filed  with  trustee,  accompanied  by  affidavit,  that  they  are 
just,  lawful  and  no  part  for  usurious  interest. 

Assignment  does  not  divest  liens  and  loans;  debtor  liable  for  balance  of 
debts  not  jiaid  by  estate. 

Attachments. — The  plaintiff,  at  the  time  of  filing  his  complaint,  or  at  any 
time  afterward,  may  have  an  attachment  against  the  property  of  the  defen- 
dant, in  the  case  and  the  manner  hereafter  stated  : 

1.  When  the  defendant,  or  one  of  several  defendants,  is  a  foreign  corpora- 
ticm  or  non-resident  of  the  state.  2.  Where  the  defendant,  or  one  of  several 
<lefendants,  is  secretly  leaving,  or  has  left  the  state,  with  intent  to  defraud 
his  creditors;  or  55.  So  conceals  himself  that  a  summons  can  not  be  served 
upon  him ;  or  4.  Is  removing,  or  about  to  remove  his  property,  subject  to 
execution,  or  a  material  part  thereof,  out  of  the  state,  not  leaving  enough  to 
satisfy  the  plaintiff's  claim  ;  or  5  and  6.  lias  sold,  conveyed,  or  is  about  to 
sell  and  convey,  or  otherwise  dispose  of  his  property,  subject  to  execution, 
or  has  suffered  or  permitted  it  to  be  sold,  with  the  fraudulent  intent  to  cheat, 
hinder,  or  delay  his  ereditors.  Under  the  2d,  4th,  5th  and  ()th  clauses,  at- 
tachment can  be  had  on  debts  not  due.  The  facts  must  be  show'u  by  affida- 
vit of  the  jilaintiff  or  other  person  in  his  behalf,  and  plaintiff  is  reiiuired  to 
Iln.  2.] 


246  INDIANA. 


give  bond  to  pay  all  daiuagos  defendant  may  sustain  if  prooeedings  are 
wrongful.  Other  creditors  can  file  claim  at  any  time  before  final  judgment 
aad  all  money  collected  is  to  be  pro  rated  on  all  debts  proven  on  final  trial. 


Fona  of  Bond  in  AttachmeiU. 


Before ,  justice  of  the  peace,  we  undertake  that  the  plaintiflf  shall 

•duly  prosecute  these  proceedings,  and  pay  the  defendant  all  damages  which 
se  may  sustain,  if  these  proceedings  are  wrongful  and  oppressive. 

(  Skin  atnre. )     [seal.  ] 
(Signature.)     [seal.] 

Taken  by  me  this day  of ,  18 — . 

,  Justice,     [seal]. 

Bills  of  Exchange  and  Promissory  Notes.— Notes  payable  at  a  bank  in 
this  state,  or  if  assigned  without  notice  to  bona  fide  holder  before  due,  not 
subject  to  defenses  as  a  common  note,  all  other  notes  open  to  same  defenses 
as  if  held  by  original  parties.  Notes  may  contain  clauses  "without  relief 
from  valuation  or  appraisement  laws,"  and  this  will  dispense  v/ith  appraise- 
ment and  property  can  be  sold  on  execution  at  whatever  it  will  bring,  other- 
wise it  must  bring  two-thirds  its  appraised  value,  may  also  contain  clause 
agreehig  to  pay  attorney's  fee,  thus  : 

Fo7'm. 

$ ,  18-. 

days  after  date promise  to  pay  to  the  order  of ,  dollars,. 

payable  at ,  for  value  received,  without  any  relief  whatever  from  valuation 

or  appraisement  laws,  with  hiterest  at  eight  per  cent,  per  annum,  after  ma- 
turity (or  date),  and  attorney's  fee. 

(Signature.) 
(Signature.) 

All  notes  and  other  contracts  for  payment  of  money  assignable  by  indorse 
ment  or  delivery  so  as  to  enable  assignor  to  sue  in  his  own  name. 

Chattel  Mortgages. — May  be  made  in  form  of  ordinary  bill  of  sale  or  in 
form  of  real  estate  mortgage.  It  must  be  acknowledged  as  deeds  are  and 
must  be  recorded  in  county  where  property  is  situated  within  ten  days. 
Possession  of  property  may  be  taken  by  replevin  or  default  in  payment  ou 
mortgage  may  be  purchased  and  property  sold  by  sheriff.  Sale  of  property 
mortgaged  without  disclosing  fact  render  a  final  oftcnse. 

Form   of  C'?ia(tel  Mortgage. 

Know  all  men  hy  these  presents,  That ,  of county,  in  the  state  of 

Indiana,  i»arty  of  the  first  ))art,  ha —  this  day  bargained  and  sold,  and  do 

hereby  bargain  and  sell,  unto ,  of  Indiania,  party  of  the  second  part,  for 

the  sum  of dollars,  in  hand  paid,  receipt  whereof   is  hereby  acknowl- 
edged, the  following  described  property,  to-wit  : 

The  condition  of  this  l)ill  of  sale  is  (here  insert  conditions  about  the  debt, 
etc.),  witliout  relief  from  valuation  or  appraisement  laws,  with  attorney's 
fees.  Now,  if  the  said  party  of  the  first  part  shall  well  and  truly  pay  said 
notes  at  maturity,  with  all  the  interest  thereon,  then  this  instrument  shall  be 
void,  otherwise  to  remain  in  full  force.  (Here  insert  other  conditions  as  tu 
possession,  etc..  as  the  case  may  be.) 

Witness »•  hand  —  and  seal  —  this day  of ,  18 — .         [seal.] 

[seal.} 
[In.  ;U 


INDIANA.  24T 

ackkowledgmext. 
State  ok  Indiana,  } 

County  of .     ^ 

Before  me,  the  iimleisigned,  a in  and  for  said  connty  and  state,  this 

day  of ,  18 — ,  personally  ajjpeared ,  to  me  well  known,  and  ac- 
knowledged the  execution  of  the  foregoing  instrument  as free  act  and. 

deed. 

Witness  my  hand  and  official  seal.  {Signature.^ 

Claims  against  Decedents'  Estate.— (»9f<'  Decede/dx'  Estate.) 

Conditional  Sales  of  Personal  Property. — Owner  may  sell  property  on 
credit  with  an  agreement,  verbal  or  written,  that  title  shall  not  pass  until 
paid  for  and  may  hold  the  property  even  against  bona  Jide  \>\ivchsiser.  (^See 
Chattel  Mortgages.) 

Corporations. — Foreign  and  Domestic. — Simple  provisions  are  made  for 
organization  of  corporations,  mining  companies,  building  associations,  etc., 
by  statute.  No  charters  granted  by  legislature;  all  must  be  organized  under 
general  law. 

Costs,  Security  for. — All  non-residents  must  give  bond  for  costs  whem 
suit  i.s  begun  or  when  ordered  by  court  after  suit  is  brought. 

Courts. —  Circvit  courts  have  general  jurisdiction. 

Superior  courts  at  Evausville,  Indianapolis,  Terre  Haute,  Lafayette,  and 
Fort  Wayne  have  general  civil  jurisdiction. 

Court  Calendar. — 

UNITKD  STATES  CIRCUIT  AND  DISTRICT  COURTS. 

Associate  Jiisiire  of  the  Supreme  Court,  John  M.  Harlan,  of  Kentucky.  Oircnie 
.Tudffe,  Walter  Q,.  Gresham,  of  Indianapolis.  District  Judue,  for  District  of  Indiana, 
William  A.  Woods,  of  Indianapolis,  ^-l^^or/ie.v,  David  Turpie,  of  Terre  Haute.  Vir~ 
cuit  and  DiMricl  Clerk,  Noble  C.  Butler,  of  Indianapolis.  Deputies,  Willard  C  Nichols,, 
Indianapolis;  .lames  G.  Harrison,  New  Albany  ;  J.  W.  Wartnian,  Evansville  -  Johi& 
Norris,  Jr.,  Ft.  Wayne.    Marshal,  P^dward  Hawkins,  Indianapolis. 

Terms.— KX,  Indianapolis,  1st  Tuesdays  In  May  and  November;  at  New  Albany 
1st  Mondays  in  .Tanuary  and  July;  at  Evansville,  1st  Mondays  in  April  and  Octo- 
ber; at  Ft.  Wayne,  1st  Mondays  in  June  and  December.    Indiana  is  but  one  district 
and    the  judgments  rendered   at   either  court  within  the  district   are   effectual 
throughout  the  State. 

SUPREME  COURT  OP  INDIANA. 

.Tudyss.  Byron  K.  Elliott,  of  Indianapolis :  George  V.  Howk,  of  New  Albany- 
Joseph  A.  S.  Mitchell,  of  Goshen  ;  William  K.  Nililack,  of  Vinccnnes  ;  Allen  Zollars". 
of  Ft.  Wayne.  (There  is  no  regular  ( 'hicf  Justice,  each  judge  in  turn  acts  as  such.) 
Clerk,  Simon  P.  Sheerin,  of  Logansport.  Atlormij  General,  Francis  T.  Hord,  of 
Columbus. 

CIRCUIT  COURT. 

When  held. 

Sd  M.)n.  Jan.,  2d  Mon.  April,  2d  Mon.  Ang^., 

Ist  Mon.  Nov.,  .5  weeks. 
1st  Mon.  Feb.  and  Sept.,  Md  Mon.  April  and 

Nov.    ((Criminal)— 1st  Mon.  April  and  Oct. 
1st  Mon.  Feb.  and  Sept.,  -Ith  >ron.  April,  M 

Mon.  Nov. 
1st  Mon.  Feb.  and  Sept.,  3d  Mon.  April  and 

Nov. 
On  Mon.s.  succeeding  court  in  the  Connty  of 

Grant  (q.  v.l. 
1st  Mon.  Jan.,  Mar.,  .lune,  Sept.,  and  Nov. 
1st  Mon.  Jan.  and  April,  ;5d  Jlon.  June.  4th 

-Moil.  f)ct. 
[In. -1.1 


County. 

County  Seat. 

Circu 

Adams  .   .   . 

Decatur   .  .  .  . 

.       26 

Allen     .   .   . 

I^ort  Wayne  .   . 

.        .">8 

Bartholomew 

Columbus  .   .   . 

9 

Benton     .  .   . 

Fowler 

•'!0 

Blackford    . 

Hartford  City   . 

48 

Boone    .   .   . 
Brown  .   .   . 

Lebanon  .   .    .   . 
Nashville    .   .   . 

20 
i) 

248 


INDIANA. 


County. 


County  Seat,      Circuit, 


Carroll 


Cass    , 
Clark 


.  Delphi  .... 

.  Logansport  . 
.  Jetfersonville 


Clay Brazil 


Clinton     .  . 

Crawford  . 

Daviess    .  . 

Dearborn  . 

Decatur    .  . 

DeKalb  .  . 
Delaware  . 
Dubois  .  . 
Elkhart    .  . 

Fayette  .  . 
Floyd  .  .  . 
Fountain    . 

Franklin     . 

Fulton  .  .   . 

Gibson  .  .  . 
Grant    .  .   . 

Greene  .  .  . 

Hamilton   . 

Hancock  .  . 

Harrison  ..  . 

Hendricks  . 

Henry   .   .   . 

Howard    .   . 

Huntington 

Jackson 
Jasper  . 
Jay  .   .   . 


.  Frankfort  .   . 
.  Leavenworth 
.  Washington 
.  Lawrenceburi 

.  Greensbui-gh 


.  Auburn 
.  Muncie 
.  Jasper  . 
.  Goshen 


Jefferson 

Jennings 

.Tobnson  . 

Knox     .   . 

Kosciusko 

Ijagrangc 

I^ake  .  . 

Laporte 

Ijflwrcnce 
Madison 

Marion  . 

Marshall 
Martin  . 
Miami  . 


.  Connersville 
.  New  Albany 
.  Covington 

.  Brookville 

.  Rochester  . 

.  Princeton  . 
.  Marion     .  . 


.  Bloomfleld 

.  Noblesville 

.  Greenfield 

,  Corydon  .  . 

.  Danville  . 

.  New  Castle 

.  Kokomo  .  . 

.  Huntington 

.  Brownstown 
.  Itenssclaer 
.  Portland  .   . 


.  Madison 
.  Vernon    . 
.  Franklin 
.  Vincennes 
.  Warsaw  . 
.  Ijagrange    . 
.  Crown  Point 
.  Ijaporte    .  . 


.  Bedford   . 
.  Anderson 


.  Indianapolis 

.  Plymouth  .  . 
.  Slioals  .  .  .  . 
.  I'eru 


39 


29 
4 


35 
4B 
11 
34 

37 

4 

21 

37 

41 

II 

48 

14 
24 
18 
3 
19 
18 
36 
28 

42 

30 
2(j 

5 

6 
16 

12 


When  held. 

On  Mens,  succeeding  terms  of  court  in  White 

County  (q.  v.) 
1st  Mon.  Jan.,  April,  Sept.  and  Nov. 
1st  Mon.  Jan.,  4th  Mon.  Mar.,  2d  Mon.  June 

and  Oct. 
1st  Mon.  Jan..  5th  Mon.  alter  2d  Mon.  Feb., 

4th  Mon.  April,  1st  Mon.  8ept. 
1st  Mon.  Jan.,  Mar.,  June,  Sept.  and  Nov. 
3d  Men.  Mar.,  June,  Oct.,  4th  Mon.  Dec. 
2d  ]Mou.  Feb.,  3d  Mon.  May,  Sept.  and  Nov. 
1st  Mon.  Feb.  and  Sept.,  4th  Mon.  April,  3d 

INIon.  Nov. 
1st  Mon.  Feb.  and  Sept.,  4tli  Mon.  April,  3d 

Mon.  Nov. 
1st  Mon.  Feb.  and  May,  2d  Mon.  Oct. 
1st  Mon.  Jan.,  Mar.,  June,  Sept,  and  Nov. 
1st  Mon.  Jan.  and  Sept.,  4th  Mon.  April. 
On  4th  Mons.  after  date  fixed  for  commence- 
ment of  court  in  La  Grange  (q.  v.) 
Mons.  succeeding  terms  of  FranKlin  Co.  (q.  v.) 
2d  Mon.  Feb.,  1st  Mon.  May  and  Sept. 
1st  Mon.  Mar.,  3d  Mon.  May,  1st  Mon.  Sept., 

4th  Mon.  Nov. 
1st  Mon.  Feb.  and  Sept.,  4th   Mon.  April,  3d 

Mon.  Nov. 
1st  Mon.  Feb.  and  Sept.,  4th  Mon.  April  and 

Nov. 
4th  Mon.  Jan.,  1st  Mon.  May,  4th  Mon.  Sept. 
4th  Mon.  Jan.,  2d  Mon.  April,  1st  Mon.  Sept.. 

3d  Mon.  Nov. 
2d  Mon.  Feb.  and  Sept.,  1st  Mon.  May  and  3d 

Mon.  Nov. 
1st  Mon.  Feb.  and  Sept.,  4th  Mon.  April  and 

od  Mon.  Nov. 
6th  Mon.  after  1st  Mon.  Feb.  and  Sept.,  4th 

Mon.  April  nnd  3d  Mon.  Nov. 
1st  Mon.  Sept.,  2d  Mon.  May  and  3d  Mon.  Feb. 

and  Nov. 
1st  Mon.  Jan.  and  June,  2d  Mon.  ]Mar.  and  4th 

Mon.  Sept. 
1st  Mon.  Feb.  and  Sept.,  4th  Mon.  April  and 

3d  Mon.  Nov. 
On  Mons.  succeeding  the  courts  in  Tipton 

County  (q.  v.). 
On  Mons.  succeeding  the  courts  in  Wells  Coun- 
ty (q   v.). 
3d  Mon.  .Jan.,  April  and  Aug.  aftd  2d  Mon.  Nov. 
3d  Mon.  Mar.  and  Oct.,  1st  Jan.  and  .lune. 
On  Mons.  succeeding  courts  in  the  county  of 

Adams  (q.  v.) 
1st  Mon.  Jan.  and  Aug.,  8d  Mon.  Mar.  and  20 

Mon.  Oct. 
1st  Mon.  Mar.  and  Oct.,  4th  Mon.  May  and  3d 

Mon.  Dec. 
1st  Mon.  Fel).  and  Sept.,  4th  Mon.  April  and 

3d  Mon.  Nov. 
1st  Mon.  Jan.,  Feb.,  Mar.,  ApVil,  May,  June, 

Sopt ,  Oct.  and  Nov. 
3d  Jlon.  after  1st  Mon.  Feb.  and  Sept.,  and  4th 

Mon.  April  and  Hd  Mon.  Nov. 
1st  Mon.  Feb.,  4th  Mon.  April,  1st  Mon.  Sept. 

and  .">d  Mon.  Nov. 
1st  Mon.  Feb.,  4th  Mon.  April,  1st  Mon.  Sept. 

Ml  Mon.  Nov. 
1st  Mon.  Fell,  and  Sept.,  4th  Mon.  April  and 

3d  Mon.  Nov. 
Ist  Mon.  Fel).,  May  and  Oct. 
5th  Mon.  after  1st  INIon.  Feb.  and  Sept.,  4th 

Mon.  .\pril  and  3d  Jlon.  Nov. 
1st  Mon.  May  and  Dec,  2d  Mon.  Feb.  and  4th 

Mon.  Aug.    (Criminal) — 1st  Mon.  Jan.  and 

July. 
4th  Mon.  after  1st  Mon.  Feb.  and  Sept.,  4th 

I\Ion.  April  and  3d  Mon.  Nov. 
1st  Mon.  .Fan.,  3d  Mon.  July,  1st  Mon.  succeed- 
ing close  Feb.  and  Sept.  terms  Daviess  Co. 
5th   Mon.  after  4th  Mon.  Feb.  and  April,  1st 

Mon.  Sept.  and  3d  Mon.  Nov. 

[In.  5.] 


INDIANA. 


249 


County. 

Monroe    . 

Montgomery 
Morgan 

Jfewton 

Noble    . 
■Ohio  .  . 

■Orange  . 

Owen     . 

Parke    . 

Perry     . 


Pike    .  .  . 
Porter    .  . 

Posey    .  . 

Pulaski    . 

Putmau   . 

Randolph 
Rirley  .  . 


Hash  . 

seott  . 
Slielby 


County  Seat. 

.  Bloomington 

Crawfordsvillc 
Martinsville 


Kentland 


Albion  .... 
Rising  Hun    . 


Paoli  .... 
, Spencer  .  . 

Rockville  . 
,  Cannelton  . 


Peter.><burg 
.  Valpai'aiso 

Mt.  Vernon 

AVinamac  . 

Grecncastle 

Winchester 
Versailles  . 


Spencer    . 

.Starke  .  . 

Steuben    . 
St.  Joseph 

Sullivan  .  . 

Switzerland 

Tippecanoe 


Rnshville  .  . 
Scottsburg  . 
.  Slielbyville   . 

Rockport    .  . 

Knox    .   .   .   . 


Angola     .  . 
South  Rend 

Sullivan 

Vevay  .  .   . 

Lafayette    . 


Tipton 


.   .  Tipton 


I'nion    ....  Liliort.v    .   . 
Vanderburgh  Evansville 


Vermillion    .  Newport .  . 
Vigo Terre  Hautt 


Wabash    . 

"Warren 
Warrick  . 
Washington 
Wayne  . 


Wells  .  . 
AVhite  .  . 
Whitley  . 


.  Wabasli  .   .    , 

.  Willianisport 
.  Boonville  .  . 
.  Salem  .... 
.  Riclnnond 


.  P.lufftou  .  .  . 
.  Montii-ello  . 
.  Columbia  City 


Circuit.  When  held. 

10  l.st  Mon.  Sept.  and  11th,  22d  and  ;«d  Mon. 
alter  1st  Mon.  Sept. 

22  Mondays  succeeding  terms  of  Parke  County. 
15      1st  Mon.  Feb.  and  Sept.,  4th  Mon.  April  and 

8d  Mon.  Nov. 

30  2d  Mon.  May  and  Dec,  4th  Mon.  Feb.  and 
Sept. 

35      1st  Mon.  Mar.,  June  and  Dec. 

7  8th  Mon.  after  1st  Mon.  Feb.  and  Sept.,  4th 
Mon.  April  and  8d  Mon.  Nov. 

10  1st  Mon.  next  after  expiration  ol  time  allowed 
for  court  in  Ijawrence  County. 

15  On  Mons.  succeeding  terms  ol  court  in  Mor- 
gan County. 

47      1st  Mon.  Feb.,  4th  Mou.  April,  1st  Mon.  Sept. 

and  ;id  .Mon.  Nov. 
2      1st  Mon.  Feb.,  Ma.v,  Nov.,  and  Mon.  following 
expiration  of  June  term  in  Spcm-er  Co. 

11  2d  Mon.  Mar.,  4th  Mon.  May  and  ;!d  Mon.  Oct. 

31  ]Mons.  succeeding  the  terms  of  court  in  Lake 
County. 

1  Last  Mon.  Aug.,  2d  Mon.  Nov.,  4th  Mun.  Jan. 
and  1st  Mon.  April. 

44      4th  Mon.  Jan  ,  2d  Mon.  April,  1st  Mon.  Sept. 

and  2d  Mon.  Nov. 
13      2d  Mon.  Feb.,  4th  Mon.  April,  1st  Mon.  Sept. 

3d  Mon.  Nov. 
25      1st  Mon.  June,  Sept.  and  Nov. 
6      1st  Mon.  Feb.  and  Sept.,  4th  Mon.  April  and 

3d  Mou.  Nov. 

8  Mons.  succeeding  terms  in  Decatur  County. 
(i      4th  Mon.  Mar.,  3d  Mon.  June,  Oct.  and  .laii. 

Ifi  4th  Mon.  after  1st  Mon.  Feb.  and  Sept.,  4th 
Mon.  April  and  3d  Mon.  Nov. 

2  1st  Mon.  Jan.,  April  and  Oct.  and  3d  Mon. 
.lune. 

44      1st  Jlon.  Jan.,  2d  Mon.  Mar.,  3d  Mon.  May  and 

2d  Mon.  Oct. 
35      1st  Mon.  Jan.,  April  and  Sept. 

32  5th  Mon.  after  1st  Mon.  Feb.  and  Sept.,  4tli 
Mou.  April  and  3d  Mon.  Nov. 

1 1      On  Mons.  succeeding  terms  of  court  in  Greene 
County  (q.  V.) 
5     i>d  Mon.  Sept.  and  Dec.,  2d  Mon.  Feb.  and  1st 
Mon.  JIaV. 

23  1st  Mon.  Feb.  and  Sept.,  4th  Mon  April.  .3d 
Mon.  Nov.  (Superior  Court)— 1st  Mou.  Feb. 
and  Sept.  4th  Mon.  April  and  3d  Mon  Nov. 

aft     1st  Mon.  Feb..  4tli  Mou.  April,  1st  Mon.  Sept. 

and  3d  Mon.  Nov. 
37      Mons.  succeeding  terms  of  Fayette  Co.  (q.  v.) 

1  Mons.  succeeding  terms  of  court  in  Posey  Co. 
(Criminal) — 1st  Mou.  June  and  Dec. 

■17      On    Mons.  succeeding   Courts    in   County  of 

Parke. 
43      1st  Mon.  Sept.,  4th  ISfon.  Nov.,  2d  Mon.  Feb., 

1st  Mon.  JNlay,     (Criminal) — 1st  Mon.  April 

and  Oct. 

27  4th  Mon.  Feb.,  April,  1st  Mon.  Sept.,  3d  Mon. 
Nov. 

21  On  Mons.  succeeding  courts  in  Fountain  Co. 

2  1st  Mon.  Mar.,  June,  Sept.  and  Dec. 
42  4th  Mon.  Feb.,  May  and  Sept..  .3d  Mon.  Dec. 
17  1st  Mon.  Feb.,  Sept.,  4th  Mon.  April,  3d  Mon. 

Nov. 

28  4th  Mon.  Feb.,  2d  Mon.  May,  3d  Mon.  Sept., 
2(1  Mon.  Dec. 

3!)      1st  Mon.  Sept.,  4th  Mon.  Nov.,  April,  2d  :Mon. 

Feb. 
3S      1st  Mon.  Feb.,  Sept.,  4th  Mon.  April,  ;!d  Mon. 

Nov. 


Curtesy. — AhaUtihed. — Widower  takes  oiio-thinl  wife's  real  estate  iu  fee. 

Decedents'  Estates,  etc. — Letters  of  administration  shall  l)e  jrranted  iu 
their  ordiT  :  1.  To  the  husl)aud  or  wife;  2.  To  the  next  of  km  ;  3.  To  the 
[In.  C] 


250  INDIANA. 

largest  creditor  residing  in  the  state  ;  and  4.  If  no  person  thus  entitled  shall 
apply  within  thirty  days  after  death  of  intestate,  the  clerk  of  the  court  shall 
appoint  a  competent  inhabitant  of  the  county. 

After  inventory  and  appraisement  of  decedent's  personal  estate,  the 
•widow  may  select  and  take  articles  to  the  value  of  $500,  or  that  amount  in. 
cash,  and  receipt  to  the  executor  or  administrator  for  the  same. 

If  the  entire  estate  of  the  decedent  does  not  exceed  in  value  $500,  the 
widow,  on  i^etition  filed,  may  take  the  same,  discharged  of  all  debts  of  de- 
cedent, except  mortgages  of  realty  and  expenses  of  funeral  and  last  sickness.. 

Claims  against  estates  of  decedents  are  classed  as  follows  :  1.  Expenses 
of  administration  ;  2.  Expenses  of  last  sickness  and  funeral;  8.  Judgments 
which  are  liens  upon  the  decedent's  real  estate,  and  mortgages  of  real  and 
personal  property  existing  in  his  lifetime  ;  4.  General  debts  ;  5.  To  legatees  ; 
6.  To  distributees.  There  shall  be  no  preference  as  to  claims  of  the  same 
class. 

The  surviving  partner  or  partners  have  the  right  to  settle  and  close  up  the 
partnership  affairs.     Such  surviving  partner  or  partners  shall  give  bonds,  ^ 
and,  within  sixty  days  after  such  death,  shall  file  a  complete  inventory  of  all 
the  partnership  assets  and  liabilities. 

Form  of  Affidavit  to  Claim  vs.  Estates  of  Deceased  Persons. 
State  of  Indiana,    } 
County  op .     S     ' 

Before  the  clerk  of  the  circuit  court  of  said  county  and  state  came ». 

who,  being  by  me  duly  sworn,  says  that  the  annexed  ,  in  favor  of , 

against  the  estate  of ,  deceased,  is  correct ;  that  no  payments  have  been 

made  thereon,  except  the  credits  thereon  given  ;  that  there  are  no  set-oifs 

against  the  same,  to  his  knowledge  ;  that  the  balance  shown  in  said ,  to 

wit,  dollars,  after  deducting  all  credits  to  which  said  estate  is  entitled,  is 

now  justly  due  and  owing  to ,  all  of  which  he  verily  believes. 

(Signature.) 

Subscribed  and  sworn  to  before  me,  on  the day  of ,  18 — . 

,  Clerk. 

Deeds. — All  conveyances  of  lands,  or  any  interest  therein,  except  leases  for 
three  years  or  less,  must  be  by  deed,  in  writing,  subscribed  and  acknowl- 
edged by  the  grantor  or  his  attorney  in  fact.  The  form  of  general  warranty 
deed  is  given,  and  the  substitution  of  trust  claim  for  warrant  will  change  the 
form  to  quit  claim  deed.  Deeds,  mortgages,  &c.,  must  be  rendered  within 
forty-five  days,  but  if  rendered  afterwards  are  effective  after  such  record. 

Form  of  Warranty  Deed. 

TJiis  Indenture  inifnesseth.  That ,  <>f county,  in  the  state  of  In- 
diana, convey  and  warrant  to ,  of  county,  in  the  state  of Indiana, 

for  the  sum  of dollars,  the  following  real  estate,  in county,  in  the 

state  of  Indiana,  to  wit  :  (Here  insert  description.) 

In  testimony  whereof,  the  said ,  ha — •  hereunto  set  hand  and  seal — ,, 

this day  of ,  18 — . 

(Sif/naiure)         [sKAii.]  (Signature.)     [seat,.] 

(Signature)         [seal.]  (Signature.)     [seal.] 

Form  of  Acknowledgment. 
State  of  Indiana,    } 
County  ok  .     ^ '  ' 

Before  me,  (name),  a  (official  capacity),  in  and  for  said  county,  this 

day  of ,  18 — ,  personally  appeared  the  within  named ,  and  acknowl- 
edged the  execution  of  the  annexed  deed. 

Witness  my  hand  and seal.  (Signature.) 

[In.  7.1 


INDIANA.  251 

Depositions. — Maybe  taken  before  any  judge,  justice  of  the  peaee.  notary- 
public,  mayor,  or  recorder  of  the  city,  clerk  of  a  court  of  record,  or  commis- 
sioner appointed  for  the  jjurpose.  The  officer  taking  the  dejiosition  can  not 
decide  legal  questions.  Objections  may  be  raised  either  at  the  time  of  tak- 
ing the  deposition,  and  noted  by  the  officer,  or  in  court  at  the  time  of  trial. 

"No  commission  is  required  to  take  within  United  States.  Outside  of 
United  States  can  only  be  taken  on  commission  issued  i)ursuant  to  order  of 
court.     (See  following  forms  and  instruments  for  taking  depositions.) 

Form  of  Dej)o»ition8. 
... '     ? 


s 


In  the  (koum  op  notici-;.) 


The hereby  notified  that  on  the day  of  ,  18 — ,  between  the- 

hours  of o'clock  A.  M.  and o'clock  p.  m.,  before or  some  other 

person  authorized  to  take  dei)ositions,  at ,  in  the of ,  county  of 

,  and  state  of ,  the  will  proceed  to  take  depositions  t)f , 

[setting  out  names  of  witnesses],  to  be  read  in  evidence  on  the  trial  of  the 
above  entitled  cause,  and  will  continue  taking  the  same  from  day  to  day,, 
thereafter,  between  the  same  hours,  until  the  whole  be  taken. 

Dated ,18 — .  ,  Attorney  for . 

We  acknowledge  service  of  foregoing  notice,  the day  of ,  18 — 

,  Attorney  for . 

Form  for  Instructions  for  taking  Depositions. 


Depositions  of ,  witncs[es]  in  a  certain  action  now  pending  in  the 

court  of of  the  state  of  Indiana,  wherein is  plaintiff,  and 

is  defendant,  taken  before  me,  pursuant  to  the  aimexed  notice  and  commis- 
sion, at  the  time  and  place  in  my  certificate  hereinafter  named,  to  be  used  as 

evidence  on  the  part  of ,  in  said  action.     The  said  ,  t)f  lawful  age, 

being  first  duly  sworn,  deposeth  as  follows  : 

Question  by .     (Insert  <iuestions  and  answers,  and  add  the  foUowin"- 


certificate  :) 


Form  of  Certificate. 


State  of  Indiana,    } 
County  of .     ^  '**  " 

I. .  in  and   for  said  county,  do  hereby  certify  that    ,  the  above 

named  deponent[s],  was  [were]  by  me  first  sworn  to  tell  the  truth,  the  whole 

truth,  and  ncjthing  but  the  trutii,  in  the  case  now  pending  in  the of  the 

state  of  Indiana,  wherein  • is  plaintilF,  and  is  defendant ;  tliat  the 

foregoing  deposition[s]  was  [were]  all  written  by  me,  [or  by ,  a  disinter- 
ested person,  in  my  presence  and  under  my  direction,]  and  that  the  said  depo- 
nent [or  deponents  severally]  subscribed  his  [or  their  respective]  deposition[s] 
after  the  same  had  been  carefully  read  over  to  him  [or  them]  by  me;  that 
the  ,  [adverse  party]  was  [or  was  not]  present  [either]  in  i)ersi)n  [or  by 
attorney]  at  the  taking  of  said  deposition[s] ,  that  all  said  deposition[sj  was 
[or  were]  taken  at          ,  in  the           of           ,  county   of          ,  and  state  oi 

,  on  the  day[s]of  ,  18 — ,  between  the  hours  of  o'clock  a. 

M.  and  o'clock  p.  M.,  of  said  day  [or  days],  agreeably  iu  all  respects  to^ 

the  annexed  notice  [and  commission]. 
•        [In.  8.] 


252  INDIANA. 

Ill  ir.i,tncss  wliereof,  I  hereunto  subscribe  luy  name  and  affix  my  [official] 
jseal,  this  day  of  ,  A.  D.,  eighteen  hundred  and 

[l.  s.]  {Signature.) 

Instructions. 

Leading  questions  should  not  be  asked.     Examine  the  instructions  below. 

Exhibits  should  be  attached,  by  wafer  or  otherwise,  to  the  question  or  an- 
.swer,  or  some  other  part  of  the  deposition.  The  notice  (and  commission),  if 
any,  should  be  attached  to  the  deposition.  Each  witness  must  sign  his 
deposition. 

A  commission  is  not  necessary,  if  the  deposition  is  to  be  taken  in  this  state. 
If  the  commission  contains  the  name  of  the  officer,  his  official  certificate  will 
be  sufficient ;  but  if  it  do  not,  and  the  officer  have  no  official  seal,  the  certiti- 
■cate  and  seal  of  a  clerk  of  a  court  of  record  of  the  county  will  be  necessary. 
Depositions  may  be  taken  before  any  judge,  justice  of  the  peace,  notary  pub- 
lic, mayor  or  recorder  of  a  city,  clerk  of  a  covirt  of  record,  or  commissioner 
either  within  or  without  this  state.  The  officer  must  seal  up  the  deposition, 
and  direct  the  same  to  the  clerk  of  the  court  in  which  the  action  is  pending, 
indorsing  on  the  envelope  the  names  of  the  parties  and  of  the  witnesses, 
whose  depositions  are  inclosed.  The  officer  should  tax  the  cost,  and  state 
which  party  pays  them. 

Divorce. — May  be  granted  by  circuit  and  superior  courts  when  plaintiff 
,has  been  a  bona  fide  resident  of  state  for  two  years,  which  residence  must  be 
sworn  to  in  the  declaration  and  proved  in  the  trial  by  two  resident  freehold- 
^^-rs.  The  causes  are  adultery,  impotency  existing  at  marriage,  abandonment 
for  two  years,  civil  and  inhuman  treatment,  habitual  drunkenness,  failure  of 
luisband  toi^rovide  for  his  family  for  two  years,  conviction,  subsequent  to  the 
marriage  of  either  party  of  infamous  crime.  Case  stands  for  trial  at  first 
term  after  summons  have  been  served,  ten  days  on  publication,  (three  weeks 
^successively)  thirty  days.  Facts  must  be  proved  in  default  just  as  if  defence 
made. 

Dower. — Abolished  by  statute.  Widow  takes  one-third  real  estate  in  fee 
.simple  as  general  rule — same  exceptions. 

Examination  of  Party  to  Suit,  etc. — Either  party  to  a  suit  may,  upon 
iive  days'  notice,  compel  the  opi^osite  party  to  attend  before  any  officer  au- 
thorized to  take  dejjositions,  and  be  examined  as  to  all  matters  in  controversy 
in  suit,  which  examination  shall  be  reduced  to  writing  and  may  be  used  in 
evidence. 

Evidence. — Parties  interested  and  parties  to  suits  are  competent,  except 
in  certain  suits  in  which  the  actions  of  deceased  jjersons  are  involved,  the  in- 
terested parties  are  usually  excluded,  except  that  the  opposite  party  in  the 
■fourt  may  re(iu\re  the  excluded  person  to  testify. 

Executions. — Are  liens  from  time  placed  in  officer's  hands  on  personal 
pr()])erty  with  jurisdiction  of  court.  Are  valid  for  six  months.  May  issue 
iVoin  circuit  or  superior  courts  at  any  time,  after  judgment,  within  ten  years. 

Exemption. — Upon  filing  the  necessary  affidavit  and  schedule,  any  7'esident 
JiiiiinekoUkr  may  excmjjt  property  to  be  selected  by  him  to  the  amtmnt  of 
^(>00  as  against  claims  founded  on  contract  made  since  May  ?>\,  187!),  and  to 
the  amount  of  .*>!300  on  claims  contracted  before  that  date.  No  exemption  as 
Against  judgments  founded  on  tort.  Married  women,  whether  householders 
or  not,  may,  if  resident  of  the  state,  claim  $000  exem])t  in  like  manner  as 
.householder.     To  all  employees  one  month's  wages  are  exempt. 

lln.  9.] 


INDIANA.  L'5S 

Executors. — {See  Decedents'  Estate.) 

False  Pretenses. — Obtaining  money  under  false  pretenses  is  a  felony. 

Frauds,  Statute  of. — Contracts  for  sale  of  personal  i)roperty  of  value  of 
$50  and  over  must  be  in  writing;-,  unless  part  payment  on  delivery  accompany 
sale.  Promises  to  pay  debt  of  another,  etc.,  must  be  in  writin<jj.  Convey- 
ances with  intent  to  defraud  creditors  are  void. 

Garnishment. — If,  at  time  an  order  of  attachment  issues,  or  before  or 
afterward,  tlie  plaintift'or  other  person  in  his  behalf,  shall  tile  an  affidavit 
that  he  has  ••ood  I'eason  to  believe  that  any  person  (naming  him)  has  property 
of  defendant,  of  any  description,  in  his  possession  or  under  his  control  which 
the  officer  can  not  attach,  or  that  such  person  is  indebted  to  defendant,  a  writ 
of  garnishment  shall  issue  against  such  person,  and  he  shall  be  accountable 
to  the  plaintiff  for  the  amount  of  money,  jiroperty  or  credits  so  under  his 
control,  or  due  the  defendant  from  him,  from  the  time  of  service  of  summon.s 
in  garnishment.  But  all  employees  are  entitled  to  one  month's  wages  free 
from  garnishment.     (See  Attachment.) 

Grace.— Three  days  allowed  on  notes  payable  in  bank  and  not  on  ordinary- 
notes. 

Homestead.— None  allowed,  only  exemptions,  which  see. 

Insolvent  Laws. — {Sec  Assi(jnnu'nt.)~\\)\\iuim-y.     No  others. 

Interest.— May  be  charged  at  six  per  cent,  on  money  due  and  payment 
withheld  or  delayed  on  acct)unts  stated,  oi-  when  statement  presented  and 
5iayment  demanded.  Eight  per  cent,  may  be  chai-gerl  on  written  aoreement, 
and  may  be  taken  in  advance.  Where  no  rate  specified,  it  is  six  percent! 
All  judgments  bear  six  per  cent.     Usury  forfeits  excess  above  six  per  cent. 

Justices  of  the  Peace. — Have  jurisdiction  in  civil  actions,  attachments, 
replevin,  etc.,  to  $^00,  and  upon  confession  of  judgment  to  $300. 

Judgment  Lien.— Holds  for  ten  years  after  the  rendition  of  judgment  or 
ihe  last  execution,  upon  real  estate  in  county  where  rendered;  so  too  or 
transcript  of  judgment  of  justice  of  the  ])eace,  where  transcript  is  filed'  in 
clerk's  office  in  any  county  in  state.  Judgment  may  be  revived  within  twenty 
years  after  rendition.  Execution  lien  on  real  and  personal  property  in  county 
fi'om  time  of  issuing. 

Landlord  and  Tenant.— Landlords  have  liens  on  crops  for  rent.  Can 
prevent  removal  of  only  one-half  croj).  No  others  have  liens.  No  distress- 
proceedings  allowed.     Rent  like  other  debts,  except  as  to  crops. 

Leases. —  ( See  Deeds. ) 

Liens. — Mechanics,  workmen,  etc.,  have  Liens  for  material  and  work  done 
on  buildings,  etc.  Miners  have  liens  for  wages.  Railroad  employees  are 
given  liens.  Certain  limitations  apply  to  all  these  liens.  Mechanics  etc. 
must  file  notice  in  recorder's  office  witiiin  sixty  days  and  bring  suit  withiii 
one  year.  With  the  costs  of  suit  are  taxed  attorney's  fee  for  2>laintift'  in 
suits  to  enforce  lien. 

Limitations.— Actions  must  be  brought  within  six  years  after  the  cause 
has  accrued  on  accounts,  and  contracts  not  in  writing,  for  use,  rents  and 
profit  of  real  property,  for  injury  to  property,  damages  for  any  detention 
[In.  10.] 


-254  .INDIANA. 

thereof,  and  rccoveriny  pussessidiKtf  personal  property,  and  f(jr  relief  against 
frauds.  Actions  for  injuries  to  pei'sou  or  character,  and  for  a  penalty  given 
by  statutes,  must  be  commenced  within  two  years  ;  against  a  public  officer, 
within  five  years,  but  against  the  officer,  or  his  rejjresentative,  for  mioney 
collected  and  not  turned  over,  any  time  witliin  six  years.  For  the  recovery 
of  real  property,  sold  on  execution  debt,  or  his  heirs,  or  any  person  claiming 
under  him,  l)y  title  acquired  after  date  of  judgment,  within  ten  years  after 
the  same.  Upon  promissory  notes,  bills  of  exchange,  and  other  written  con- 
tracts, for  the  payment  of  money,  hereafter  executed,  within  ten  years.  Pro- 
vided, that  all  such  contracts  as  have  been  heretofore  executed  may  be  en- 
forced under  this  act,  within  such  time  only  as  they  have  to  run  before  being 
barred  under  the  existing  law  limiting  the  commencement  of  actions,  and 
not  afterward.  Upon  contracts  in  writing  other  than  those  tor  th((  i)ayment 
of  money  on  judgment  of  courts  of  record,  and  for  the  recovery  t)f  the  pos- 
.session  of  real  estate  within  twenty  years. 

Married  Women,  Rights  of. — All  property  she  owns  at  time  of  marriage 
or  aecpiires  during  coverture,  remains  her  own  separate  property,  and  cannot 
be  sold  for  husband's  debts.  May  sell  her  separate  personal  property  same 
as  if  she  were  sole.  May  carry  on  business  on  her  sole  account,  and  have 
l)rotits  of  such  business  ;  husband  shall  not  be  liable  for  debts  on  account  of 
such  business.  May  make  contract  in  reference  to  her  personal  and  the  man- 
agement of  her  real  property,  and  her  separate  estate  shall  be  liable  therefor 
•on  judicial  jirocess.  Husband  must  join  in  conveyance  of  her  lands.  She  is 
bound  by  her  covenants  of  title  in  conveyance  of  her  real  estate.  May  not 
incumber  her  sei)ai'ate  property,  acciuired  by  descent,  devise  or  gift,  as  se- 
curity for  any  one.  Is  b(mnd  by  her  contracts  except  as  surety,  but  can  not 
make  any  executory  ccmtract  concerning  her  separate  real  estate,  nor  convey 
<u-  incumber  it  without  her  husband  jcuning  with  her,  or,  where  he  has  aban- 
doned her,  by  permission  of  court.  She  may  charge  her  husband's  real 
■estate  or  personal  property  iov  support,  where  he  has  abandoned  her,  by  de- 
"t-.ree  of  court. 

Mechanics'  Liens. — {See  LlenK.) 

Minors. — ^Persons  under  'Z\  years  of  age  are  minors.  Infant  married 
women  may  join  with  husband  in  deeds  of  liis  jiroperty,  but  not  her  own. 

Mortgages  of  Real  Estate. — ^lust  be  foreclosed  by  civil  action  and  prop- 

•erty  sold  liy  sheriff. — {See  Deedn.) 

Mortgages. — Must  be  recorded  in  county  where  land  is  situated  within 
forty-tive  days  in  order  to  preserve  ])riority.  Chattel  mortgages  must  be  re- 
•irorded  in  county  when^  mortgagor  resides  within  ten  days  after  execution  to 
be  good  as  to  third  parties. 

Notes  and  Bills.--(''^^'<'  />//;.•<  ,>/  Kvchange.) 
Oaths  and  AfB.davits.— ('*^<''^  Affidacitn.) 

Partnerships,— Governed  by  general  law.  Partners  have  no  exemption 
out  of  ])artnersliip  debts  out  oi'  partnership  jiroperty. 

Practice. — In  civil  cases  only  civil  action.  Declaration  filed  in  clerk's 
office.  Summons  sei-ved  ten  days  before  first  day  of  term,  case  stands  for 
trial.  Plaintiff  may  sue  after  lien  begins,  indorsing  on  back  of  his  pleading, 
<lay  for  trial  and  summons  issues  foi'  defendant  to  appoint  that  day,  nf>t  leas 
than  ten,  and  if  summons  served  ten  days  before  such  day.  case  stands  for 
trial.     Code  i)ractice. 

[IikI.  II.! 


INDIANA.  ijo 

Proof  of  Claims. —  I'Iil-  full  name  of  fucli  of  tlie  f'.aiiuants  should  bo  si-iit 
■with  the  claim.  An  itemized  bill  of  piirticiilai's,  the  correetue!ss  of  whieh 
is  sworn  to  by  the  claimant,  or  some  one  in  his  behalf,  is  sufficient  proof  in 
<;ase  of  default  by  the  defendant,  but  not  otherwise.  The  proof  of  claims 
ai;ainst  an  estate  should  contain  the  statement  that  the  proper  amount  is  due 
claimant  ''after  deducting  all  credits  to  which  said  estate  is  entitled  "*  ;  and 
proof  of  claims  against  assignees  should  say  that,  "no  j>art  of  said  claim  is 
for  usurious  interest." — (See forms  under  AiImi/iixtrn(lo>i  and  Affidavits.) 

Recording. — (See  Deeds.  Chattel  Mortgages,  etc.) 

Redemption. — Real  estate  sold  on  foreclosure,  ordinary  judgments  or  other 
decrees,  may  be  retleemed  by  defendant,  or  other  j)erson  interested,  at  any 
time  within  one  year  on^  paying  purchase  money  with  eight  per  cent,  interest 
thereon  to  clerk  of  court  or  to  purchaser,  his  heirs,  etc.  No  redemption  of 
personal  property. 

Replevin.— Owner  may  T)ring  i-eplevin  against  any  one  wrongfully  in  pos- 
session of  his  property.  May  obtain  immediate  possession  on  filing  proper 
affidavit  and  bond,  unless  defendant  give  i>roper  bond  within  twenty-four 
liours.     Ju.stices  have  jurisdiction  if  property  is  worth  $200.  or  less. 

Revision. — Under  present  constitvition  was  of  1852.  Gowen  &  llord,  18G2; 
Davis,  187<),  and  R.  S.  1881. 

Seals. — Not  I'eiiuired  under  our  present  law 

Security  for  Costs. — (See  CoHta,  Semn'ti/fur.) 

Stay  of  Execution.— May  be  had  by  giving  one  or  more  sufficient  freehold 
sureties  ;  in  higher  ctmrts,  on  judgments  not  exceeding  $0,  thirty  days  ;  over 
$t)  and  not  exceeding  $12,  sixty  days  ;  over  $12  and  not  exceeding  $20,  ninety 
days;  over  $20  and  not  exceeding  $40,  120  days  ;  over  $40  and  not  exceed- 
ing $100,  150  days  ;  over  $100,  180  days.  In  justices'  courts,  if  over  $40 
and  under  $75,  150  days  ;  over  $75,  180  days  ;  smaller  annmnts  same  as 
higher  courts. 

Supplementary  Proceedings — Are  allowed  after  execution  issued  upon 
affidavit.  Defendant  is  brought  into  court  and  he  and  others  may  be  ex- 
amined, and  if  any  property  is  discovered  he  may  be  compelled  to  surrender 
it,  to  be  applied  on  debt,  etc. 

Taxes. — All  property,  both  real  and  personal,  is  levied  for  taxes  and  lien 
attaches  on  first  day  of  April  of  each  year.  Taxes  may  be  paid  <me-half 
before  third  Monday  in  April  and  other  half  before  first  Monday  in  Novem- 
ber. Real  property  sold  for  taxes  may  be  redeemed  within  two  years.  Tax 
titles  usually  held  invalid,  and  in  such  case  purchaser  has  lieu  for  money  with 
20  per  cent,  interest  per  annum. 

Trust  Deeds.— Not  used  in  this  state,  as  a  rule. 

Usury.— Taking  forfeits,  excess  over  legal  interest.— (.V<r  Interest.') 

Wages. — Miners,  mechanics,  clerks,  etc.,  in  certain  cases,  have  liens  for. 

Wills. — Must  be  made  in  writing,  attested  by  two  witnesses.     Any  i)erson 
over  21  years,  of  sound  mind,  may  make  a  will. 
[In.  1?  1 


256  INDIANA. 


Form  of  OpciuiKj  and  Cloaiiuj  a  Will. 

In  the  name  of  the  benevolent  Father  of  all,  I,  r,  of  (state  place  of  ro 

sidence),  do  make  and  publish  this  my  last  will  and  testament. 

Item  1. — I  <rive  and  devise  and  bequeath,  etc. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  seal  this da>- 

of ,  18 — .  {Sigtiatnre.) 

AVITNESSES   ATTEST. 

Signed  and  acknowledfted  by  said as  his  last  will  and  testament  in 

our  i)resence,  and  signed  by  us  in  Ids  presence,  and  in  the  presence  of  each 
other.  (Sif/natnre.) 

[Two  witnesses  are  necessary.]  {Siij nature.) 

Witnesses. — Cannot  be  compelled  to  attend  in  adjoining  (bounties  unless 
fees  paid  in  advance.    May  be  subpcened  to  appear  in  state. — {See  Evidence.)- 


[ln.l3.] 


INDIANA. 


267 


ATTORNEYS   IN  INDIANA. 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  population. 
PMgurcs  after  names,  when  admitted  to  tlie  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (J)  our  Compiler  of  Laws. 
A  dagger  (t)  former  recommendation  withdrawn. 

NAMES  OF  ATTORNEYS.  POPULA'N 


PLACE. 

COUNTY. 

Albion 

Noble 

Anderson 

Madison 

Angola 

Steuben 

Attica 

Fountain 

Auburn 

De  Kalb 

Aurora 

Dearborn 

Bedford 

Lawrence 

Bloomfield 

Greene 

Bloomington 

Monroe 

Bluffton 

Wells 

Boonville 

Warrick 

Bourbon 

Marshall 

Brazil 

Clay 

Bremen 

Marshall 

Brookville 

Franklin 

Brownstown 

Jackson 

Butler 

De  Kalb 

Cambridge  City 

Wayne 

Cannelton 

Perry 

Charlestown 

Clark 

Cicero 

Hamilton 

Clay  City 

Clay 

Columbia  City 

Whitley 

Columbus 

liartholomew 

Connersville 

Fayette 

Corydon 

Harrison 

Covington 

Fountain 

Crawfordsville 

Montgomery 

Crown  Point 

Lake 

Danville 

Hendricks 

Decatur 

Adams 

Delphi 

Carroll 

Dublin 

Wayne 

Edinburgh 

Johnson 

Elkhart 

Elkhart 

Elwood 

Madison 

Evansville 

Vanderburgli 

Fort  Wayne 

Allou 

S.  E.  Alvord. 

HOWELL  D.  THOMPSON 
f  f  John  K.  Morroxo. 
\  Woodhull  &  Brown. 

C.  R.  Milford. 

JAMES  E.  ROSE,  04. 

W.  S.  Holraan. 

Simpson  Lowe. 

Mottett  &  Davis 

John  H.  Lowden. 

Daily,  Mock  &  Simons. 

Handy,  Armstrong  «fc  Cockrum.  2,000 

Parks  &  Parks. 
^  W.  P.  BLAHi.  '73. 
<!  W.  B.  Schwartz. 

Chas.  H.  GoUetz. 

Samuel  S.  Harrell. 

Api)lewhite  &  Applewhite. 

E.  W.  Fosdick. 
W.  F.  Medsker. 
CHAS.  H.  MASON. 
W.  Watson. 

S  t  L.  0.  Clifford. 
\  Wm.  Neal. 

F.  A.  Horner. 

J.  D.  WURTSBAUGH,  '80. 
Stansitbr  &  Baker, 
Clavpool  &  Son 

G.  W.  Self. 
Schwin  &  Bove. 
John  H.  Burford, 
W.  C.  McMahan. 
T.  S.  Adams. 
France  &  Merriman. 
Odcll  &  Ryan. 
Jasjicr  Holland. 
James  H.  Dorsey. 
J.  M.  Vanfleet. 
Ballard  &  Greenlee. 

^  X  Hon.  Charles  L.  Wedding, 

'(  :521  Upper  M  St 

Sec  Card  in  Appendix,  page  ix. 

<«  Charles  M.  Dawson,  '76. 
'(  N.  C.  MILLER,  '55. 


926 
4,126 

1,280 

2,150 
i,54;j 
4,434 
2,198 
1,200 
3,400 
2,851 


1,200 

3,441 

1,028 
2,000 
1,000 
1,800 
2,320 
1,834 
1,108 

1,000 

1,000 
2,244 
6,000 
5,000 
1,000 
1,920 
5,251 
1,709 
1,598 
3,500 
2,127 
1,079 
1,815 
10,000 
1,500 

29,280 


23,880 


258 


INDIANA. 


NAMES   OP    ATTORNEYS.     POPULA'N. 


C  BllOWN  &  BROWN. 

Towler 

Benton 

<  Geo.  Wadsworth,  '77. 
(  U.  F.  WILEY,  '74. 
r  JOHN  Q.  BAYLESS. 

969 

Frankfort 

Clinton 

■!  E.  M.  Page. 

Lt^.  TT'":  Merritt. 

2,803 

Franklin 

Johnson 

Oyler  &  Johnson. 

4,000 

Garrett 

De  Kalb 

L.  Covell. 

1,000 

Goshen 

Elkliait 

S  Wilson  (H.  D.)  &  Davis 

t                                   (W.  J.) 

4,153 

Greencastle 

Putnam 

Grooms  &  McGlary. 

5,500 

Greenfield 

Ilaniock 

ADAMS  L.  OGG. 

3,013 

Greensburgh 

Decatur 

Miller  &  Gavin. 

3,138 

Greeutowii 

Howard 

]\r.  H.  Lindley. 

236 

Ha^-erstown 

Wayne 

B.  E.  Mason. 

1,000 

Hartford  City 

lUac'kCord 

B.  G.  Shinn.* 

1,471 

Huntington 

Huntington 

JAS.  M.  HILTEBRAND,  '78. 

3,863 

Independence 

Warren 

Arthur  E.  Yount,  '80. 

205 

Indianapolis.       Maeion 

County.        Population,  75,054. 

McMaster  &  Boice,  18 J-  N.  INIeridian  St.     Ref.,  Indiana  Na- 
tional Bank,  Indianapolis. 

McMaster,  John  L. 

Boice,  Augustin. 
Morris  &  Newberger,  Fletcher  &  Sharpe's  Bank  Building. 

JMorris,  Nathan. 

Newberger,  Louis. 


Jamestown 

Boone 

Jasper 

Dubois 

Jeffersonville 

Clark 

Kendallville 

Noble 

Kentland 

Neuton 

Knightstown 

Henry 

Knox 

Starke 

Kokomo 

Howard 

Ladoga 

Montgomery 

La  Fayette 

Tippecanoe 

Lagrange 

Lagrange 

La  Porte 

LaPorte 

Lawrenceburgh 

Dearborne 

Leavenworth 

C'rawford 

Lebanon 

Boone 

Liberty 

Union 

Ligoneir 

Noble 

Logansport 

Cass 

Madison 

.Tefterson 

Marion 

Grant 

Martinsville 

Morgan 

Michigan  City 

La  Porte 

Mishawaka 

St.  Joseph 

Monticello 

White 

^looresville 

Morgan 

Mt.  Vernon 

Posey 

Muncie 

Delaware 

W.  J.  Darnell. 

1,000 

Taylor  &  Hunter. 

2,000 

S.  S.  Johnson. 

9,359 

R.  P.  Barr. 

2,373 

JOHN  II.  ASH,  "55. 

982 

C.  D.  Morgan. 

2,500 

George  W.  Beeman, 

800 

D.  A.  WOODS. 

4,500 

.Tames  F.  Harney. 

1,300 

George  B.  Chamberlain. 

14,862 

See  Card  in  Appendix,  page  xxix 

J.  M.  KENNEDYS 

1,367 

Frank  E.  Osbom,  '80. 

6,195 

Roberts  »fc  Stapp. 

4,650 

J.  L.  Suddarth. 

1,000 

Harrison  &;  Higgins. 

3,500 

J.  W.  Connaway. 

2,000 

Geo.  W.  Best. 

2,010 

JOHN  G.  MECK. 

■John  C.  McGregor. 
■  ■  Frank  Stcigart. 

14,000 

J.  Y.  ALLISON,  '46. 

8,945 

JOHN  T.  STRANGE. 

182 

W.  S.  Shirley. 

1,943 

Thonton  &  Orr. 

7,358 

John  Dixon. 

2,640 

Guthrie  &  Bushnell. 

1,193 

James  M.  Bishop. 

1,000 

L.  M.  Wade. 

8,738 

J.  T.  Walterhouse. 

5,219 

INDIANA. 

PLACE. 

COUNTY. 

NAMES   OF   ATTORNEYS.      P( 

Nashville 

Brown 

NELSON  H.  FRANKLIN, 

New  Albany 

Floyd 

LaFollett  &  Tulev. 

NowljUFi;!) 

Warriek 

W.  T.  Lewis. 

New  Castle 

Henry 

D.  W.  Kinsey, 

New  Harmuiiy 

Posey 

E.  D.  Owen. 

Newport 

Vermillion 

Conley  >fc  Sawyers. 

Noblesville 

Hamilton 

Kane  &  Davis. 

North  Manchester 

Wabash 

B,  F.  Clemans. 

North  Vernon 

Jennings 

J.  Overmver. 

Paoli 

Orange 

Wm.  J.  Throop. 

Peru 

3[iami 

Brown  &  Antrim. 

Petersburg!! 

Pike 

J.  W.  Wilson. 

Pierceton 

Kosciusko 

John  F.  Logan. 

Plainfiekl 

Hendricks 

W.  H.  Edmands. 

Pljmiouth 

]Vlarshall 

CORBIN  &  CORBIN. 

Portland 

Jay 

t  L.  I.  Baker. 

Princeton 

Gibson 

LAND  &  GAMBLE. 

Renssellaer 

Jasper 

HAMMOND  &  AUSTIN. 

Richmond 

Wayne 

Chas.  C.  Binckley. 

Rising  Sun 

Ohio 

D.  S.  Wilber. 

Rochester 

Fulton 

MILO  R.  SMITH,  'GO. 

Rockport 

Spencer 

Thos.  E.  Snyder. 

RockviUe 

Parke 

Henry  Daniels. 

Rushville 

Pvush 

F.  J.  Hall. 

Salem 

Washington 

F.  L.  Prow. 

Scottsburgh 

Scott 

Mark  Storen. 

Seymour 

Jaekson 

Daniel  H.  Long,  '75. 

Shelbyville 

Shelby 

Adams  &  Michener. 

Sheridan 

Hamilton 

David  Patty. 

Shoals 

Martin 

James  H.  Brennan,  '80. 

South  Bend 

St.  Joseph 

John  A.  Hibberd. 

Spencer 

Owen 

James  W.  Archer. 

Sullivan 

Sullivan 

John  C.  Chaney. 

Thayer 

Newton 

JOHN  D.  LINK. 

Tell  City 

Perry 

J.  T.  Patrick. 

Terre  Haute 

Vigo 

R.  H.  CATLIN. 

Thorntowu 

Boone 

Samuel  M.  Bark. 

Tipton 

Tipton 

J.  W.  Robinson. 

Union  City 

Randolph 

Bell  &  Ross. 

Valparaiso 

Porter 

A.  D.  Bartholomew. 

Vevay 

Switzerland 

T.  LIVINGS. 

Vincennes 

Knox 

W.  0.  Johnson. 

"Wabash 

■  Wabash 

NELSON  G.  HUNTER. 

Warsaw 

Kosciusko 

f  Gats/tall  &  Weaver. 

Washington 

Daviess 

J.  W.  Burton. 

Waterloo 

De  Kalb 

W.  H.  Lease. 

Williamsport 

Warren 

John  G.  Pearson. 

Winamac 

Pulaski 

Spangler  &  Steis. 

Winchester 

Randolph 

Thompson  &  March. 

'Worthintjton 

Green 

H,  C,  Shaw. 

259 
popula'n. 

76.    400 

10,4^2 

1,283 

2  229 

1,'200 

600 
2,221 
1,589 
2,500 

800 
5,285 
1,500 
1,100 
1,000 
2,571 
2,500 
2,569 

912 
14,74:5 
1,806 
1,869 
2,500 
1,684 
2,511 
1,650 

700 
5,000 
3,745 

600 

900 

13,297 

1,665 

2,166 

2,500 
26,040 
1,550 
1,550 
6,000 
4,461 
2,000 
15,000 
3,080 
3,123 
6,000 
1,376 
1.350 
1,500 
2,500 
1,800 


260 


INDIANA. 


BANKS  IN   INDIANA, 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  of  one 
bank  in  each  county  of  this  state  in  which  such  a  banking  institution  is  located. 


PAID  UP 

PLACE. 

NAME   OF   BANK. 

CASHIER. 

CAPITAL. 

Albion 

Bank  of  Albion 

Flora  B.  Clapp. 

10,000 

Anderson 

Citizens'  Bank 

(N.  C.  McCullough&Co)  50,000. 

Angola 

Kinney  &  Co 

John  J,  Kinney 

100,000 

Auburn 

First  National  Bank 

W.  H.  Mclntyre. 

50,000 

Bedford 

Bedford  Bank 

W.  P.  Malott. 

100, 000' 

Bloomfield 

Bloomfield  Bank 

O.  W.  Shryer. 

35,000 

Bloomington 

First  National  Bank 

Walter  E.  Woodburn. 

120,000 

Boonville 

Boonville  National  Bank 

E.  W.  Bethell. 

50,000 

Brazil 

Brazil  Bank 

(Chas.  S.  Andrews.) 

50,000 

Columbus 

First  National  Bank 

L.  K.  Ong. 

100,000 

Connersville 

((                 ((                 a 

Charles  Mount. 

100,000 

Corydon 

Applegate  &  Slemmons 

W.  B.  Slemmons. 

53,500 

Covington 

Citizens'  Bank 

Geo.  K.  McComas. 

25,000 

Crawfordsville 

First  National  Bank 

S.  W.  Austin. 

100,000 

Crown  Point 

((             ((             <( 

W.  C.  Murphey. 

50,000 

Danville 

((             <<             (( 

Benj.  F.  Thomas. 

82,500 

Decatur 

Adams  County      " 

Wm.  H.  Niblick. 

75,000 

Delphi 

Citizens'  Bank 

Robt.  E.  Moore. 

33,100 

Evansville 

First  National  Bank 

Jas.  H.  Cutler, 

500,000 

Fort  Wayne 

"            "            " 

Lem.  R.  Hartman. 

300,000 

Frankfort 

a                a                u 

David  P.  Barnes. 

200,000 

Franklin 

Franklin  " 

E.  C.  Miller. 

190,000 

Gosben 

City  National  Bank 

Thos.  H.  Daily. 

77,000 

Greencastle 

First  National  Bank 

Jerome  Allen. 

125,000 

Greenfield 

Citizens'     ''           " 

J.  B.  Simmons. 

50,000 

Greensburg 

First 

E.  R.  Forsyth. 

120,000 

Hartford  City 

(Citizens'                  " 

E.  M.  Stahl. 

25,000 

Huntingdon 

First  National  Bank 

Sarah  F.  Dick. 

100,000 

Indianapolis 

i(                 i.              a 

John  C.  McCutcheon. 

500,000 

Jasper 

Dubois  County  State  Bank 

James  M.  Barton. 

25,000 

.Teftersonville 

First  National  Bank 

Hiram  E.  Heaton. 

150,000 

Kentland 

Discount  and  Deposit  B'k 

John  Ade. 

20,000 

Knox 

Knox  Bank 

Alex.  H.  Henderson. 

25,000 

Kokomo 

Howard  National  Bank 

John  J.  Jay. 

100,000 

La  Fayette 

First  National  Bank 

H.  W.  Moore. 

250,000 

La  Grange 

a                  a               a 

John  M.  Preston. 

05,000 

La  Porte 

(I                  ((               (1 

L.  G.  Erb. 

100,000 

Lawrcnceburg 

People's    "           " 

P.  Braun. 

110.000 

Lebanon 

First 

Wcs.  Lane. 

75,000 

Liberty 

Union  County  Nat  Bank 

H.  Husted. 

50,000 

Logansport 

First  National  Bank 

Wm.  W.  Ross. 

2:50,000 

Madison 

i(                   a                .1 

Thos.  A.  Pogue. 

1()0,.')0() 

Martinsville 

((                  .i               a 

C.  A.  McCracken. 

70,000 

Monticello 

Citizens'  Bank 

William  E.  McLean. 

5,000 

INDIANA. 


261 


PAID   UP 

n-ACE. 

NAME   OF    BANK, 

CASIIIEll.                     ( 

CAPITAL. 

Mt  Vernon 

First  National  Bank 

E.  W.  Rosenkrans. 

100,000 

3Iuncio 

Citizens  National  Bank 

W.  M.  Marsh. 

100,000 

New  Albany 

First  National  Bank 

S.  A.  (Julbertson. 

o00,000 

New  Castle 

i(                   ,i                a 

E.  B.  Phillips. 

100.000 

Newport 

CoUett  &  Co 

S.  S.  CoUett,  Gen.  M(ji 

•.     27.000 

Xoblesville 

Citizens'  Bank 

W.  E.  Dunn. 

50,0(10 

Peru 

First  National  Bank 

R.  A.  Edwards. 

100,000 

Petersburg 

Citizens'  State  15ank 

Emmet  M.  Smith,  Aasl 

;.     25,000 

Plymouth 

First  Nat  Bk  of  Marshall  Co 

.Tames  A.  Gillmore. 

50,0(.0 

Portland 

Citizens'  Bank 

.1.  B.  Jaqua, 

«0,00O 

Princeton 

People's  National  Bank 

A.  E.  Lewis,  Asst. 

50,000 

llenssellaer 

A.  McCoy  &  C;o 

E.  L.  HoUingsworth. 

:!0,00() 

liichniond 

First  National  Bank 

.T.  F.  Reeves. 

200,000 

Rising  Sun 

Nat  Bank  of  Rising  Sun 

.1.  N.  Perkins. 

100,000 

Rochester 

Rochester  Bank 

A.  C.  Copeland. 

30,000 

Rockport 

Rockport  Bank 

W.  T.  Mason. 

45,000 

Rockville 

NationatBank  of  Rockville  S.  L.  McCune. 

100,000 

Rushville 

Rush  County  National  B"k 

E.  D.  Pugh. 

100,000 

Salem 

Bank  of  Salem 

J.  F.  Persisee. 

55,000 

Shelbyville 

First  National  Bank 

John  A.  Young. 

100,000 

South  Bend 

4>                                 ((                            li 

C.  A.  Kimball. 

105,000 

Spencer 

Beem,  Peden  &  Co 

50,000 

Sullivan 

Sullivan  County  Bank 

Geo.  R.  Dutton. 

69,500 

Terre  Haute 

First  National  Bank 

H.  S.  Deming. 

200,000 

Tipton 

Tipton  County  Bank 

E.  H.  Shirk,  Jr. 

60,000 

Valparaiso 

First  National  Bank 

E.  Ball. 

100,000 

Vernon 

State  Bank  of  Jennings  Co 

Jas.  W.  Hill. 

25,000 

Vevay 

First  National  Bank  " 

William  Hall. 

50,000 

Viucennes 

"             '•           " 

Jos.  L.  Bayard. 

100,000 

Wabash 

'•             "           •' 

Francis  W.  Morse. 

75,000 

Warsaw 

State  Bank  of  Warsaw 

P.  L.  Runyan. 

100,000 

Washington 

Washington  National  Bank  Richaid  R.  Read. 

50,000 

Winamac 

Bank  of  Winamac 

W.  H.  Bouslog. 

10,000 

Winchester 

Rudolph  County  Bank 

S.  D.  Coats. 

100,000 

STATE  OF 

IOWA. 

SUMMARY   OF 

CoLLKCTioN    Laws. 

Court  Calendar,  Instkttctions  for  taking  Depositions,  Legal  Forms,  Etc, 

Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "  Showers' 

Legal  Directory  and  Merchants'  Gttide."  for  1888,  by 

BY  RUNNELLS  &  WALKEK  OF  THE  DES  MOINES  BAR. 

Accounts. — In  suits  on  accounts,  the  items  on  the  account  must  be  set  out 
in  a  bill  of  particulars,  and  in  case  of  failure  so  to  do,  the  petition  is  subject 
to  demurrer  for  this  defect ;  but  when  set  out  as  above  required,  and  duly- 
verified,  if  the  defendant  fails  to  appear,  or  appearing,  fails  to  controvert  the 
items  or  any  portion  thereof,  by  pleading  duly  verified,  then  the  account,  or 
such  portion  thereof  as  is  not  controverted,  is  taken  to  be  true.  Actions  on 
accounts  are  barred  at  the  end  of  five  years  from  the  date  of  the  last  item, 
but  the  account  does  not  draw  interest  until  six  months  from  the  date  of  the 
last  item,  and  after  this  it  draws  interest  at  six  per  cent. 

Acknowledgments. — Any  conveyance  by  which  real  estate  in  Iowa  is  con- 
veyed or  encumbered,  if  acknowledged  within  this  state,  must  be  so  acknow- . 
ledged  before  some  court  having  a  seal,  or  some  judge  or  clerk  thereof,  or 
some  justice  of  the  peace  or  notary  public.  When  made  or  acknowledged 
out  of  the  state,  but  within  the  United  States,  it  must  be  acknowledged  before 
some  court  of  record  or  officer  holding  the  seal  thereof,  or  before  some  com- 
missioner appointed  by  the  governor  of  this  state  to  take  the  acknowledg- 
ment of  deeds,  or  before  some  notary  public  or  justice  of  the  peace ;  and 
when  made  by  a  justice  of  the  peace,  a  certificate  vxnder  the  official  seal  of 
the  proper  authority,  of  the  official  character  of  said  justice,  and  of  his  au- 
thority to  take  such  acknowledgment,  and  of  the  genuineness  of  his  signa- 
ture must  accompany  this  certificate  of  acknowledgment.  When  made  or 
acknowledged  without  the  United  States,  it  maybe  acknowledged  before  any 
embassador,  minister,  secretary  of  legation,  consul,  charge  d'  affairs,  con- 
sular agent,  or  any  other  officer  of  the  United  States,  in  a  foreign  country, 
who  is  authorized  to  issue  certificates  under  the  seal  of  the  United  States.  It 
may  also  be  acknowledged  or  proven  before  any  officer  of  a  foreign  country, 
who  is  authorized  by  the  laws  thereof,  to  certify  to  the  acknowledgment  of 
written  documents  ;  but  a  certificate  of  acknowledgment  by  a  foreign  officer 
must  be  authenticated  by  one  of  the  above  named  officers  of  the  United 
States,  whoso  official  written  statement,  that  full  faith  and  credit  is  due  to 
the  certificate  of  such  foreign  officer,  shall  be  deemed  sufficient  evidence  of 
the  qualification  of  said  officer  to  take  the  acknowledgment,  and  to  certify 
thereto,  and  of  the  genuineness  of  his  signature  or  seal,  if  he  have  any.  The 
court  or  officer  taking  the  acknowledgment,  must  endorse  upon  the  deed  or 
,  [Iowa.  1.] 


IOWA.  263 

other  instrument,  a  certificate  setting  forth  the  following  particulars :  1st. 
The  title  of  the  court  or  jjcrson  before  whom  the  acknowledgment  is  taken  ; 
2d.  That  the  person  making  tlie  acknowledgment  was  personally  known  to 
at  least  one  of  the  judges  of  the  court,  or  to  the  officer  taking  the  acknowl- 
edgment, to  be  the  identical  perst)n  whoso  name  is  affixed  to  tlie  deed  as 
grantor,  or  that  such  identity  was  proved  by  at  least  one  credible  witness, 
naming  him  ;  3d.  That  such  person  acknowledged  the  instrument  to  be  his 
voluntary  act  and  deed  ;  witnesses  are  not  required. 


Forms  of  Acknoicledgment. 


State  of 


County  op 

On  this day  of ,  A.  D.  188 — ,  before  me. 


and  for  said  county,  personally  came ,  personally  to  nie  known  to  be 

the  identical  person  (or  persons)  whose  name  (or  names)  is  (ai"e)  affixed  to 
the  above  instrument,  as  grantor  (or  grantors),  and  acknowledged  (and  sev- 
erally acknowledge)  the  execution  of  the  same  to  be  his  (her  or  their)  volun- 
tary act  and  deed,  for  the  ]>urposes  therein  expressed. 

Witness  mjs  hand  and  official  seal  the  date  last  above  written, ,  No- 
tary Public,  in  and  for  the  county  of ,  and  state  of ,  (or  other 

title  of  the  officer  taking  the  acknowledgment,  whatever  it  may  be.) 

Actions. — Remedies  in  civil  cases  are  divided  into  actions  and  special  pro- 
ceedings. All  forms  of  actions  are  abolished,  but  the  proceedings  in  a  civil 
action  may  be  of  two  kinds,  ordinary  or  equitable.  The  plaintiff  may  prose- 
cute his  action  by  equitable  proceedings,  in  all  cases  where  courts  of  equity, 
before  the  adoption  of  the  code  of  1873  had  jurisdiction,  and  must  so  proceed 
in  all  cases  where  jurisdiction  was  exclusive.  An  action  f)n  a  note,  together 
with  a  mortgage  or  deed  of  trust  for  the  foreclosure  of  the  same,  must  be  by 
equitable  proceedings.  An  action  on  a  bond  or  note  alone,  without  regard 
to  the  mortgage,  must  be  by  ordinary  proceedings'.  An  action  for  a  mechan- 
ics' lien  must  be  by  equitable  proceedings,  and  no  other  cause  of  action  can 
be  joined  with  it.  An  action  for  a  divorce  must  be  by  equitable  pro- 
ceedings, and  no  cause  of  action  save  for  alimony  can  be  joined  with  it. 
Actions  by  sureties,  and  by  occupying  claimants,  and  on  a  lost  note 
or  bond  may  be  by  ordinary  i^roceedings.  In  all  other  cases,  the  plain- 
tiff must  prosecute  his  action  by  ordinary  proceedings,  except  in  certain 
instances  where  a  special  proceeding  is  provided  for,  and  which  need  not  be 
mentioned  in  this  summary.  An  error  of  the  plaintiff  as  to  the  kind  of  pro- 
ceedings adopted,  does  not  cause  the  abatement  or  dismissal  of  the  action, 
but  merely  a  change  into  the  proper  proceedings,  and  a  transfer  of  the  ac- 
tion to  tlie  pi'oper  docket.  All  causes  of  action  survive,  and  may  be  brought 
notwithstanding  the  death  of  the  person  entitled  or  liable  to  the  same.  The 
right  of  civil  remedy  is  not  merged  in  a  i)ublic  ollence,  but  may,  in  all  cases 
be  enforced  independently  of,  and  in  addition  to  the  latter.  When  l)y  its 
terms  a  written  contract  is  to  be  performed  in  any  particular  place,  action 
for  breach  thereof  may  be  brought  in  the  county  w'uerein  such  place  is  situa- 
ted. An  action  may  be  brougiit  against  any  cori)oration,  company,  or  person 
engaged  in  the  construction  of  a  railway,  telegraph  line  or  canal,  on  any  con- 
tract relating  thereto,  or  to  any  part  thereof,  or  for  damages  in  any  manner 
growing  out  of  the  work  thereon,  in  any  county  wliere  such  contract  was 
made  or  performed  in  whole  or  in])art,  where  the  work  was  done  out  of  which 
arose  the  damage  claimed.  When  a  corporation,  company  or  individual  has 
an  office  or  agency  in  any  county,  for  the  transaction  of  business,  any  suits 
growng  out  of  or  connected  with  the  business  of  that  office  or  agency,  may 
be  brought  in  the  county  where  such  office  or  agency  is  located.  Actions  in 
a  court  of  record  are  commenced  by  serving  the  (lefendant  with  a  notice 
signed  by  the  plaintiff  or  his  attorney,  informing  the  defendant  of  the  name 
of  the  plaintiff,  and  that  on  or  before  a  date  therein  named,  a  petition  will  be 
[Iowa.  2.] 


264  IOWA. 

filed,  in  the  office  of  the  clerk  of  the  court  wherein  suit  is  brought^  naming  it, 
and  stating  in  general  tenns  the  cause  or  causes  of  action  ;  and  if  the  action 
is  for  money,  the  amount  thereof,  and  that  unless  he  appears  thereto,  and 
defends  before  noon  of  the  second  day  of  the  term  at  which  defendant  is  re- 
quired to  appear,  naming  it,  default  will  be  entered  against  him  and  judg- 
ment rendered  thereon.  If  the  petition  be  not  filed  before  the  date  thus 
fixed,  and  ten  days  before  the  term,  the  action  will  be  deemed  to  be  discon- 
tinued. The  notice,  if  the  defendant  be  served  within  the  county  where  suit 
is  brought,  must  leave  ten  days  between  the  date  of  service  and  the  first  day 
of  the  next  term.  Actions  before  justices  of  the  peace,  may  in  all  cases  be 
brought  in  the  township  where  the  jjlaiutiff  or  defendant,  or  one  of  several 
defendants  reside  ;  they  may  also  be  brought  in  any  other  township  of  the 
same  county;  if  actual  service  on  one  or  more  of  the  defendants  is  made  in 
such  township.  Actions  in  justices'  courts  are  commenced  by  voluntary  ap- 
pearance or  by  notice  ;  and  when  by  notice,  no  petition  need  be  filed,  except 
where  the  petition  must  be  sworn  to  ;  but  the  notice  must  state  the  cause  of 
action  in  general  tenns,  and  must  state  the  amount  for  which  plaintiff  will 
take  judgment,  if  defendant  fail  to  appear  and  answer  at  the  time  and  place 
fixed,  and  the  time  thus  fixed  in  the  notice  must  not  be  more  than  fifteen 
days  from  the  date  of  the  notice,  and  the  notice  must  be  served  not  less  than 
five  days  previous  to  trial.  The  defendant  may  at  anytime,  pay  to  the  officer 
having  the  process,  or  to  the  justice  of  the  peace,  the  amount  of  the  claim, 
together  with  the  costs  which  have  then  accrued,  and  thereupon  proceedings 
must  cease.  Executions  for  tlie  enforcement  of  judgments  in  a  justices' 
court,  may  be  issued  at  any  time  within  ten  years  from  the  entry  of  the  judg- 
ment, but  not  afterwards.  Appeals  may  be  taken  from  the  judgment  of  a 
justice  to  the  district  court  of  the  county,  within  twenty  days  after  the  ren- 
dition of  the  judgment.  Any  judgment  for  over  twenty-five  dollars  may  be 
appealed  from. 

Administration  of  Estates  of  Deceased  Persons.— Where  an  executor  is 
not  appointed  by  will,  administration  is  granted  :  1st,  to  the  wife  of  the  de- 
ceased ;  2d,  to  his  next  of  kin  ;  'Sd,  to  his  creditors  ;  4th,  to  any  person  whom 
the  court  may  select.  Individuals  belonging  to  the  same  or  different  classes 
may  be  united  as  administrators  whenever  such  course  is  deemed  expedient. 
To  each  of  the  above  classes  in  succession,  a  period  of  twenty  days  com- 
mencing with  the  burial  of  the  deceased,  is  allowed  within  which  to  apply 
for  administration  upon  the  estate.  When  from  any  cause  general  adminis- 
tration cannot  be  immediately  granted,  one  or  more  sjiecial  administrators 
may  be  appointed  to  collect  and  preserve  the  property  of  the  deceased.  No 
appeal  from  the  appointment  of  such  administrators  prevents  their  proceed- 
ing in  the  discharge  of  their  duties.  They  must  make  and  file  an  inventory 
of  the  property  of  the  deceased  in  the  same  manner  in  all  respects 
as  is  re<iuired  of  general  administrators,  and  must  presence  the  prop- 
erty from  injury.  For  this  purpose  they  may  do  all  needful  acts  under  the 
direction  of  the  court,  but  can  take  no  steps  in  the  relation  of  the  allowance 
of  claims  against  the  estate.  Ui>on  the  granting  of  full  administration,  the 
powers  of  the  special  administrators  ceases,  anrl  all  the  business  is  trans- 
ferred to  the  general  administrator.  Every  administrator  before  entering  on 
the  discharge  of  liis  duty,  must  give  bond  in  such  penalty  as  may  be  re- 
quired, to  be  approved  by  the  clerk,  conditioned  for  the  faithful  discharge  of 
the  duties  imposed  on  him  by  law,  according  to  the  best  of  his  ability.  He 
must  also  take  and  subscribe  an  oath,  the  same  in  substance  as  the  condition 
of  the  bond,  which  oath  and  bond  must  be  filed  with  the  clerk.  New  bonds 
may  be  required  by  tlie  court  to  Ix;  given,  and  in  a  new  penalty  and  with 
new  sureties  whenever  deemed  expedient.  After  the  filing  of  the  bond,  the 
clerk  must  issue  letters  of  administration,  under  the  seal  of  the  court,  giv- 
ing the  administrator  the  power  authorized  by  law.  The  administrator  first 
a])pointed  and  qualified  for  the  settlement  of  an  estate,  must  within  ten  days 
after  tlie  receipt  of  his  letters,  publish  such  notice  of  his  appointment  as  the 

[Iowa,  -i.] 


IOWA.  265 

KJOurt  or  the  clerk  may  direct ;  which  direction  is  imlorscd  on  the  letters  when 
issued.  Athninistratiou  cannot  be  originally  granted  after  the  lapse  of  tivo 
jears  from  the  death  of  the  deceased,  or  from  the  time  his  death  was  known, 
in  case  he  died  ont  of  the  state.  If  administration  of  the  estate  of  a  de- 
t;eased  non-resident  has  been  granted  in  accordance  with  the  laws  of  the 
state  or  conntry  where  he  resided  at  the  time  of  his  death,  the  person  to 
whom  it  has  been  connnitted,  may,  upon  his  application,  and  upon  qualify- 
ing himself  in  the  same  manner  as  is  recpiired  of  other  executors,  be  ap- 
pointed to  administer  upon  the  property  of  the  deceased  in  this  state,  unless 
another  has  been  previoiisly  appointed.  The  original  letters,  or  other 
authority  conferring  his  power  upon  such  administrator,  or  an  attested  copy 
thereof,  mu.st  be  filed  with  the  clerk  of  the  jn'oi^er  court  before  such  appoint- 
ment can  be  made. 

Affidavits. — As  defined  by  our  code,  an  affidavit  is  a  written  declaration 
under  oath,  made  without  notice  to  the  adverse  party.  An  affidavit  may  be 
inade  within  or  without  this  state  before  any  person  authorized  to  administer 
oaths.  Affidavits  taken  out  of  the  state  before  any  judge  or  clerk  of  a 
court  of  record,  or  before  a  notary  public,  or  a  commissioner  appointed  by 
the  governor  of  this  state  to  take  acknowledgment  of  deeds  in  the  state 
where  such  affidavit  is  taken,  are  of  the  same  credibility  as  if  taken  within 
the  state.  When  a  person  is  desirous  of  obtaining  the  affidavit  of  another 
who  is  unwilling  to  make  the  same  fully,  he  may  ai)ply  to  any  officer  com- 
petent to  take  the  depositions  as  herein  declared,  by  petition,  stating  the  ob- 
ject for  which  he  desires  the  affidavit.  If  such  officer  is  satisfied  that  the 
object  is  legal  and  proper,  he  must  issue  his  subpoena  to  bring  the  witness 
before  him,  and  if  he  fails  then  to  make  a  full  affidavit  of  the  facts  within 
his  knowledge  to  the  extent  required  of  him  by  the  officer,  the  latter  may 
proceed  to  take  his  deposition  by  question  and  answer  in  writing  in  the  visual 
way,  which  deposition  may  afterwards  be  used  instead  of  an  ordinary  affida- 
vit. The  officer  thus  applied  to  may,  in  his  discretion  require  notice  of  the 
taking  of  such  affidavit  or  deposition  to  be  given  to  any  other  person  inter- 
ested in  the  subject  matter,  and  allow  him  to  be  present  and  cross-examine 
such  witness.  The  court  or  officer  to  whom  any  affidavit  is  presented  as  a 
basis  for  some  action,  in  relation  to  which  any  discretion  is  lodged  with  such 
court  or  officer,  may,  if  deemed  proper,  require  the  witness  to  be  brought 
before  some  proper  officer  and  subjected  to  cross-interrogatories  by  theoppo- 
.site  party.  Publicati<jns  required  by  law  to  be  made  in  a  newspaper,  niay  be 
proved  by  the  affidavit  of  any  person  having  knowledge  of  the  fact,  specify- 
ing the  times  when,  and  the  paper  in  which,  the  publication  was  made.  But 
such  affidavit  must  be  made  within  six  months  after  the  last  day  of  publica- 
tion. The  posting  uj)  or  service  of  any  notice  or  other  i)aper  required  by 
law,  may  be  proved  by  the  affidavit  of  any  competent  witness  attached  to  a 
copy  of  said  notice  or  paper,  and  made  within  six  months  of  the  time  of  such 
posting  up.  Any  other  fact  which  is  required  to  be  shown  by  affidavit,  and 
which  may  be  rei^uired  for  future  use  in  any  action  or  other  proceeding,  may 
be  proved  by  pursuing  the  course  above  indicated,  as  nearly  as  the  circum- 
stances of  the  case  will  admit.  Such  proof  so  made  may  be  perpetuated  and 
preserved  for  future  use  by  filing  the  papers  above  mentioned  in  the  office  of 
the  clerk  of  the  court.  And  the  original  affidavit  appended  to  the  notice  or 
])aper,  if  there  be  (me,  and  if  not,  the  affidavit  by  itself,  is  i^resumptive  evi- 
'dence  of  the  facts  stated  therein,  but  does  not  preclude  other  modes  of  i>roof 
now  held  sufficient. 

Aliens. — Aliens,  whether  they  reside  in  the  United  States  or  any  foreign 
C(^mutry,  may  acquire,  hold,  and  enjoy  i)roperty  ;  and  may  convey,  devise, 
mortgage,  or  otherwise  encumber  the  same,  in  like  manner  and  with  the 
same  effect,  as  citizens  of  the  state.  The  title  to  any  land  heretofore  con- 
veyed or  transferred  by  devise  f)r  descent,  shall  not  bo  (luestioned  or  in  any 
manner  affected  by  reason  of  the  alienage  of  any  person  through  whom  such 
[Iowa.  4.] 


266  IOWA. 

title  may  have  been  derived.  The  widow  of  a  non-resident  alien  is  entitled 
to  the  same  rights  in  the  property  of  her  husband  as  a  resident,  except  as 
against  a  purchaser  from  the  decedent. 

Appeals. — The  supreme  court  has  appellate  jurisdiction  over  all  judg- 
ments and  decisions  of  all  other  courts  of  record,  as  well  in  case  of  civil  ac- 
tions as  in  proceedings  of  a  special  or  independent  character.  Appeals  from 
the  district  court  may  be  taken  to  the  supreme  court  at  any  time  within  six 
months  from  the  rendition  of  the  judgment  or  order  apjjealed  from,  and  not 
afterward.  But  no  a^jpeal  can  be  taken  in  any  cause  in  which  the  amount  in 
controversy  between  the  parties,  as  shown  by  the  pleadings,  does  not  exceed 
one  hundred  dollars,  unless  the  trial  judge  certify  that  such  cause  involves 
the  determination  of  a  question  of  law  upon  which  it  i«  desirable  to  have  the 
opinion  of  the  supreme  court,  but  this  limitation  does  not  affect  the  right  of 
appeal  in  any  cause  in  which  is  involved  any  interest  in  real  property.  An 
appeal  is  taken  by  the  service  of  a  notice  in  writing  on  the  adverse  party, 
his  agent,  or  any  attorney  who  appeared  for  him  in  the  case  in  the  court  below 
and  also  upon  the  clerk  of  the  court  wherein  the  proceedings  were  had,  stat- 
ing the  appeal  from  the  same,  or  from  some  specific  part  thereof,  defining  it. 
The  notice  of  appeal  must  be  served  at  least  thirty  days,  and  the  cause  filed 
and  docketed  at  least  fifteen  days  before  the  first  day  of  the  next  term  of  the 
supreme  court,  or  the  same  cannot  then  be  tried  unless  by  consent  of  parties. 
If  an  appeal  be  taken  less  than  thirty  days  before  the  term,  it  must  be  so 
filed  and  docketed  before  the  next  succeeding  term.  An  appeal  does  not  stay 
proceedings  on  the  judgment  or  order,  or  any  part  of  it,  unless  the  appellant 
cause  to  be  executed  before  the  clerk  of  the  court  which  rendered  the  judg- 
ment or  order,  by  one  or  more  sufficient  sureties,  to  be  approved  by  such 
clerk,  a  bond  to  the  effect  that  the  api)ellant  shall  pay  to  the  appellee  all 
costs  and  damages  that  shall  be  adjudged  agamst  the  appellant  on  the  ap- 
peal, etc.  If  the  judgment  or  order  is  for  the  payment  of  money,  the  pen- 
alty must  be  at  least  twice  the  amount  of  the  judgment  and  costs.  If  not 
for  the  payment  of  money,  the  penalty  must  be  sufficient  to  save  the  appel- 
lee harmless  from  the  consequences  of  taking  the  appeal.  But  it  must  in  no 
case  be  less  than  one  hundred  dollars. 

Arrest. — Section  19  of  article  1  of  the  constitution  of  Iowa  provides  that 
' '  no  person  shall  be  imprisoned  for  debt  in  any  civil  action  on  mesne  or  final 
process  unless  in  case  of  fraud,"  but  we  have  no  statute  authorizing  impri- 
sonment for  debt  in  any  civil  action,  either  on  mesne  or  final  jirocess,  whether 
in  case  of  fraud  or  otherwise. 

Assignments  and  Insolvency. — There  is  no  insolvency  law  in  Iowa.  No 
general  assignuieut  of  property  by  an  insolvent,  or  in  contemplation  of  in- 
solvency for  the  benefit  of  creditors,  is  valid,  unless  it  be  made  for  the  bene- 
fit of  all  his  creditors,  in  proportion  to  the  amount  of  their  respective  claims, 
and  in  case  of  the  assignment  of  property  for  the  benefitof  all  the  creditors 
of  the  assignor,  the  assent  of  the  creditoi's  is  presumed.  The  debtor  must 
annex  to  such  assignment  an  inventory  under  oath,  of  his  estate,  real  and 
personal,  according  to  his  best  knowledge,  and  also  a  list  of  his  creditors  and 
the  amount  of  their  respective  demands;  but  such  inventory  is  not  conclu- 
sive as  to  tlie  amount  of  the  debtor's  estate,  and  such  assignment  vests  in 
the  assignee  tlie  title  to  any  other  property  belonging  to  the  debtor  at  the 
time  of  milking  the  assignment.  Every  assignment  must  bo  duly  acknowl- 
edged in  the  same  manner  as  a  conveyance  of  real  estate,  and  re(M)rded  in 
the  county  wliore  the  person  making  the  same  resides,  orAvherethe  business 
in  respect  of  wiiich  the  same  is  made,  has  been  carried  on.  The  assignee 
must  also  forthwith  .file  with  the  clerk  of  the  district  of  the  county  where 
such  assignment  is  recorded,  a  true  and  full  inventoiy  and  valuation  of 
the  estate,  under  oath,  so  far  as  the  same  has  come  to  his  knowledge, 
and  must  then  and   there  enter  into  bonds  to  the  clerk,   for  the  use  oC 

riowa.  5.] 


IOWA.  26T 

all  the  creditors,  in  double  the  ainomit  of  the  inventory  and  valnation,  with 
QUO  or  more  sufficient  sureties,  to  be  approved  by  the  clerk,  lor  the  iaithlul 
performanee  of  tho  trust ;  and  the  assignee  may  thereupon  j)roeeed  to  per- 
form any  duty  necessary  to  carry  into  ellect  the  intention  of  the  assignment. 
The  assignee  must  forthwith  give  notice  of  such  assignment  by  a  publication 
in  some  newspaper  in  the  county,  if  any,  and  if  none,  then  in  the  nearest 
county  thereto,  whicli  publication  must  be  continued  at  least  six  weeks,  and 
must  also  forthwith  send  a  notice  by  mail  to  each  creditor  of  whom  he  shall 
be  informeil,  directed  to  their  usual  place  of  residence,  and  notifying  the 
creditors  to  present  their  claims  under  oath,  to  Inm,  within  three  months 
thereafter.  At  the  expiration  of  three  months  from  time  of  first  publishing^ 
notice,  the  assignee  must  report  and  file  with  the  clerk  of  the  court,  a 
true  and  full  list,  under  oath,  of  all  such  creditors  of  the  assignor  as  shall 
have  claimed  to  be  such,  with  a  statement  of  their  claims,  and  also  an  affi- 
davit of  publication  of  notice,  and  a  list  of  the  creditors  with  their  places  of 
residence,  to  whom  notice  has  been  sent  by  mail,  and  the  date  of  mailing 
duly  verified.  Any  person  interested  may  appear  within  three  mouths  after 
the  filing  of  such  report,  and  file  with  said  clerk,  any  exceptions  to  the  claim 
or  demand  of  any  creditor,  and  the  clerk  must  forthwith  cause  notice  there- 
of to  be  given  to  the  creditor,  which  must  be  served  as  in  case  of  original 
notice,  returnable  at  the  next  term,  and  the  court  must,  at  such  term, 
proceed  to  hear  the  proofs  and  allegations  of  the  parties  in  the  premises,  and 
must  render  such  judgment  thereon  as  shall  be  just,  and  may  allow  a  tinal 
by  jury,  upon  the  issue  raised.  If  no  exception  be  made  to  the  claim  of  any 
creditor,  or  if  the  same  have  been  adjudicated,  the  court  must  order  the  as- 
signee to  make,  from  time  to  time,  fair  and  equal  dividends  among  the  credi- 
tors, of  the  assets  in  his  hands,  in  proportion  to  their  claims,  and  as  soon  as 
may  be,  to  render  a  final  account  of  said  trust  to  the  court,  who  may  allow 
such  commissions  to  such  assignee,  in  the  final  settlement,  as  may  be  con- 
sidered just  and  right.  The  assignee  is  at  all  times  subject  to  the  order  and 
supervision  of  the  court  or  judge,  and  the  court  or  judge  may,  by  citation 
and  attachment,  compel  the  assignee  froin  time  to  time,  to  file  reports  of  his 
proceedings,  and  of  the  situation  and  condition  of  the  trust,  and  to  proceed 
in  the  faithful  executian  of  the  duties  reciuired  of  him.  No  assiginnent  can 
be  declared  fraudulent  or  void  for  want  of  any  list  or  inventory,  but  the  court 
or  judge  may,  uj^on  application  of  the  assignee  or  any  creditor,  compel  the 
appearance  in  person  of  the  debtor,  before  the  court  or  judge  forthwith,  or 
at  the  next  term,  to  answer  under  oath,  such  matters  as  may  then  and  there 
be  inquired  of  him,  and  such  debtor  may  then  and  there  be  fully  examined 
under  oath,  as  to  the  amount  and  situation  of  his  estate,  and  tlie  names  of 
the  creditors  and  amounts  due  to  each,  with  their  places  of  residence,  and 
may  compel  the  delivery  to  the  assignee  of  any  property  or  estate  embraced 
in  the  assignment.  The  assignee  must  from  time  to  time,  file  with  the  clerk 
of  the  court,  an  inventory  and  valuation  of  any  additional  property  which 
may  come  into  his  hands  under  such  assignment,  after  the  filing  of  the  first 
inventory,  and  the  clerk  may  thereupon  require  him  to  givo  additional  secu- 
rity. Any  creditor  may  claim  debts  to  become  due,  as  well  as  debts  due,  but 
on  all  del)ts  not  due  a  reasonable  abatement  must  be  made  when  the  same 
are  not  drawing  interest.  All  creditors  who  do  not  exhibit  their  claim 
within  the  term  of  tliree  months  from  the  publir-ation  of  notice,  d;>  not  par- 
ticipate in  t!io  dividendsuntilal'terllie  payment  in  full  of  all  claims  presented 
within  said  term,  and  allowed  by  the  court.  An  assignee  has  as  full  power- 
and  autiiority  to  dispose  of  all  estate,  real  and  personal,  assigned,  as  the 
debtor  had  at  the  time  of  the  assignment,  and  to  sue  for  and  recover  in  the 
name  of  such  assignee,  everything  belonging  or  pertaining  to  said  estate,  and 
generally  to  do  whatsoever  the  debtor  might  have  dime  in  the  premises  ;  but 
no  sale  of  real  estate  belonging  to  said  trust  can  be  made  without  notice 
published  as  in  case  of  sales  of  real  estate  on  execution,  unless  the  court 
shall  order  and  direct  otherwise.  In  case  any  assignee  die  before  the  closing 
of  his  trust,  or  in  case  he  fail  or  neglect  for  the  period  of  twenty  days  after 
the  making  of  any  assignment,  to  file  an  inventory  and  valuation,  and  give. 
[Iowa.  6.1 


268  IOWA. 


bond,  the  district  court  or  any  judge  thereof  of  the  county  where  such  as- 
signment may  be  recorded  on  the  application  of  any  person  interested,  must 
iippoint  some  person  to  execute  the  trust  embraced  in  such  assignment ;  and 
such  person,  on  giving  bond  with  sureties,  as  required  of  the  assignee,  pos- 
sesses all  the  powers  conferred  on  said  assignee,  and  is  subject  to  all  the 
tiuties  imposed,  as  fully  as  though  named  in  the  assignment ;  and  in  case  any 
security  be  discovered  to  be  msufficient,  or  on  complaint  before  the  court  or 
judge  it  shall  be  made  to  api^ear  that  any  assignee  is  guilty  of  wasting  or 
misapplying  the  trust  estate,  the  court  or  judge  may  direct  or  require  addi- 
tional security,  and  may  remove  such  assignee,  and  may  appoint  another  in- 
stead, and  such  person  so  appointed,  on  giving  bond,  has  full  power  to  exe- 
cute such  duties,  and  to  demand  and  sue  for  all  estate  in  tlie  hands  of  the 
person  removed,  and  to  demand  and  recover  the  amount  and  value  of  all 
moneys  or  iiroperty,  or  estate  so  wasted  and  misapplied,  which  he  may  ne- 
glect or  refuse  to  make  satisfaction  for,  from  such  person  and  his  sureties. 

Attachment  Process. — Plaintiff  in  a  civil  action  may  cause  any  property 
of  the  defendant  which  is  not  exempt  from  execution  to  be  attached  at  the 
•commencement  or  during  the  progress  of  the  proceeding,  and  the  proceed- 
ings relative  to  an  attachment  are  deemed  independent  of  the  ordinary  pro- 
•ceedings  and  only  auxiliary  thereto.  The  petition  which  asks  an  attachment 
must,  in  all  cases  be  sworn  to,  and  must' state,  1st,  That  the  defendant  is  a 
foreign  corporation,  or  acting  as  sucli ;  or  2d,  That  he  is  a  non-resident  of 
the  state ;  or  3d,  That  he  is  about  to  remove  his  property  out  of  the  state, 
without  leaving  svifficient  remaining  for  the  payment  of  his  debts  ;  or  4th. 
That  ho  has  disposed  of  his  property,  in  whole  or  in  part,  with  intent  to  de- 
fraud his  creditors  ;  or  5th,  That  the  defendant  is  about  to  dispose  of  his 
property  with  intent  to  defraiid  his  creditors  :  or  6th.  That  he  has  absconded 
so  that  the  ordinary  process  cannot  be  served  upon  him  ;  or  7th,  That  he  is 
about  to  remove  permanently  out  of  the  county,  and  has  property  therein, 
not  exempt  from  execution,  and  that  he  refuses  to  pay  or  secure  the  plain- 
tiff; or  8th,  That  he  is  about  to  remove  permanently  out  of  the  state,  and 
refuses  to  pay  or  secure  the  debt  due  the  plaintiff  ;  or  9th,  That  he  is  about 
to  remove  his  property,  or  a  part  thereof,  out  of  the  county,  with  intent  to 
defraud  his  creditors  ;  or  lOtli,  That  he  is  about  to  convert  his  property  or  a 
part  thereof,  into  money,  for  the  purpose  of  placing  it  beyond  the  reach  of 
his  creditors  ;  or  11th,  That  he  has  property  and  rights  in  action,  which  lie 
■conceals ;  or  12th,  That  the  debt  is  due  for  property  obtained  vinder  false 
pretences.  If  the  plaintiff's  demand  is  founded  on  contract,  the  petition  must 
state  as  nearly  as  practicable,  the  amount  which  is  due,  which  must  be  more 
than  five  dollars,  in  order  to  authorize  the  attachment ;  the  amoinit  thus 
sworn  to,  is  intended  as  a  guide  to  the  sheriff,  who  must,  as  nearly  as  the  cir- 
cumstances of  the  case  will  permit,  levy  upon  the  property  fifty  per  cent, 
greater  in  value  than  that  amount.  The  property  of  the  debtor  may  bo  at- 
tached previous  to  the  time  when  the  debt  becomes  due,  when  nothing  but 
time  is  wanting  to  fix  an  absolute  indebtedness,  and  when  the  petition  in  ad- 
•dition  to  that  fact  states,  1st,  That  the  defendant  is  about  to  dispose  of  his 
property  with  intent  to  defraud  his  creditors  ;  or  2d,  That  he  is  about  to  re- 
move frem  the  state,  and  refuses  to  make  any  arrangements  for  securing  the 
payment  of  the  debt  when  it  falls  due,  and  which  contemplated  removal  was 
not  known  to  the  plaintiff  at  the  time  the  debt  was  contracted  ;  or  8d,  That 
the  defandaut  has  disposed  of  his  pro])erty,  in  whole  or  in  part,  with  intent 
to  defraud  his  creditors ;  or  4th.  That  the  debt  was  incurred  for  property 
obtained  under  false  pretenses.  In  all  cases,  before  an  attachment  can  issue, 
the  plaintilf  must  file  with  the  clerk,  a  bond  for  the  use  of  the  defendant, 
with  sureties  to  Ix',  approved  by  the  clerk,  in  a  penalty  in  at  least  double  the 
value  of  the  property  sought  to  be  attached,  (that  is  to  say,  three  times  tlie 
a.mount  swin-n  to  be  due  in  the  petition,  since  the  sheriff  must  levy  upon  fifty 
p(!r  cent,  more  than  the  amount  sworn  to,  and  the  amount  upon  which  the 
>sh(!rilf  must  levy  is  taken  to  be  the  amount  of  the  property  sought  to  l)e 
itttached),  and  in  no  case  less  than  $250,  in  a  court  of  record,  nor  less  than 

[lowu,  7.] 


IOWA.  26&« 

$50  in  a  .justices'  court,  coiiclitioncd  that  the  plaintiff  ■will  pay  all  damages 
which  tlie  defendant  may  sustahi  by  reason  of  the  wron^fful  suing  out  of  the 
attachment.  lu  an  action  on  such  bond,  the  plaintiff  may  recover  if  he  show 
that  the  attachment  was  wrongfully  sued  out,  and  that  there  was  no  reason- 
able cause  to  believe  the  ground  njKin  which  the  same  was  issncd  to  be  true ; 
the  actual  damages  sustained,  and  a  reasonable  attorney's  fee  to  be  tixed  by 
the  court;  and  if  it  be  shown  that  such  attachment  was  sued  out  maliciously, . 
he  may  recover  exemplary  damages,  and  need  not  wait  until  the  principal 
suit  is  deteiTnined  before  suing  on  the  bond.  Whenever  it  appears  by  the 
affidavit  of  the  plaintiff,  or  by  the  return  of  the  attachment  that  no  property 
is  known  to  the  plaintiff  or  the  officer,  on  which  the  attachment  can  be  exe- 
cuted, or  not  enough  to  satisfy  the  plaintiff's  claim,  and  it  being  shown  to 
the  judge  of  the  court,  by  affidavit,  that  the  defendant  has  property  within 
the  state,  not  exemjit,  the  defendant  may  be  required  by  such  judge,  to  at- 
tend before  him,  or  before  the  court  in  which  the  action  is  pending,  and  give 
information  on  oath  respecting  his  property.  Attachment  by  garnishment  is 
effected  by  informing  the  supi^osed  debtor  or  person  holding  the  property, 
that  he  is  attached  as  garnishee,  and  by  leaving  with  him  a  written  notice  to 
the  effect  that  he  is  required  not  to  pay  any  debt  due  from  him  to  the  defend- 
ant, or  thereafter  to  become  due  ;  and  that  he  must  retain  possession  of  all 
I)roperty  of  the  said  defendant,  then  or  thereafter  being  in  his  custody  or 
under  his  control,  in  order  that  the -same  maybe  dealt  with  according  to  law, 
and  the  sheriff"  must  summon  such  persons  as  garnishees,  as  the  plaintiff  may 
direct.  If  the  defendant,  at  any  time  before  judgment,  cause  a  bond  to  be 
executed  to  the  plaintiff,  with  sufficient  sureties,  to  be  approved  by  the  officer 
having  the  attachment,  or  after  the  return  thereof  by  the  clerk,  to  the  effect 
that  he  will  perform  the  judgment  of  the  court,  the  attachment  must  be 
discharged  and  restitution  made  of  the  property  taken  or  the  proceeds- 
thereof. 

Banks  and  Bankers. — All  associations  organized  under  the  general  incor- 
poration laws  of  this  state,  for  the  purpose  of  transacting  a  banking  busi- 
ness, buying  or  selling  exchange,  receiving  deposits,  discounting  notes,  &c., 
must  make  a  full,  clear,  and  accurate  statement  of  the  condition  of  the  asso- 
ciation, as  hereafter  stated,  which  must  be  verified  by  the  oath  of  the  presi- 
dent or  vice-president,  cashier  or  secretary,  and  two  of  the  directors,  and  the 
statement  must  contain  1st.  The  amount  of  capital  stock  actvially  paid  in, 
and  then  remaining  as  the  capital  of  such  association ;  2d.  The  amount  of 
debts  of  every  kind  due  to  banks,  bankers,  or  other  persons,  other  than 
regular  depositors ;  3d.  The  total  amount  due  depositors,  including  sight 
and  time  deposits ;  4th.  The  amount  subj>ect  to  be  drawn  at  sight,  then  re- 
maining on  deposit  with  solvent  banks  or  bankers  of  the  country,  specifying 
each  city  and  town,  and  the  amount  deposited  in  each  and  belonging  to  such 
association  ;  5th.  The  amount  of  gold  and  silver  coin  and  bullion,  belonging- 
to  such  association  at  the  time  of  making  the  statement;  6th.  The  amount 
then  on  hand,  of  bills  of  solvent  specie  paying  banks  ;  7th.  The  amount  of 
bills,  bonds,  notes,  and  other  evidences  of  debt,  discounted  or  purchased  by 
such  association,  and  then  belonging  to  the  same,  specifying  particularly  the 
amount  of  suspended  debts,  the  amount  considered  good,  the  amount  con- 
sidered doubtful,  and  the  amcmnt  in  suit  or  judgment ;  8th.  The  value  of 
real  and  personal  property  held  for  the  convenience  of  such  association,  spe- 
cifying the  amount  of  each ;  9th,  The  amount  of  the  undivided  profits,  if 
any,  then  on  hand  ;  10th.  The  total  amount  of  all  liabilities  to  such  associa- 
tions, on  the  part  of  the  directors  thereof  :  and  this  statement  must  be  trans- 
mitted to  the  auditor  of  state,  and  by  him  filed  in  his  office.  No  association 
can  be  organized  with  a  less  amount  of  paid  up  capital  stock,  than  fifty  thous- 
and dollars,  except  in  cities  or  towns  having  a  population  not  exceeding  three 
thousand,  where  such  association  maybe  organized  with  a  paid  up  capital  of 
not  less  than  twenty-five  thousand  dollars.  But  no  such  association  has  the 
right  to  commence  business  until  its  officers  elect,  or  its  stockholders,  .shall 
have  furnished  to  the  auditor  of  state,  a  sworn  statement  of  the  paid  up  • 
[Iowa.  8.] 


£70  IOWA. 

capital,  and  when  the  auditor  of  state  is  satisfied  as  to  the  fact,  he  must  issue 
to  such  association,  a  certilicate  authorizing  such  association  to  commence 
business,  a  copy  of  wliich  must  be  publislied  in  soiTie  daily  newspaper  pub- 
lished in  the  county  where  the  association  is  located. 

Chattel  Mortgages. — No  sale  or  mortgage  of  personal  property,  where 
the  vendor  or  mortgagor  retains  actual  possession,  is  valid  against  existing 
creditors  or  subsequent  i)urchasers  without  notice,  unless  a  written  instru- 
ment conveying  the  same  is  executed,  acknowledged  like  conveyances  of  real 
•estate,  and  filed  for  record  with  the  recorder  of  the  county  where  the  holder 
•of  the  property  resides.     In  the  absence  of  stipulation  to  the  contrary  in  the 
mortgage,  the  mortgagee  of  personal  property  is  entitled  to  possession.  Any 
mortgage  of  personal  property  to  secure  the  payment  of  money  only,  and 
where  tlie  time  of  payment  is  fixed,  may  be  foreclosed  by  notice  and  sale, 
unless  a  stipulation  to  the  contrary  has  been  agreed  upon  by  the  parties,  or 
may  bo  foreclosed  by  action,  in  the  proper  court.     The  notice  must  contain 
3,  full  description  of  the  property  mortgaged,  together  with  the  time,  place 
^nd  terms  of  sale,  and  must  be  served  on  the  mortgagor,  and  upon  all  pur- 
chasers from  him,  subsequent  to  the  execution  of  the  mortgage,  and  all  per- 
sons having  recorded  liens  upon  the  same  property  which  are  junior  to  the 
mortgage,  or  they  will  not  be  bound  by  the  proceedings.     The  service  and 
return  must  be  made  in  the  same  manner  as  in  case  of  original  notice,  by 
which  civil   actions  are  commenced,  except  that  no  publicaticm  in  the  news- 
papers Is  necessary  for  this  purpose.     After  notice  has  been  served  upon  the 
parties,  it  must  be  i)ublished  in  the  same  manner  and  for  the  same  length  of 
time,  as  is  required  in  cases  of  sale  of  like  property  on  execution,  and  the 
sale  must  be  conducted  in  the  same  manner  (see  executions).    The  ])urchaser 
takes  all  the  title  and  interest  on  which  the  mortgage  operated.     The  sheriff 
conducting  the  .sale  must  execute  to  the  purchaser  a  bill  of  sale  of  the  per- 
sonal property,  whicli  is  effectual  to  carry  the  whole  title  and  interest  pur- 
chased.    Evidence  of  the  service  and  publication  of  the  notice  aforesaid,  and 
of  the  sale  made  in  accordance  therewith,  together  with  any  postponement 
•or  other  material  matter,  may  be  perpetuated  by  proper  affidavits,  and  such 
affidavits  must  be  attached  to  tho  bill  of  sale,  and  are  then  receivable  in  evi- 
•dence,  to  prove  the  facts  they  state.     Sales  made  in  accordance  with  the  above 
requirements  are  valid  in  the  hands  of  a  purchaser  in  good  faith,  whatever 
may  be  the  equities  between  the  mortgagor  and  mortgagee.    The  right  of  the 
mortgagee  to  foreclose,  as  well  as  the  amount  claimed  to  be  due,  may  be  con- 
tested by  any  one  interested  in  so  doing,  and  the  proceeding  may  be  trans- 
ferred to  the  district  court,  lor  which  purpose  au  injunction  may  issue,  if 
necessaiy. 

Courts — Terms  and  Jurisdiction. — For  the  purpose  of  holding  the  United 
States  circuit  and  district  courts  in  Iowa,  the  state  is  divided  into  a  northern  and 
southern  district.  The  northern  district  is  sub-divided  into  three  divisions, 
the  eastern,  central,  and  western  division.  The  eastern  division  comprises 
the  counties  of  Clinton,  Jackson,  Jones,  Linn,  Benton,  Blackhawk,  Buchanan, 
Delaware.  Dubu(iuc,  Clayton,  Fayette,  Bremer,  Floyd,  Chickasaw,  Mitchell, 
Howard,  Winneshiek  and  Allamakee.  The  place  for  holding  the  court  for 
this  division  is  Dubuque.  The  central  division  comprises  the  counties  of 
Orundy.  Ilardin,  Hamilton,  Webster,  Calhoun,  Pocahontas,  Falo  Alto,  Em- 
raett,  Kossuth,  Humboldt,  Wright,  Hancock,  Winnebago.  AVortli,  Cerro 
<Jordo,  Franklin  and  Butlei',  and  the  place  for  holding  the  court,  in  this  divi- 
sion is  Fort  Dodge.  The  western  division  comprises  the  comities  of  Monona, 
Woodbury,  Plymouth,  Sioux,  Lyon,  Oscoola,  O'Brian,  Cherokee,  Ida,  Sac, 
Huena  Vista,  Clay  and  Dickinson.  The  court  for  this  division  is  held  at  Sioux 
Oity.  The  terms  o(  the  United  States  circuit  and  district  court,  in  the  north- 
ern distri(!t.  are  held  at  the  following  places  at  the  following  times  ;  Eastern 
^livision  at  Dubuque,  on  the  third  Tuesday  of  April  and  the  third  Tuesday 
of  November,  of  each  year.  Central  division  at  Port,  Dodge,  on  the  third 
Tuesday  of  Janvuxry  and  the  third  Tuesday  of  June,  of  each  year.     Western 

[Towu  0.] 


IOWA.  271 

•division  at  Sioux  City,  on  tho  second  Tuesday  of  February  and  tlie  second 
Tuesday  of  July,  of  eacli  year.  Tlie  soutlicru  district  of  Iowa  is  also  divided 
into  three  divisions,  to  wit:  the  eastern,  central  and  western  divisions.  The 
eastern  division  comprises  the  counties  of  Scott,  Cedai',  Muscatine,  Washing- 
ton, Louisa,  Keokuk,  Appanoose,  Davis,  Wapello,  Jefferson,  Van  Burens, 
Henry,  Des  Moines  and  Lee.  The  United  States  circuit  and  district  court, 
for  this  division  are  held  at  Keokuk.  The  central  division  conii)rises  the 
counties  of  Johnson,  Iowa,  Pt)wishiek,  Mahaska,  Jasper,  Tama,  Marshall, 
Story,  Boone,  Greene,  Gutheri(>,  Adair,  Dallas,  Polk,  Madison,  Warren, 
Marion,  Clark,  Lucas,  Decatur,  JMonroe  and  Wayne.  The  courts  for  this  di- 
vision are  held  at  Des  Moines.  The  western  division  comprises  the  counties 
<jf  Carroll,  Crawford,  Harrison,  Shelby,  Audubon,  Cass,  Pottawattamie, 
]\lills,  3Iontsromery,  Adams,  Union,  Riuiigold,  Taylor,  Page  and  Fremont. 
The  courts  for  this  division  are  held  at  Council  Blutt's.  The  following  is  a 
.statement  of  the  times  and  places  of  holding  United  States  circuit  and  dis- 
trict courts,  in  the  three  divisions  of  the  southern  district,  to  wit ;  at  Keokuk 
on  the  third  Tuesday  in  January  and  the  third  Tuesday  in  June  ;  at  Des 
Moines,  on  the  second  Tuesday  in  May  and  the  third  Tuesday  in  October  ;  at 
Council  Blutfs,  on  the  fourth  Monday  in  March  and  the  fouith  Monday  in 
September. 

State  Courts. — The  supreme  court  of  Iowa  is  now  located  permanently  at 
Des  Moines.  It  has  appellate  jurisdiction  only  in  cases  of  chancery,  and  is 
a  court  for  the  correction  of  errors  in  law,  having  power  to  issue  all  jieces- 
sary  writs  and  process,  and  exercises  a  supervisory  control  over  all  inferior 
courts.  Its  terms  ai-e  held  in  Des  Moines,  on  the  first  Tuesdays  of  March, 
June,  October,  and  December,  of  each  year. 

District  Courts. — By  a  recent  act  of  the  legislature,  the  circuit  court  of 
Iowa  is  abolished  from  and  after  the  first  day  of  January,  1887,  so  that  from 
and  after  that  date,  the  district  court  is  invested  with  all  the  jurisdiction  and 
powers  that  the  circuit  court  formerly  had,  and  will  be  the  only  state  court 
having  general  original  jurisdiction,  both  civil  and  criminal.  The  state  is 
divided  into  eighteen  judicial  districts,  as  follows  ; 

The  first  district  consists  of  the  counties  of  Lee  and  Des  Moines,  and  has 
two  judges. 

The  second  district  consists  of  the  counties  of  Lucas,  Monroe,  Wapello, 
Jefferson,  Henry,  Davis,  Van  Buren  and  Appanoose,  and  has  three  judges. 

The  third  district  consists  of  the  counties  of  Wayne,  Decatur,  Clarke, 
Uni(m,  Ringgold,  Taylor  and  Adams,  and  has  two  judges. 

The  f(mrth  district  ctmsists  of  the  counties  of  Chei'okee,  O'Biien,  Osceola, 
Tjyon,  Sioux,  Plymouth,  AVoodbury,  Hari'ison  and  Monona,  and  has  three 
judges. 

The  fifth  district  c(msists  of  the  counties  of  Dallas,  Gutherie,  Adair,  Madi- 
son, Warren  and  Marion,  and  has  three  judges. 

The  sixth  district  consists  of  the  counties  of  Jas])er,  Powshiek,  Mahaska, 
Keokuk,  Washington  and  Louisa,  and  has  three  judges. 

The  seventh  district  consists  of  the  counties  of  Muscatine,  Scott,  Clinton, 
and  Jackson,  and  has  three  judges. 

The  eighth  district  consists  of  the  counties  of  Johnson  and  Iowa,  and  has 
<me  judge. 

The  county  of  Polk  constitutes  the  ninth  district,  and  has  three  judges. 

The  tenth  distinct  consists  of  the  counties  of  Dubuqiie,  Delaware,  Buch- 
anan, Black  Hawk  and  Grundy,  and  has  three  judges. 

The  eleventh  district  ccmsists  of  the  counties  of  Marshall,  Story,  Boone, 
Webstor,  Hamilton,  Hardin,  Franklin  and  Wright,  and  has  three  judges. 

The  twelfth  district  consists  of  the  counties  of  Bremer,  Butler,  Floyd,  Mit- 
chell, Worth,  Cerro  Gordo,  Hancock  ai\d  Winnebago,  and  has  two  judges. 

The  thirteenth  district  consists  of  tlie  counties  of  Clayton,  Allamakee, 
Fayette,  Winneshiek,  Howard  and  Cliickasaw,  and  has  two  judges. 

The  fourteenth  district  c<msists  of  the  connties  of  Buena  Vista,  Clay,  Palo 
Alto,  Kossuth.   Emnu-tt,   Dickinson,  Humboldt  and  Pocahontas,   and  has 
two  I'udges. 
[Iowa  10.1 


2T1  IOWA. 

Till'  fifteenth  district  consists  of  the  counties  of  Pottawattamie,  Cass;. 
SlK-Uiy,  Audubun,  Montgomery,  Mills,  Page  and  Fremont,  and  has  lour 
jiidgt'S. 

Tlie  sixteenth  district  consists  of  the  counties  of  Ida,  Sac,  Calhoun,.  Craw- 
ford, Carroll  and  Green,  and  has  two  judges. 

The  seventeenth  district  consists  of  the  counties  of  Tama  and  Benton,  and 
has  one;  judge. 

The  eighteenth  district  consists  of  the  counties  of  Linn,  Jones  and  Cedar, 
and  has  two  judges. 

The  district  court  has  original  and  exclusive  jurisdiction  of  all  actions,  pro^ 
ceodings  and  remedies,  both  civil  and  criminal,  except  in  cases  where  exclu- 
sive or  concurrent  jurisdiction  may  hereafter  be  conferred  upon  some  other 
court  or  tribunal,  by  the  constitution  and  laws  of  the  state,  and  will  have  and 
exercise  all  the  i)owers  usually  possessed  and  exercised  by  courts  of  record. 
All  rights,  duties,  powers  and  jurisdictions  now  by  law  belonging  to  and  in- 
vested in  tiie  circuit,  will,  upon  and  after  January  1st,  1887,  be  transferred  to 
and  conferred  upon  and  exercised  by  the  district  court,  and  all  causes,  pro- 
ceedings and  remedies  of  every  kind,  pending  or  undetermined  in  the  circuit 
court,  at  said  date,  shall  stand  for  trial  or  other  disposition  in  the  district 
court,  as  if  originally  brought  therein. 

Justices  of  the  Peace  have  a  jurisdiction  which  is  co-extensive  with  their 
respective  comities,  and  covering  all  civil  cases  except  those  in  chancery  and 
where  the  title  to  real  estate  is  involved,  where  the  amount  in  controversy  is 
not  more  than  one  hundred  dollars.  Their  jurisdiction  may,  liowever,  be 
extended  by  consent  of  parties  to  any  amount  not  exceeding  three  hundred 
dollars. 

Court  Calendar. — 

Conniien.  Towns.  Dates. 

Adair Greenfield  .  .   ,  January  4,  March  29,  Juno  7.  Aug.  30,  Nov.  1. 

Adaius     ....  Corning    ....  January  3,  Marcli  21,  May  30,  October  10. 
Allamakee    .   .  Waukon  .  .  .   .  February  24,  May  2,  September  29,  November  21. 
Appanoose    .   .  Ceuterville    .   .  January  17,  March  28,  September  19,  November  14. 
Audubou    .  .   .Audubon    .   .   .  March  1.3,  June  7,  September  27,  November  29. 

Benton     .   .   .  .Vinton March  7,  May  9,  September  5,  October  31. 

Black  Hawk    .Waterloo     .  .   .  January  24,  March  21,  May  2,  June  6,  Sept.  26,  Nov.  14. 

Boone Boonesboro    .  .  January  24,  April  4,  August  22,  October  24. 

Bremer    .  .   .   .  Waverly  .  .   .  .  February  21,  April  11,  September  26.  December  5. 
Buchanan  .  .   .  Independence,  January  3,  Feb.  28,  April  18,  May  30,  Sept.  12,  Oct.  31. 
Buena  Vista     .  Storm  Lake  .  .  January  10,  April  5,  August  22,  October  2-5. 

Butler Allison     .   .   .   .  February  14,  April  11,  June  13,  November  7. 

Calhoun.  .  .   .  Rockwell  City  .  February  7,  April  26,  September  12,  November  15. 

Carroll      ....  Carroll January  17,  April  19,  September  19,  November  8. 

Cass Atlantic  .  .   .   .  February  8,  May  3,  August  30,  November  8. 

Cedar Tipton January  31,  April  25,  August  29,  November  21. 

Cerro  Gordo  .  .  Mason  City    .  .  January  17,  March  21,  May  16,  October  17. 
Cherokee    .  .  .  Cherokee     .  .   .  February  7,  April  25,  October  10,  December  5. 
Chickasaw,   .   .  New  Hampton,  Marchl7,  May  30,  Novembers,  December  12, 

Clarke Osceola    .  .   .   .  February  7,  April  25,  September  5,  Noveinber  14. 

Clay Spencer    ....  February  22,  May  3,  September  20,  Noveml>er  22. 

Clayton  .   .  .  .  Elkader    .   .   .    .  January  17  May  12.  September  5,  November  17. 
Clinton    .   .   .   .Clinton      .   .   .   .  January  4,  April  19,  September  13,  November  15. 
Crawford    .  .  .  Dcnisoa    .  .   .   .  January  3,  April  5,  August  1,  October25. 

Dalliis Adel March  1,  May  3,  June  21,  October  4,  November  29. 

Davis Bloomflcld     .   .  January  3,  Apiil  25  October  10,  l^ecember  5. 

.Decatur  .  .  .   .Leon January  3,  March  21,  May  23,  October  10. 

Delaware    .   .   .Manchester   .   .  February  II,  A  jjril  4,  May  23,  June  27,  Oct.  10,  Dec.  5,. 
Des  Moines    .   .Burlington     .   .  .January  3,  April  11,  September  12,  November". 
Dickinson.  .  .  Spirit  Ijake    .   .  January  11,  April  4,  August30,  October  31. 

Dubuque    .  .  .Dubuque Jan.  3,  Feb.  28,  April  25,  May  .30,  Sept.  6,  Oct.  31. 

Emmet    .  .   .   .  Esthcrville    .  .  January  4,  Marcli  29,  August  23,  October  25. 
Fayette    .  .   ,   .  West  Union  .   .  February  11,  April  21,  Septeinlier  19,  December  1. 

Floyd CluirlesCity  .   .  .January  21,  Marcli  28,  May  30,  October  10. 

Franklin    .  .   .Hampton   .  .  .  March  14,  ISfay  23.  October  10,  December  12. 

Fremont     .   .   .Sidney March  29,  Miiy  21,  September  20,  November  15, 

<ircene Jefferson     .   .   .  .January  31,  May  3,  October  3,  November  22. 

Grundy  .  .  .   .  Grundy  Center,  February  14,  April  11,  May  16,  October  17,  Dec.  5. 
(iutlirie  .  .  .   .  Guthrie"Center,  February  15,  May  3,  June  21,  October  4,  November  29. 
Hamilton  .  .   .  Webster  City    .  February  21,  May  2,  September  19,  November  21. 
Hancock    .   ,   .  Concord  ....  February  28,  April  25,  Juue  27,  December  5. 

[Iowa.  11.] 


IOWA.  273 

Counties.  lyntms.  Dates. 

Hardin    ....  Eldora January  24,  ApriH,  August  22,  October  2*. 

Harrison    .  .   .  Logau January  3,  February  28,  August  2*J,  (.Xtober  31. 

Henry MountPleasantFebruary  7,  April -1,  August  21i,  October  31. 

Howard  .   .   .   .  Cresco February  3,  April  11,  September  15,  October  31. 

Humboldt     .  .Dakota MarchS,  May  l(j,  October  4,  November  28. 

Ida Ida  Grove.   .   .  March  15,  June  1,  October  11,  December  13. 

Iowa Marengo.  .  .   .  January  31,  April  4,  .September  5,  l>ecember  12; 

Jackson  .  .  .   .  Muquoketa    .   .  Februarys,  June  14, Octoberll,  December  13. 

Jasper; Newton    .   .   .   .  February  22,  April  20,  September  6,  November  1.. 

Jefferson     .   .   .Fairfield.   .   .   .  January  IT,  March  14,  September  19,  November  21. 
Johnson.   .   .   .Iowa  City    .  .   .  January  3,  P'ebruury  a<.  May  2,  November  7. 

Jones Anamosa    .   .   .  February  14,  May  9,  September  19,  December  o. 

Keokuk  ....  Sigouruey  .  .   .  January  LS,  March  22,  September  6,  November  1. 

Kossuth.   .   .   .  Algona March  22,  May  31,  October  II,  December". 

y  <  Fort  Madison   .  .January  17,  May  2,  October  3. 

^^^     (Keokuk  .  .   .   .  February?,  June  6,  Septembers,  Decembers. 

Linn Marion     .   .       .  January  3,  ^larch  2K,  May  30,  October  17. 

Louisa Wapello  .   .   .   .  January  24,  March  22,  .September  6,  November  l. 

Lucas Chariton.   .   .  .  January  3  Alarch  14  .September  .5,  October  31. 

Lyon Rock  llapids    .  February  14,  May  9,  October  3,  Dec.  12. 

Madison.   .   .   .  Winterset  .   .    .  February  1-5,  May  3,  June  21,  October  4,  Novemiier  29. 
Mahaska    .   .   .  Oslialoosa  .   .   .  January  18,  March  22,  May  15,  October  4,  December  ti. 
Marion    .   .   .   .  Knoxville  .   .   .  February  1,  March  29,  June  7,  August  SO,  Nov.  1. 
Marshall     .  .   .  Marshalltown  .  .January  24,  April  4,  August  22,  October  31. 

Mills Glenwood  .   .   .  March  29,  June  14,  October  11,  December  13. 

Mitchell  ....  Osage January  10,  March  14,  May  16,  September  19. 

Monona  .   .   .   .  Onawa January  24,  April  4,  .September  2ii,  November  28. 

Monroe    .   .   .   .  Albia February  7,  April  18,  October  10.  December  5. 

Montgomery    .  Red  Oak  ....  January  17,  June  7,  September  27,  December  6. 
Muscatine.   .  .Muscatine.   .   .  January  4,  April  19,  September  l:'.,  November  1-5. 
O'Brien    .  .  .  .  Primghar    .   .   .  January  IS,  April  11,  .September  6,  November  7. 

Osceola    .  .  .   .Sibley January  10,  April  25,  August  29,  October  31. 

Page Clarinda  .   .   .   .  February  22,  May  3,  August  23,  October  25. 

Palo  Alto   .  .   .  Emmetsburg    .  January  18,  April  11,  September  6,  November  7. 
Plymouth.   .   .  Le  Mars   .   .   .   .  February  22,  May  31,  October  10,  December  5. 
Pocahonta.s  .   .  Pocahontas  Ctr.  January  24,  April  19,  September  5,  Novembers. 

Polk Des  Moines    .   .  January  3,  April  4,  .September  5,  November  7. 

T>^ttorrTofr>-.ia  f  Councll  Bluffs  .  Fcbruary  15,  May  3,  August  30,  November  1. 

roiiawai.  mie  I  ^^.^gj^ March  15.  June  21,  December  13. 

Poweshiek    .  .  Montezuma  .   .  February  22,  April  26,  October  4,  December  6. 
Ringgold    .  .   .  Mount  Ayr   .   .  January  21,  April  11,  June  6,  October  24. 

Sac Sac  City  .   .   .   .  February  21,  May  10,  September  26,  November  29. 

Scott Davenport .   .   .  February  1,  May  3,  September  13,  November  15. 

Shelby Harlan     January  11,  May  3,  August  30,  November  8. 

Sioux Orange  City  .   .  February  1,  March  29,  September  19,  November  21. 

Story Nevada   ....  February  21,  May  2,  September  19,  November  14. 

Tama Toledo February  14,  April  11,  October  3,  November  28. 

Taylor Bedford   .   .   .  •  February  7,  April  25,  .September  5,  November  14. 

Union Afton February  28,  May  9,  September  19,  Decembers. 

Van  Buren    .   .  Keosauqua    .   .  February  14,  April  25,  October  10,  December  5. 
Wapello.  .   .   .  Ottumwa    .   .   .  January  3,  March  14,  August  29,  October  31. 
Warren    .  .   .  .  Indianola   .  .   .  January  3,  March  29,  June?,  August  30,  November  1. 
Washington     .  Washington  .  .  February  22,  April  26,  October  4,  December  C. 
Wayne    ....  Corydon  ....  January  17,  April  4,  Jime  13,  October  24. 
Webster.  .   .   .Fort  Dodge     .   .  March  7  May  9,  October  3,  December  5. 
Winnebago.   .  Forest  City    .   .  April  25,  June  6,  September  19  November  7. 
Winneshiek     .  Decorah   .  .  .   .  January  3,  March  7,  August  9,  October  10. 
Woodbury     .   .  Sioux  City  .   .   .  .January  3,  March  8,  May  30,  August  29,  October  31. 

Worth Northwood    .   .  February  14,  May  2,  September  12,  November  14. 

Wright    ....  Clarion     ....  March  14,  May  23,  October  10,  December  12. 


Deeds : 


Form  for  quit  claim  deeds. 


For  the  consideration  of dollars,  I  hereby  quit  claim  to ,  the 

following  tract  of  land,  (dcscribmg  it. ) 

Form  for  deediti  fee  sim^ile  without  warranty. 

For  the  consideration  of dollars,  I  hereby  convey  to ,  the  fol- 
lowing tract  of  land,  (describing  it.) 

Form  for  deed  in  fee  simple  with  warranty. 

The  same  as  last  preceding  form,  adding  "and  I  Vy-arraut  the  title  against 
all  persons  whomsoever." 
[Iowa,  12.] 


274  IOWA. 

Form  for  3Iortyoges. 

The  same  as  deeds  of  conveyance,  adding  the  following,  "to  be  void  upon 
condition  that  I  pay,  &c." 

When  any  of  the  above-mentioned  instruments  of  conveyance  are  jointly 
executed  and  acknowledged  by  both  the  husband  and  wife,  as  indicated  in 
the  form  of  acknowledgments  before  given,  they  serve  to  pass  all  the  interest 
of  both  in  the  property  conveyed,  whether  by  way  of  dower  or  otherwise. 

Depositions. — The  officer  taking  depositions  for  use  in  this  state  must  ob- 
serve the  following  forms  and  mode  of  proceeding,  commencing  thus  : 

Deposition  of  witnesses  produced,  sworn  and  examined  at m  the 

county  of and  state  of before  me  (name  of  officer  and  style  of 

office)  in  a  certain  cause  now  pending  in  the court  of county, 

state  of  Iowa,  between •  plaintiff,  and defendant.    On  the  part  of 

the N.  O.,  of  lawful  age,  being  pioduced,  sworn  and  examined  on  the 

part  of  the deposeth  and  saith  (here  insert  each  interrogatory  as  it 

occurs  and  the  answer  thereto,  immediately  following).  Note. — Every  depo- 
sition must  be  reduced  to  writing  by  some  person  who  is  neither  of  the  par- 
ties, attorney  of  either,  nor  in  any  wise  interested  in  the  event  of  the  suit,  in 
the  presence  of  the  officer  before  whom  it  is  taken,  and  signed  by  the 
"witness. 

If  any  paper  or  exhibit  is  produced  and  proved,  or  referred  to  by  a  wit- 
ness, it  ought  to  be  described  in  his  deposition,  and  marked  and  referred  to 
by  the  deponent  in  such  a  manner  that  it  may  be  identified  when  the  deposi- 
tion is  read,  and  all  such  papers  and  exhibits  must  be  attached  to  and  re- 
turned with  the  deposition.  The  officer  will  annex  at  the  foot  of  the  deposi- 
tion of  each  witness  the  following  certificate  : 

"  I  (insert  name  of  officer  and  style  of  office)  do  hereby  certify  that  N. 
O.,  the  deponent,  whose  place  of  residence  is  (here  insert  it)  was  by  me 
sworn  ((^r  affirmed)  to  testify  the  whole  truth  of  his  (or  her)  knowledge, 
touching  the  matter  in  controversy  in  the  cause  aforesaid  ;  that  deponent 
was  examined  and  his  (or  her)  examination  reduced  to  writing,  by  (here 
name  the  person)  who  is  neither  of  the  parties,  attorney  of  either,  or  in  any 
wise  interested  in  the  event  of  the  suit,  and  after  being  by  me  carefully  read 
over  to  the  said  deponent,  the  same  was  sworn  to  and  subscribed  by  the  said 
deponent  in  my  presence,  on  the  (here  give  the  date)  between  the  hours  of — 
a.  m.,  and  —  p.  m.,  of  said  day  at  (here  msert  the  place,  county  and  state.) 
Given  and  certified  (here  give  the  date)  under  my  hand  and  official  seal,  this 
day  of 188 — ."     If  the  officer  has  a  seal  it  must  be  affixed. 

Then  proceed  with  other  depositions  (if  any)  in  the  same  form,  annexing 
a  like  certificate  to  each. 

When  all  the  witnesses  who  appear  have  been  sworn  and  examined  and 
their  depositions  reduced  to  writing,  subscribed,  and  certified  to  as  above, 
the  officer  will  attach  to  the  depositions  all  papers  and  exhibits,  proved  or 
referred  to  in  the  examination,  the  commission  and  notice  (herewith  en- 
closed) with  the  following  certificate,  endorsed  thereon,  or  attached  thereto. 

State  of .  } 

County  of .  ^"' 

"I  (name  the  officer  and  style  of  office)  within  and  for  (name  the  place) 
or  duly  commissioned  for  that  purpose,  do  certify  that  in  pursuance  of  the 
within  (or  annexed)  commission  and  notice,  came  before  me,  at  (the  place 
where  the  testimony  was  taken),  N.  O.,  P.  Q.  &c.,  (here  insert  the  names  of 
all  witnesses)  who  were  by  me  sworn  and  examined,  and  such  examination 
reduced  to  writing  by  (name  the  jierson)  who  is  neither  one  of  the  parties, 
their  attorney,  or  in  any  wise  interested  in  the  event  of  this  suit,  and  after 
))eing  by  me  read  over  to  each  of  said  witnesses,  the  same  was  sworn  to  and 
subscribed  by  said  witnesses  respectively,  in  my  presence,  and  their  .said  de- 
I)Ositions  are  now  herewitli  returned.  Given  mider  my  hand  and  official  .seal, 
hereto  affixed  at  (name  of  place,  county  and  state)  this  (give  the  date)." 

[Iowa.  13.1 


IOWA.  275 

The  return  must  be  accompanied  by  a  certificate  of  the  official  character 
■of  the  officer,  when  the  depositions  are  taken  by  any  judge,  notary  public,  or 

justice  of  the  peace,  attested  by  the  seal  of  the  state  of or  l>y  the  seal 

of  any  court  of  record,  of  the  county  and  city  whereui  such  deposition  shall 
be  taken,  which  may  be  in  the  following  form  : 

"It  is  hereby  certified,  that on  (here  insert  the  date  on  which  the 

depositions  are  taken  and  certified) •  was  and  now  is  (state  the  style  of 

office)  commissioned  and  acting  as  such,  and  that  full  faith  and  credit  are 
■due  to  his  acts  as  such. 

In  testimony  whereof  I,  A.  B.  (here  state  the 
(L.  S.)                   style  of  ollice)   have   hereunto   subscribed  my 
name,    and   affixed  the  seal  of  said   court,    at 
office,  this  day  of eighteen  hun- 
dred and  •. 

A.   B.  .' 

The  officer  taking  the  depositions  is  required  to  enclose  in  a  strong  en- 
velope, securely  sealed,  the   depositions,  i)apers,  and  exhibits,  commission, 

notice  and  certificates  and  direct  the  same  to  the  clerk  of  the court  of 

county Iowa,  noting  on  some  convenient  part  of  the  envelope 

the  style  of  the  cause  and  contents,  thus  : 

vs.      >      Depositions  on  part  of . 


If  the  packet  is  to  be  transmitted  by  mail  it  will  be  necessary  to  enclose  it 

(directed  and  endorsed  as  above)  in  another  envelope,  directed  to in 

order  to  insure  its  being  taken  out  of  the  post-office. 

The  depositions  must  be  begun  on  the  day  mentioned  in  the  notice.  If 
they  cannot  be  completed  on  that  day,  the  taking  of  them  may  be  adjourned 
to  the  succeeding  day,  at  the  same  place,  ami  between  the  same  hours.  The 
pers(jn  taking  them  should,  in  such  case,  make  the  following  entry  closing 
the  business  for  that  day,  viz. : 

Not  being  able  to  complete  the  taking  of  said  depositions,  by  reason  that 
(here  insert  the  reason)  I  adjourn  the  further  taking  of  the  same  until  to- 
morrow, then  to  be  continued  at  the  same  place  and  between  the  same  hours, 
mentioned  in  the  annexed  notice. 

P.  F. . 

On  the  succeeding  day  let  the  person  taking  the  depositions,  commence  as 
follows : 

Pursuant  to  the  adjournment  as  above  stated,  on day  of 


the  year  eighteen  hundred  and ,  between  the  hours  of in  the  fore- 
noon, and in  the  afternoon,  at  the I  continue  the  taking  of  said 

depositions,  as  follows  : 

N.  O.,  in  continuence  of  his  deposition  commenced  yesterday,  on  his  oath, 
further  says,  etc. 

The  foregoing  directions  must  be  strictly  observed,  or  the  depositions  will 
•be  unavailing. 

If  the  officer  taking  the  deposition  has  a  seal  of  office,  it  must  be  affixed 
to  every  certificate. 

The  officer  taking  the  deposition  must  write  out  each  interrogatory  in  full, 
and  insert  the  answer  just  below  the  proper  question. 

Executions. — Executions  may  issue  at  any  time  before  the  judgment  is 
barred  by  the  statute  of  limitation,  and  but  one  execution  can  be  in  existence 
at  the  same  time.  Upon  the  rendition  of  judgment  execution  may  at  once 
issue,  and  must  be  issued  by  the  clerk  on  demand  of  the  party  entitled 
thereto.  Judgments,  bank  bills,  and  other  things  in  action  may  be  levied 
upon  and  sold.  After  the  rendition  of  judgment  any  person  indebted  to  the 
[Iowa.  14] 


276  IOWA. 

defendant  in  execution  may  pay  to  the  sheriff  the  amount  of  such  indebted- 
ness, or  so  much  thereof  as  is  necessary  to  satisfy  the  execution,  and  the 
sheriffs  receipt  is  a  suflBcient  discharge  therefor.  In  proceedings  by  garnish- 
ment on  execution  the  garnishee  is  served  as  in  case  of  attachment.  An  offi- 
cer is  bound  to  levy  an  execution  on  any  personal  property  in  possession  of, 
or  that  he  has  reason  to  believe  belongs  to  the  defendant,  or  ou  which  the 
plaintiff  directs  him  to  levy,  unless  he  has  received  notice  in  writing  from 
some  other  person,  his  agent,  or  attorney,  that  such  property  belongs  to  him, 
or  if  after  levy  he  receive  such  notice,  such  officer  may  release  the  property, 
unless  bond  is  given  ;  but  the  officer  is  protected  from  all  liability  for  the 
levy  until  he  receives  such  written  notice.  (See  Stay  of  Execution,  separate 
title.)  The  sheriff  must  give  four  week's  notice  of  time  and  place  of  sale  of 
real  property,  and  three  weeks  notice  of  sale  of  personal  property.  The  sale 
must  be  at  public  auction.  The  defendant  may  redeem  real  property  at  any 
time  within  one  year  from  the  day  of  sale,  and  is  in  the  meantime  entitled 
to  the  possession  of  the  property,  but  the  defendant  is  not  entitled  to  redeem 
in  any  action  where  he  has  taken  an  appeal  from  the  district  court  or  stay  of 
execution  on  the  judgment.  For  the  first  six  months  after  sale  his  right  to 
redeem  is  exclusive,  but  if  no  redemption  is  made  by  him  at  the  end  of  that 
time,  any  creditor  of  the  defendant,  whose  demand  is  a  lien  upon  the  real 
estates  may  redeem  the  same  at  any  time  within  nine  months  from  the  day  of 
sale.  Any  creditor  whose  claim  becomes  a  lieu,  prior  to  the  expiration  of  the 
nine  months  may  redeem.  A  mortgagee  may  thus  redeem  before  or  after  the 
debts  secured  by  the  mortgage  fulls  due.  Creditors  having  the  right  of  re- 
demption may  redeem  from  each  other.  The  mode  of  making  redemption  is 
by  paying  the  money  into  the  clerk's  office  for  the  use  of  the  persons  thereto 
entitled.  The  persons  so  redeeming,  if  not  defendant  in  execution,  must 
also  file  his  affidavit,  or  that  of  his  agent  or  attorney,  stating  as  nearly  as 
practicable  the  amount  still  unpaid  and  due  on  his  claim,  if  defendant  or 
his  assignee  fail  to  redeem,  the  sheriff  must,  at  the  end  of  the  year,  execute 
a  deed  to  the  person  entitled  to  the  certificate. 

Executors. — A  married  woman  may  act  as  executor  independently  of  her 
husband.  Every  executor  or  administrator,  before  entering  on  the  discharge 
of  his  duty  must  give  a  bond  in  such  penalty  as  may  be  required  by  the 
court,  to  be  approved  by  the  clerk,  conditioned  for  the  faithful  discharge  of 
his  duties.  He  must  also  take  and  subscribe  an  oath  the  same  in  substance 
as  the  condition  of  his  bond,  and  the  oath  and  bond  must  be  filed  with  the 
clerk.  The  clerk  then  issues  letters  testamentary.  AVithin  ten  days  after 
the  receipt  of  the  letters  the  executor  must  publish  such  notice  of  his  ap- 
pointment as  the  court  or  the  clerk  may  direct,  and  this  direction  is  indorsed 
on  the  letters  when  issued.  The  rules  applying  to  executors  and  administra- 
tors as  to  their  duties  are  the  same.  Within  fifteen  days  after  his  appoint- 
ment the  executor  must  make  and  file  with  the  clerk  an  inventory  of  all  the 
personal  effects  of  the  deceased  of  every  description,  which  has  come  to  his 
knowledge,  and  a  list  of  all  book  accounts  which  appear  by  the  books  or 
papers  of  the  deceased  to  be  unsettled.  When  the  deceased  leaves  a  widow, 
all  personal  property  which  in  his  hands,  as  the  head  of  a  family,  would  be 
exempt  from  execution  after  being  inventoried  and  appraised,  is  set  apart  to 
her  as  her  property  in  her  own  right,  and  is  exempt,  in  her  hands  as  in  the 
hands  of  the  decedent.  The  avails  of  any  life  insurance  or  any  other  sum  of 
money  made  payable  by  any  mutual  or  benevolent  society  upon  the  death  of 
the  member,  are  not  sulbject  to  the  debts  of  the  deceased  except  upon  special 
(•(mtract  or  arrangement,  and  are  in  other  respects  to  be  disposed  of  like 
other  property  left  by  the  deceased.  All  property  inventoried  by  the  execu- 
tor must  be  ai)i>raised  by  three  appraisers,  who  are  appointed  immediately 
on  the  filing  of  the  inventory.  When  a  person  by  his  will  makes  such  a  dis- 
position of  his  effects  as  to  prejudice  the  rights  of  creditors,  the  will  may  be 
sustained  by  giving  security  to  the  satisfaction  of  the  court  for  the  payment 
of  the  claims  of  the  creditors,  to  the  extent  of  the  value  of  the  property 
devised.     If  there  be  no  heir  or  devisee  present  and  competent  to  take  pos- 

[lowa  15.] 


IOWA.  277 

session  of  the  real  estate,  the  executor  takes  possession,  and  demands  and 
receives  the  rents  and  i)rufits,  and  does  all  other  acts  relating  thereto  which 
may  be  for  the  benefit  of  the  persons  entitled  to  such  real  estate.  The  ex- 
ecutor or  administrator,  under  the  order  and  direction  of  tlie  court,  may  apply 
the  profits  of  such  real  estate  to  the  iiayment  of  all  taxes  and  all  debts  and 
claims  against  tlie  estate  of  the  deceased  in  case  the  personal  assets  are  in- 
sufliciont.  Claims  against  the  estate  must  be  clearly  stated,  sworn  to  and 
filed,  and  ten  days'  notice  of  hearing  thereof,  accompanied  by  a  coi)y  of  tlie 
claim  served  on  one  of  the  executors  in  the  manner  required  for  commencing 
original  proceedings,  unless  the  same  have  been  approved  by  the  executor  or 
administrator.  In  such  case  they  may  be  allowed  by  the  clerk  without 
notice.  Demands,  though  not  yet  due,  may  be  presented,  approved  and 
allowed  as  other  claims.  Contingent  liabilities  must  also  be  presented  and 
approved  or  the  executor  will  be  under  no  obligation  to  make  any  provision 
for  satisfying  them  when  tliey  may  afterwards  accrue.  As  soon  as  the  ex- 
ecutor is  possessed  of  svithcient  means  over  and  above  the  expenses  of 
administration  he  must  pay  off  the  charges  of  the  last  sickness  and  funeral 
of  deceased  ;  next  he  must  pay  any  allowance  which  may  be  made  by  the 
court  for  tlie  maintainance  of  the  widow  and  minor  children.  Other  demands 
against  the  estate  are  payable  in  the  following  order  .  1st,  Debts  entitled  to 
preference  under  the  laws  of  the  United  States.  2d.  Public  rates  and  taxes. 
3d.  Claims  filed  within  six  months  after  the  first  publication  of  the  notice 
given  by  the  executors  of  their  appointment.  4th.  All  other  debts.  5th.  Lega- 
cies. All  claims  of  tlie  fourth  of  the  al)ove  classes  not  filed  and  approved 
within  twelve  months  of  the  giving  of  the  notice  aforesaid,  are  barred 
unless  the  claim  is  pending  in  the  district  or  supreme  court,  or  unless  pecu- 
liar circumstances  entitle  the  claimant  to  et^uitable  relief.  After  the  expira- 
tion of  the  time  for  filing  the  claims  of  the  third  of  the  above  classes,  the 
■executor  must  proceed  to  pay  off  all  claims  against  the  estate  in  the  order 
above  stated,  as  fast  as  means  for  so  doing  come  into  his  hands.  Claims  of 
the  fourth  class  may  be  paid  off  at  any  time  after  the  expiration  of  six 
months,  without  any  regard  to  those  claims  not  filed  at  the  time  of  such  pay- 
ment. No  payment  can  be  made  to  the  claimant  in  any  one  class  until  those 
in  the  previous  class  are  satisfied.  Demands  not  yet  due  must  be  paid  off  if 
the  holder  will  consent  to  such  a  rebatement  of  interest  as  the  court  thinks 
reasonable,  otherwise  the  money  to  which  such  claimant  would  be  entitled 
is  to  be  safely  invested  until  his  debt  becomes  due.  Within  their  respective 
classes  debts  must  be  paid  off  in  the  order  in  which  they  are  filed,  unless 
there  are  n(jt  likely  to  be  means  sufficient  to  pay  off  the  debts  of  any  one 
class  ;  for  in  that  case  the  court  from  time  to  time  strikes  a  dividend  of  the 
means  on  hand  among  all  the  creditors  of  that  class,  and  the  executor  has  to 
pay  the  several  amounts  accordingly. 

Exemptions. — The  homestead  of  every  family,  whether  owned  by  the 
husband  or  wife,  is  exempt  from  judicial  sale.  A  widow  or  widower,  though 
without  children,  is  deemed  a  family  while  continuing  to  occupy  the  house 
used  as  such  at  the  time  of  the  death  of  the  husband  or  wife.  The  home- 
stead is  subject  to  mechanic's  liens  for  work,  labor  or  material  done  or  fur- 
nished exclusively  for  the  improvement  of  the  same,  and  the  whole  or  a  suf- 
ficient portion  thereof  may  be  sold  therefor.  The  homestead  may  be  sold 
on  execution  for  debts  contracted  prior  to  its  purchase,  but  it  cannot  in  such 
case  be  sold  except  to  supply  the  deficiency  remaining  after  exhausting  the 
other  property  of  the  debtor  liable  to  execution.  It  may  be  sold  for  debts 
created  by  written  contract  expressly  stipulating  that  the  homestead  is  liable 
therefor,  but  it  cannot  in  such  case  be  sold  except  to  supply  the  deficiency 
remaining  after  exliausting  the  other  property  pledged  for  the  payment  of 
the  debt  in  the  same  written  contract.  It  must  embrace  the  house  used  as  a 
home  by  the  owner,  and  if  he  has  two  or  more  houses  thus  used  at  different 
times  and  places,  he  may  select  which  he  will  retain  as  his  homestead.  It 
may  contain  one  or  more  lots  or  tracts  of  land  witli  the  buildings  thereon 
and  their  appurtenances,  but  must  in  no  case  embrace  different  lots  and 
[Iowa  16.] 


278  IOWA. 

tracts  unless  they  be  contiguous  or  unless  habitually  or  in  good  faith  used  as 
a  part  of  the  same  homestead.  If  within  a  town  plat  it  must  not  exceed 
one-half  an  acre  in  extent,  and  if  not  within  a  town  plat  it  must  not  embrace 
in  the  aggregate  more  than  forty  acres,  but  if  when  tlius  limited,  in  either 
case,  its  value  is  less  than  five  hundred  dollars,  it  may  be  enlarged  until  its 
value  reaches  that  amount. 

If  the  debtor  is  a  resident  of  this  state,  and  is  the  head  of  a  family,  he 
holds  exempt  from  execution  tlie  following  property  :  1st.  All  wearing  ap- 
parel of  himself  and  family  kept  for  actual  use  and  suitable  to  their  condi- 
tion, and  the  trunks  or  other  receptacles  necessary  to  contain  the  same.  2, 
One  musket  or  ritie  and  shot  gun.  3.  All  private  libraries,  family  bibles,, 
portraits,  pictures,  musical  instruments  and  paintings  not  kept  for  the  pur- 
pose of  sale,  4.  The  seat  or  pew  occupied  by  the  debtor  or  his  family  in  any 
house  of  public  worship.  5.  An  interest  in  a  public  or  private  burying 
ground  not  exceeding  one  acre  for  any  defendant.  6.  Two  cows  and  a  calf. 
7.  One  horse,  unless  a  horse  is  exempt  as  hereinafter  stated.  8.  Fifty  sheep 
and  the  wool  therefrom,  and  the  matters  manufactured  from  such  wool.  9, 
Six  stands  of  bees.  10.  Five  hogs,  and  all  pigs  under  six  months  old.  11. 
The  necessary  food  for  all  animals  exempt  from  execution  for  six  months. 
12.  AH  flax  raised  by  the  defendant  on  not  exceeding  one  acre  of  ground 
and  the  manufactures  therefrom.  1-3.  One  bedstead  and  the  necessary  bed- 
ding for  every  two  in  the  family.  14.  All  cloth  manufactured  by  the  defen- 
dant not  exceeding  one  hundred  yards  in  quantity.  15.  Household  and 
kitchen  furniture  not  exceeding  two  hundred  dollars  in  value.  16.  All  spin- 
ning wheels  and  looms.  17.  One  sewing  machine  and  other  instruments 
of  domestic  labor  kept  for  actual  use.  18.  The  necessary  provisions  and 
fuel  for  the  use  of  the  family  for  six  months.  19.  The  proper  tools,  instru- 
ments or  books  of  the  debtor  if  a  farmer,  mechanic,  surveyor,  clergymen, 
lawyer,  physician,  teacher  or  professor.  20.  The  horse  or  the  team  consist- 
ing of  not  more  than  two  horses  or  mules,  or  two  yoke  of  cattle,  and 
the  wagon  or  other  vehicle  with  the  proper  harness  or  tackle,  by  the  use  of 
which  the  debtor  if  a  physician,  public  officer,  farmer,  teamster,  or  other 
laborer  habitually  earns  his  living.  21.  The  printing  press  of  a  printer  and 
the  types,  furniture  and  material  necessary  for  the  use  of  such  printing  press 
and  the  newspaper  office  connected  therewith,  not  to  exceed  in  all  the  value 
of  twelve  thousand  dollars. 

Any  person  entitled  to  any  of  the  exemptions  mentioned  in  this  section 
does  not  waive  his  right  thereto  by  failing  to  designate  or  select  such  exempt 
property,  or  by  failing  to  object  to  a  levy  thereon  imless  failing  or  refusing 
so  to  do  when  required  to  make  such  designation  or  selection  by  the  officers 
about  to  levy.  If  the  debtor  be  a  seamstress,  one  sewing  machine  is  exempt 
from  execution  and  attachment.  The  word  "family"  does  not  include 
strangers  or  boarders  lodging  with  the  family.  The  earnings  of  the  debtor 
for  his  personal  service  or  those  of  his  family  at  any  time  within  ninety  days 
next  proceeding  the  levy  are  also  exempt  from  execjution  and  attachment. 
There  is  exempt  to  an  unmarried  person,  not  ths  head  of  a  family,  and  to 
non-residents,  their  own  ordinary  wearing  apparel  and  trunk  necessary  to 
contain  it.  Where  the  debtor,  if  the  head  of  a  family,  has  started  to  leave 
the  state,  h©  has  exempt  only  the  ordinary  wearing  apparel  for  himself  and 
family,  and  such  other  jiroperty  in  addition  as  he  may  select,  in  all  not  ex- 
ceeding seventy-five  dollars  in  value.  Any  person  coming  into  this  state,  with 
the  intention  of  remaining,  is  considered  a  resident  within  the  meaning  of  the 
exemption  law.  None  of  the  exemptions  stated  are  allowed  against  an  exe- 
cution issued  for  the  purchase  money  of  property  claimed  to  be  exempt,  and 
on  which  such  execution  is  levied.  "When  a  debtor  absconds  and  leaves  his 
family,  the  property  enumerated  under  this  title  is  exempt  in  the  hands  of 
the  wife  and  children  or  either  of  them. 

Interest. — The  rate  of  interest  is  six  per  cent,  on  money  due  ])y  express 
contract,  money  after  the  same  becomes  due,  money  loaned,  money  received 
to  the  use  of  another  and  retained  beyond  a  reasonable  time  without  the 

[Iowa.  17] 


.^OWA.  279 

owners  consent,  express  or  implied  ;  money  due  on  a  settlement  of  matured 
accounts  from  the  day  the  balance  is  ascertained;  money  due  upon  open  ac- 
counts after  six  months  from  the  date  of  the  last  item,  and  money  due  or  to 
become  due  where  there  isacontra(;t  to  pay  interest  and  no  rate  is  stipulated, 
but  in  all  eases  parties  may  agree  in  writing  for  the  payment  of  interest  not 
exceeding  ten  per  cent.  Interest  is  allowed  on  all  moneys  due  on  judgment 
or  decree  in  any  comi>otent  court  or  tribunal  at  the  rate  of  six  per  cent, 
unless  a  different  rate  is  fixed  by  the  contract  on  which  the  judgment  or  de- 
cree is  rendered,  in  which  case  the  judgment  or  decree  draws  interest  at  the 
rate  expressed  in  the  contract,  not  exceeding  ten  per  cent.,  which  rate  must 
be  expressed  in  the  judgment  or  decree. 

Judgments. — Judgments  in  the  supreme  and  district  courts  of  this  state 
are  liens  upon  the  real  estate  owned  by  the  defendant  at  the  time  of  their 
rendition,  and  also  upon  all  they  may  subsequently  acquire  for  the  period  of 
ten  years  from  the  date  of  the  judgment.  When  the  lands  lie  in  the  county 
in  which  the  judgment  is  rendered  the  lien  attaches  from  the  date  of  the 
rendition.  If  the  land  lie  in  another  county  the  lien  does  not  attach  until  an 
attested  copy  of  the  judgment  is  filed  in  the  office  of  the  clerk  of  the  district 
court  of  the  county  in  which  the  land  lies.  Judgments  in  the  district  or  cir- 
cuit courts  of  the  United  States,  if  rendered  in  this  state,  may  be  made  liens 
upon  the  real  estate  owned  by  the  defendant,  and  also  upon  all  he  may  sub- 
sequently acquire  for  the  period  of  ten  years  from  the  date  of  the  judgment, 
by  filing  an  attested  copy  of  the  judgment  in  the  office  of  the  clerk  of  said 
district  court  of  the  county  in  which  the  land  lies,  and  no  lien  shall  attach  to 
the  lands  in  any  county  of  this  state  until  the  date  of  the  filing  of  said 
transcript,  except  in  the  county  where  the  judgment  was  rendered,  in  which 
case  the  lien  attaches  from  the  date  of  the  judgment.  The  party  obtaining 
a  judgment  in  a  justices'  court  for  more  than  ten  dollars  may  cause  a  tran- 
script thereof  to  be  certified  to  the  office  of  the  clerk  of  the  district  court  of 
county,  and  the  clerk  must  forthwith  file  such  transcript  and  enter  a  memor- 
andum thereof  in  his  judgment  docket,  noting  the  time  of  filing  the  same, 
and  from  the  day  of  such  filing  it  is  considered  in  all  respects  as  a  judgment 
rendered  in  the  district  court  on  that  date,  and  no  execution  can  thereafter 
issue  by  the  justice  on  the  judgment. 

Liens. — Personal  property  transported  by,  or  stored  or  left  with  anyware- 
houseman.  forwarding  or  commission  merchant,  or  other  depository,  express 
company  or  carriers,  is  subject  to  a  lien  for  just  and  lawful  charges  on  the 
same,  and  for  the  transportation  advances  and  storage  thereon.  Keepers  of 
livery  and  feed  stables,  herders  and  feeders,  and  keepers  of  stock  for  hire, 
have  a  lien  on  all  stock  and  property  coming  into  their  hands  as  such,  for 
their  proper  charges  and  for  the  expense  of  keeping  when  the  same  have 
been  received  from  the  owner  or  from  any  person,  but  this  lien  is  subject  to 
all  prior  liens  of  record.  All  hotel,  inn,  or  eating  house  keepers  have  a  lien 
upon  and  may  take  and  retain  possession  of  all  baggage  and  other  property 
l>elonging  to  or  under  the  control  of  their  guests  which  maybe  in  such  hotel, 
inn,  or  eating  house,  for  the  value  of  their  contents,  accommodations  and 
keep,  and  for  all  money  paid  for  or  advanced  to  and  for  such  extras  and  other 
things  as  shall  be  furnished  such  guest,  and  such  property  so  retained  is  not 
exempt  from  attachment  or  execution  to  the  amount  of  the  proper  and  rea- 
sonable charges  of  such  hotel,  inn.  or  eating  house  keeper  against  such 
guest  and  the  cost  of  enforcing  the  lien  thereon.  Any  raft  found  in  the 
waters  of  this  state  is  liable  for  all  debts  ccmtracted  by  the  owner,  agent, 
clerk,  or  pilot  thereof,  on  account  of  work  done  or  services  rendered  for  such 
raft.  Claims  growing  out  of  either  of  the  above  causes  are  liens  upon  the 
raft,  its  tackle  and  appendages  for  the  term  of  twenty  days  from  the  time 
the  right  of  action  therefor  accrued.  The  action  may  be  brought  directly 
against  the  raft.  Property  attached  otherwise  than  by  garnishment  is  bound 
thereby  from  the  time  of  the  service  of  the  attachment  only.  The  ])laintift' 
who  has  levied  an  attachment,  or  who  is  plaintiff  in  execution  against  a  per- 
[lowa.  18] 


280  IOWA. 

son  who  owns  property  jointly  or  in  common  with  another,  or  who  is  a  mem- 
ber of  a  jjartuership,  has  a  lien  on  the  interests  of  the  defendant  therein  from 
the  time  such  i>roperty  is  taken  possession  of  by  the  officer,  sufficiently  to 
enable  him  to  inventory  and  ai^praise  the  same,  and  the  plaintiff  may  either 
before  or  after  he  obtains  judgment  in  the  action  in  which  the  attachment 
issued,  commence  an  action  by  equitable  proceedings  to  ascertain  the  nature 
and  extent  of  such  interest,  and  to  enforce  the  lien,  and  if  deemed  necessary 
or  proper,  the  court  or  judge  may  appoint  a  receiver.  No  writ  of  execution 
is  a  lien  on  personal  property  before  the  actual  levy  thereof.  The  plaintiff 
in  execution  has  a  lien  on  the  interest  of  the  defendant  who  owns  i^roperty 
jointly  or  in  common,  or  in  partnership  with  another,  from  the  time  the  offi- 
cer levies  on  and  takes  possession  of  the  property  so  owned,  sufficiently  to 
enable  him  to  appraise  and  inventory  the  same,  and  he  may  commence  an 
action  by  eipiitable  proceedings  to  ascertain  the  nature  and  extent  of  such 
interest  and  to  enforce  the  lien,  and  if  deemed  necessaiy  or  proper,  the  court 
or  judge  may  appoint  a  receiver.  The  lien  of  a  judgment  does  not  attach 
to  property  which  is  exempt  from  sale  on  execution  thereunder,  and  has  been 
so  held  in  the  case  of  a  homestead.  A  landlord  has  a  lien  for  his  rent  upon 
all  crops  grown  vipon  the  demised  premises  and  upon  any  other  personal 
property  of  the  tenant  which  has  been  used  on  the  premises  during  the  term, 
and  not  exempt  from  execution,  for  the  period  of  one  year  after  a  years'  rent 
or  the  rent  of  a  shoi'ter  period  falls  due,  but  such  lien  does  not  in  any  case 
continue  more  than  six  months  from  the  expiration  of  the  term.  No  person 
is  entitled  to  a  mechanics'  lien  who,  at  the  time  of  executing  or  making  the 
contract  for  furnishing  material  or  performing  labor,  or  during  the  progress 
of  the  work,  erection,  building,  or  other  improvement,  has  taken  any  collat- 
eral security  on  such  contract,  but  after  the  comijletion  of  such  work,  and 
when  the  contractor  or  any  other  person  shall  have  become  entitled  to  claim 
or  have  a  lien,  the  taking  of  collateral  or  other  security  does  not  affect  the 
right  to  such  mechanic's  lien.  Every  mechanic  or  other  person  who  does 
any  labor  upon  or  furnished  any  material,  machinery  or  fixtures  for  any  build- 
ing, erection  or  improvement  upon  land,  including  those  engaged  in  the  con- 
struction or  repair  of  any  work  of  internal  improvement,  by  virtue  of  any 
contract  with  the  owner,  lus  agent,  trustee,  contractor  or  sub-contractor, 
upon  complying  with  certain  formalities,  has,  for  his  labor  done  or  materials, 
or  machinery  or  fixtures  furnished,  a  lien  upon  such  building,  erection  or  im- 
provement, and  upon  the  land  belonging  to  such  owner  on  which  the  same  is 
situated  to  secure  the  payment  of  such  labor  done,  or  materials,  or  machin- 
ery, or  fixtures  furnished.  The  entire  land  upon  which  the  building,  etc.,  is 
situated,  mcluding  that  portion  of  the  same  not  covered  therewith,  is  subject 
to  the  lien  to  the  extent  of  all  the  right,  title  and  interest  owned  therein  by 
the  owner  of  the  property,  for  whose  improvement,  use  or  benefit  the  labor 
"Was  done  or  things  furnished.  Every  person,  whether  contractor  or  sub- 
contractor, who  wishes  to  preserve  his  lien,  must  file  with  the  clerk  of  the 
district  court  in  the  county  in  which  the  building,  etc.,  is  situated,  a  state- 
ment or  account  of  the  demands  due  him,  after  allowing  credits,  setting  forth 
the  time  when  the  material  was  furnished  or  labor  performed,  and  when  com- 
pleted ;  ami  containing  a  correct  description  of  the  property  to  be  charged 
with  the  lien,  and  verified  by  affidavit.  This  verified  statement  or  account 
must  be  filed  by  the  principal  contractor  within  ninety  days,  and  by  the  sub- 
contractor within  thirty  days  from  the  date  on  which  the  last  of  the  material 
was  furnished  or  last  of  the  labor  was  performed,  but  a  failure  or  ommission 
to  file  the  same  withhi  these  two  periods  does  not  defeat  the  lien,  except  as 
against  ])urchasers  <u"  encumbrances  in  good  faith  without  notice,  whose 
rights  accrued  after  the  thirty  or  ninety  days,  as  the  case  may  be,  and  before 
any  claim  fur  the  lien  was  filed. 

Limitations. — The;  following  actions  may  be  brought  within  the  times 
hereafter  limitcil  respectively,  after  their  causes  acci-ue,  and  not  afterwards, 
to  wit :  1st.  Actions  founded  on  injuries  to  the  person,  or  reputation,  whether 
based  on  contract  or  tort,  or  for  a  statute  penalty,  within  two  years  ;  2d. 

[Iowa.  19.] 


IOWA.  281 

Actions  to  enforce  a  mechanics'  lien,  -within  two  years  from  tlie  time  of  the 
•filing  of  tlie  statement  in  tlie  clerk's  office  ;  8(1.  Actions  against  a  sheriff  or 
other  public  officer,  growing  out  of  a  liability  incurred  by  the  doing  of  an  act 
in  an  official  capacity,  or  by  the  omission  of  an  official  duty,  including  tlie 
nou-i)ayment  of  money  collected  on  execution,  within  three  years  ;  4th.  Ac- 
tions founded  on  unwritten  contracts,  those  brought  for  injuries  to  property, 
or  for'relief  on  the  grovind  of  fraud,  in  cases  heretofore  cognizable  in  a  court 
of  chancery,  and  all  other  actions  not  otherwise  enumerated,  under  this  title 
of  limitations  must  be  brought  within  five  years  ;  5th.  Actions  founded  on 
written  contracts,  on  judgments  of  any  courts  except  ct)urts  of  record,  Iowa,  or 
any  other  state,  or  of  the  federal  courts  of  the  Uniteil  States,  must  be  brought 
within  ten  years,  and  also  actions  for  the  recovery  of  real  property  ;  6th. 
Actions  founded  on  a  juilgment  of  a  court  of  record,  whether  of  this  or  any 
otlier  of  the  United  States,  or  of  the  federal  courts  of  the  United  States 
within  twenty  years.  Any  actions  for  relief  on  the  ground  of  fraud  or  mis- 
take, or  any  actions  for  trespass  to  property,  the  cause  of  action  is  not 
deemed  to  have  accrued  until  tlie  fi'aud,  mistake  or  trespass  complained  of, 
be  discovered  by  the  p;irty  aggrieved.  "When  there  is  a  continuous  open  cur- 
rent account,  tlie  cause  of  action  is  deemed  to  have  accrued  on  the  date  of 
the  last  item  therein,  as  proved  on  the  trial.  When  the  cause  of  action  has 
been  fully  barred  by  the  laws  of  any  country  where  the  defendant  has  pre- 
viously resided,  such  bar  is  the  same  defense  here,  as  though  it  had  origin 
under  ourstatute  of  limitations,  unless  the  cause  of  action  arose  within  this 
state.  Causes  of  action  founded  on  contract,  are  revived  by  an  admission  that 
the  debt  is  unpaid,  as  well  as  by  a  new  promise  to  pay  the  same,  but  such 
admission  or  new  promise  must  be  in  writing,  signed  by  the  party  to  be 
charged  thereby.  A  counter  claim  may  be  pleaded  as  a  defence  to  any  cause  of 
action,  notwithstanding  the  same  is  barred  by  any  statute  of  limitations  in 
this  state,  if  such  counter  claim  so  pleaded  was  the  property  of  the  party 
pleading  it,  at  the  time  it  became  barred,  and  the  same  was  not  barred  at  the 
time  the  claim  sued  or  originated. 

Married  Women. — Married  women  may  convey  or  encumber  any  real  es- 
tate or  interest  therein  belonging  to  them,  and  may  control  the  same  or  con- 
tract with  reference  thereto,  to  the  same  extent  and  in  the  same  manner  as 
other  persons.  Every  conveyance  made  by  a  husband  and  wife  jointly  is 
deemed  sufficient  to  pass  any  and  all  right  of  either  in  the  property,  unless 
the  contrary  appears  on  the  face  of  the  conveyance.  In  cases  where  either  a 
husband  or  wife  joins  in  the  conveyance  of  real  property  owned  by  either, 
the  husband  or  wife  so  joining  is  not  bound  by  the  covenants  of  such  convey- 
ance, unless  it  is  expressly  so  stated  on  the  face  thereof.  A  married  woman 
may  own  in  her  own  right,  real  and  personal  property  acquired  by  descent, 
gift,  or  purchase,  and  manage,  sell,  convey  or  devise  the  same  by  a  will  to 
the  same  extent  and  in  the  same  manner  that  the  husband  can  property  fall- 
ing to  him.  When  property  is  owned  by  either  the  husband  or  wife,  the 
other  has  no  interest  therein  which  can  be  the  subject  of  contract  between 
them,  or  such  interest  as  will  make  the  same  liable  for  the  contracts  or  lia- 
bility of  either  the  husband  or  wife,  who  was  not  the  owner  of  the  property, 
except  as  hereafter  stated  under  this  title.  Should  either  the  husband  or 
wife  obtain  possession  or  control  of  property  belonging  to  the  other,  either 
before  or  after  marriage,  the  owner  of  the  property  may  maintain  an  action 
therefor,  or  for  any  right  growing  out  of  the  same,  in  the  same  manner  and 
to  the  same  extent  as  if  they  were  unmarried.  For  all  civil  injuries  com- 
mitted by  a  married  woman,  damages  may  be  recovered  from  her  alone,  and 
her  husband  is  not  responsible  therefor,  except  in  cases  where  he  would  be 
jointly  responsible  with  her  if  the  marriage  did  not  exist.  A  conveyance, 
transfer  or  loan,  executed  by  either  husband  or  wife,  to  or  in  favor  of  the 
other,  is  valid  to  the  same  extent  as  between  other  persons.  A  wife  may  re- 
ceive the  wages  of  her  jjersonal  labor,  and  maintain  an  action  therefor  in  her 
own  name,  and  hold  the  same  in  her  own  right ;  and  she  may  prosecute  and 
defend  all  actions  at  law  or  in  equity,  for  the  preservation  or  protection  of 

llowa  30.1 


282  IOWA. 

her  rights  and  property  as  if  unmarried.  Neither  husband  nor  wife  is  liable 
for  the  debts  or  liabilities  of  the  other,  incurred  before  marriage,  except  as 
stated  under  this  title  ;  they  are  not  liable  for  the  separate  debts  of  eacli 
other,  nor  are  the  wages,  earnings,  or  property  of  eitlier,  nor  is  the  rent  or 
income  of  such  property  liable  for  the  separate  debts  of  the  other.  Contracts 
may  be  made  by  tlie  wife,  and  liabilities  incurred  and  the  same  inforced  by  or 
against  her  to  the  same  extent,  and  in  the  same  manner  as  if  she  were  un- 
married. The  expenses  of  the  family  and  the  education  of  the  children,  are 
chargeable  upon  the  i^roperty  of  both  husband  and  wife,  or  on  either  of  them, 
and  in  relation  thereto,  they  may  be  sued  jointly  or  separately.  A  married 
woman  may,  iii  all  cases,  sue  or  be  sued  without  joining  her  husband  with 
her,  to  the  same  extent  as  if  she  were  unmarried  ;  and  an  attachment  or 
judgment  in  such  action  is  enforced  by  or  against  her,  as  if  she  were  a  single 
woman.  If  husband  and  wife  are  sued  together,  the  wife  may  defend  for 
her  own  right,  and  if  either  neglect  to  defend,  the  other  may  defend  for 
such  one  also. 

Mechanics'  Liens. — ( See  Liens. ) 

Mortgages. — No  instrument  conveying  real  estate  is  of  any  validity  against 
subsequent  purchasers  for  consideration  without  notice,  unless  recorded 
in  the  office  of  the  recorder  of  the  county  in  which  the  land  lies,  and  is  not 
deemed  lawfully  recorded  unless  it  has  been  previously  acknowledged  or 
proved.  The  assignment  of  the  note,  secured  by  mortgage,  carries  the  mort- 
gage with  it  as  incidental.  An  action  on  a  note  given  with  a  mortgage  or 
deed  of  trust,  for  the  foreclosure  of  the  same,  is  by  equitable  proceedings. 
A  mortgagor  has  one  year  from  the  time  of  the  sale  within  "which  to  redeem^ 
(See  Deeds.) 

Notes  and  Bills. — Notes  are  negotiable  by  endorsement  and  delivery,  in 
the  same  manner  as  inland  bills  of  exchange,  according  to  custom  of  the  mer- 
chants. The  payee  may  maintain  an  action  against  the  maker,  and  any  per- 
son to  whom  the  note  is  indorsed  or  delivered,  may  maintain  an  action  in  his 
own  name,  against  the  maker  or  indorser,  or  both  of  them.  Bonds,  due 
bills,  and  all  statements  in  writing,  by  which  the  maker  i)romises  to  pay  to 
another,  without  words  of  negotiability,  a  sum  of  money,  or  by  which  he 
promises  to  i)ay  a  sum  of  money  in  property  or  labor,  or  to  pay  or  deliver 
any  property  or  labor,  or  acknowledges  any  money  or  labor,  or  property  to  be 
due,  are  assignable  by  indorsement  thereon,  or  by  other  writing,  and  the  as- 
signee has  a  right  of  action  in  his  own  name,  subject  to  any  defense  or  counter 
claim  which  the  maker  or  debtor  had  against  any  assignor  thereof  before  no- 
tice of  his  assignment.  Instruments  by  which  the  maker  promises  to  pay  a 
sum  of  money  in  property  or  labor,  or  to  pay  or  deliver  property  or  labor,  or 
acknowledges  property  or  labor  or  money  to  be  due  to  another,  are  negoti- 
able instruments  with  all  the  incidents  of  negotiability,  whenever  it  is  mani- 
fest from  their  terms  that  such  was  the  intent  of  the  maker;  but  the  use  of 
the  technical  words  "Order"  or  "Bearer,"  alone  will  not  manifest  such 
intent.  When  by  the  terms  of  an  instrument,  its  assignment  is  prohil)ited, 
an  assignment  nevertheless  is  valid,  but  the  maker  may  free  himself  of  any 
defence  or  counter  claim  against  the  assignees,  which  he  may  have  against 
any  assignees  thereof  before  suit  is  commenced.  An  open  account  of  sums 
of  money  due  on  contract,  may  be  assigned,  and  the  assignee  will  have  the 
right  of  action  in  his  own  name,  but  subject  to  the  same  defenses  and  coun- 
terclaim, as  the  instrument  before  mentioned.  The  assignee  of  any  of  the 
above  instrumentsof  negotiability  is  liable  to  the  action  of  hisa.ssignee  with- 
out notice.  The  blank  indorsement  of  an  instrument  for  the  payment  of 
money,  property  or  labor,  by  a  person  not  a  payee,  indorsee,  or  assignee 
thereof,  is  deemed  a  guarantee  of  the  performance  of  the  contract.  To  charge- 
such  guarantor,  notice  of  the  ncm-payment  by  the  i)rincipal  must  be  given 
within  a  reasonable  time,  but  the  guarantor  is  chargeable  without  notice  if 
the  holder  show  that  the  guarantor  has  received  no  detriment  from  the  want  of 

Iowa.  21.] 


IOWA.  283 

notice.  A  jj;aaraiitorisalsoliablctoanactionof  the  indorsee,  assifpiec,  orpayec, 
ii"  due  diligence  in  the  in.stitution  and  proseeutiou  of  the  suit  aj^ainst  the  maker 
or  his  representatives  has  been  used.  Grace  is  allowed  upon  neu^otiable  bill* 
and  notes,  payable  within  this  state,  according  to  tlio  principles  of  the 
law -merchant,  and  notice  of  non-acceptance  or  non-payment,  or  both,  of  such 
instrument,  is  required  according  to  the  rules  and  principals  of  the  commer- 
cial law.  All  bills  of  exchange,  drafts  and  orders,  payable  within  this  state, 
excei)t  those  drawn  payable  on  demand,  are  entitled  to  grace.  A  demand  at 
any  time  during  the  days  of  grace  is  sufficient  for  the  puri)ose  of  charging 
the  endorser.  Sunday,  the  first  day  of  January,  the  thirtieth  day  of  May, 
the  fourth  day  of  July,  twenty-fifth  day  of  December,  and  any  day  appointed 
or  recommended  by  the  governor  of  this  state,  or  by  the  President  of  the 
United  States,  as  a  day  of  fast  or  of  thanksgiving,  are  regarded  as  holidays 
for  all  purposes  relating  to  the  presenting  for  jjuyment  or  acceptance,  and 
the  protesting  and  giving  notice  of  the  dishonor  of  bills  of  exchange,  bank 
checks  and  promissory  notes,  and  any  bank  or  commercial  paper  falling  due 
on  any  of  the  days  named,  is  considered  as  falling  due  on  the  preceding  day. 
In  case  of  the  demand  of  payment  of  any  promissory  note,  bill  of  exchange, 
or  other  commercial  pajjer  by  a  notary  public,  and  the  refusal  by  the  maker, 
drawer,  or  acceptor,  as  the  case  may  be,  the  notary  making  such  demand 
may  inform  the  indorsee  of  any  party  to  be  charged,  if  in  the  same  town  or 
townshii),  by  a  notice  deposited  in  the  nearest  post-office  to  the  parties  to  be 
charged  on  the  day  of  demand,  and  no  other  notice  is  necessaiy  to  charge 
said  party.  The  rate  of  damages  to  be  allowed  and  paid  upon  the  non-ac- 
ceptance or  non-payment  of  bills  of  exchange  drawn  or  indorsed,  in  this  sate, 
when  damage  is  recoverable,  is  as  follows  :  If  the  bill  ]>e  drawn  upon  a  per- 
son out  of  the  United  States,  or  in  California,  Oregon,  or  Nevada,  or  any  of 
the  territories,  five  per  cent,  upon  the  principal  specified  in  the  bill,  with 
interest  on  the  same  from  the  time  of  the  i)rotest.  If  drawn  upon  a  i)erson 
at  any  other  place  in  the  United  States  other  than  in  this  state,  three  per- 
cent, with  interest.  When  the  holder  of  an  instrument  for  the  payment  of 
money,  is  absent  from  the  state  when  it  l>ecomes  due,  and  when  the  indorsee 
or  assignee  of  such  instrument  has  not  notified  the  maker  of  such  indorse- 
ment or  assignment,  the  maker  may  tender  payment  at  the  last  residence  or 
place  of  business  of  the  payee,  before  the  instrument  became  due  ;  and  if 
there  be  no  person  authorized  to  receive  payment  and  give  the  proper  credit 
therefor,  the  maker  may  deposit  the  amount  due  with  the  clerk  of  the  dis- 
trict court  in  the  county  where  the  payee  resided  at  the  time  it  became  due, 
paying  the  clerk  (me  i)er  cent,  on  the  amount  deposited,  and  the  maker  is  not 
liable  for  any  interest  from  that  time. 

Stay  of  Execution. — On  all  judgments  for  the  recovery  of  money,  except 
those  rendered  in  any  court  on  an  appeal  or  writ  of  error  thereto,  or  against 
any  officer,  person  or  corporation,  or  the  sureties  of  any  of  them,  for  mcmey 
received  in  a  fiduciary  capacity,  or  for  the  breach  of  any  official  duty,  there 
may  be  a  stay  of  execution  if  the  defendant  therein  shall,  within  ten  days 
from  the  entry  of  Judgment,  procure  one  or  more  sufficient  freehold  sureties 
to  enter  into  a  bond  acknowledging  themselves  security  for  the  i)ayment  of 
the  judgment,  interest  and  costs  from  the  time  of  rendering  the  judgment 
until  paid,  as  follows:  1st.  If  the  sum  for  which  the  judgment  was  ren- 
dered, exclusive  of  costs,  does  not  exceed  one  hundred  dollars,  three  numths. 
2d.  If  such  sum  and  costs  exceed  one  luuidred  dollars  and  costs,  six  months. 
All  judgments  bear  interest  at  the  rate  of  ten  per  cent,  per  annum,  on  which 
stay  is  taken.  Officers  approving  stay  bonds  must  require  the  affidavit  of 
the  signers  of  such  bond,  that  they  own  real  estate  not  exempt  from  execu- 
tion and  unincumbered,  to  the  value  of  twice  the  amount  of  the  judgment. 
No  appeal  is  allowed  after  such  stay  has  been  obtained,  nor  can  a  stay  be 
taken  on  a  judgment  against  one  who  is  surety  in  the  stay  of  execution,  and 
such  stay  is  iiot  allowed  to  any  judgment  by  a  laboring  man  or  mechanic  for 
his  wages.  The  surety  for  the  stay  of  execution  may  be  taken  and  approved 
by  the  clerk,  ana  the  bond  must  be  recorded  in  a  book  kept  for  that  pun^ose^ 
(Iowa.  22 


284  row  A. 

and  has  the  force  and  effect  of  a  judgment  confessed  from  the  date  thereof 
a,gamst  the  property  of  the  sureties,  and  the  clerk  must  enter  and  index  the 
same  in  the  proper  judgment  docket,  as  in  the  case  of  other  judgments. 
When  the  surety  is  entered  after  execution  issued,  the  clerk  must  immedi- 
ately notify  the  sheriff  of  the  stay,  and  he  must  forthwith  return  the  execu- 
tion with  his  doings  thereon.  All  property  levied  on  before  stay  of  execvi- 
tion,  and  all  written  undertakings  for  the  delivery  of  personal  property  to 
the  sheriff,  must  be  relinquished  by  the  officer  upon  stay  of  execution  being 
entered.  At  the  expiration  of  the  stay,  the  clerk  must  issue  joint  execution 
.against  the  property  of  all  the  judgment  debtors  and  sureties,  describing 
-them  as  debtors  or  sureties  therein.  When  any  court  renders  judgment 
against  two  or  more  persons,  any  of  whom  is  surety  for  any  other  in  the  con- 
tract on  which  judgment  is  founded,  there  is  no  stay  of  execution  allowed 
if  the  surety  object  thereto  at  the  time  of  rendering  the  judgment,  where- 
upon it  must  be  ordered  by  the  covirt  that  there  be  no  stay  unless  the  surety 
for  the  stay  of  execution  will  undertake  specifically  to  pay  the  judgment  in 
«ase  the  amount  thereof  cannot  be  levied  of  the  i:)rincipal  defendant.  Any 
surety  for  the  stay  of  execution  may  file  with  the  clerk  an  affidavit  stating 
that  he  verily  believes  that  he  will  be  liable  for  the  judgment,  interest  and 
costs  thereon,  unless  execution  issue  immediately,  and  the  clerk  must  there- 
upon issue  execution  forthwith,  vmless  other  sufficient  surety  be  entered 
before  the  clerk,  as  in  other  cases.  If  other  sufficient  surety  be  entered,  it 
has  the  force  of  the  original  surety  entered  before  the  filing  of  the  affidavit, 
and  discharges  the  original  surety.  Where  stay  of  execution  has  been 
taken,  it  does  not  release  any  judgment  lien  by  virtue  of  the  original  judg- 
ment for  the  amount  then  due.  The  officer  holding  the  said  execution  must 
return  thereon  what  amount  was  made  from  the  principal  debtor,  and  how 
mucli  from  the  surety. 

Trust  Deeds. — Deeds  of  trust  of  real  or  personal  property  may  be  execu- 
ted as  securities  for  the  performance  of  contracts,  and  are  considered  as  and 
foreclosed  like  mortgages.  No  deed  of  trust  or  mortgage  of  real  estate,  with 
^r  without  power  of  sale,  can  be  foreclosed  in  any  other  manner  than  by  ac- 
tion in  court  by  equitable  proceedings. 


[Iowa.  2S] 


IOWA. 


285. 


ATTORNEYS    IN     IOWA. 


Bold  Face  Type  denotes  county  seats.        A  dash  (— ] 
Figures  after  names  ■when  admitted  to  the  Bar. 
A  double  dagger  (J)  our  Compiler  of  Laws. 
A  dagger  (f)  former  recommendations  withdrawn. 


less  than  100  population. 
A  star  (*)  Notaries  Public. 


PLACK 

COUNTY. 

Ackley 

Hardin 

Adair 

Adair 

Adel 

Dallas 

Afton 

Union 

Albia 

Monroe 

Algona 

Kossuth 

Allison 

Butler 

Ames 

Story 

Anamosa 

Jones 

Anita 

Cass 

Atlantic 

Cass 

Audubon 

Audubon 

Avoca 

Pottawattamie 

Bedford 

Taylor 

Belle  Plain 

Benton 

Belleviie 

Jackson 

Bloomfield 

Davis 

Boonesborough 

Boone 

Boone 

Boone 

Brooklyn 

Poweshiek 

Burlington 

Des  Moines 

Callmar 

Winneshiek 

Carroll 

Carroll 

Carson 

Pottawattamie 

Cedar  Falls 

Black  Hawk 

NAMES   OF  ATTORNEYS. 


POPULA'N.. 


John  Eiler. 

J.  M.  Moore. 

North  &  Nichols. 

(See  Creston.) 

J.  M.  Townsend. 

A.  F.  Call. 

W.  A.  Lathrop. 

George  A.  Underwood. 

Remley  &  Eranbrack. 

James  E.  Bruce. 

ROCKAFELLOW  (J.  B.)  & 
SCOTT  (J.  H.), 

E.  E.  Bryrum. 

FREMONT  BENJAMIN,  '81, 

^V.  E.  Crum. 

J.  J.  Mosuat. 

J.  Kelso. 

Amos  Steckle. 

J.  C.  Power. 

E.  L.  GREEN,  '75. 

J.  T.  Scott. 
rLA  MONTE  COWLES, 
)  25  Parsons  Block. 

1  W.  B.  CULBERTSON,  '56, 
I  209  Washington  St. 

J.  B.  Kaye. 

Thos.  F.  Barbee. 

(See  Avoca.) 

Hemenway  &  Grundy. 

Cedar  Rapids.  Lynn  County.  Population,  15,426. 

Blake  Ti8  &  Hormel  '70,  41  S.  2d  St. 
COOPER  &  CRISSMAN,  44  2d  Ave. 

Cooper,  A.  T. 

Crissman,  W.  L. 
Rickel,  Henry,  '66,  30  1st  Ave. 
SMITH,  A.  ST.  CLAIR,  '67,  cor.  2d  Ave.  and  S.  2d  Sts. 

WALTER  S.  JOHNSON, 
J-  S.  D.  HICKMAN,  '73.* 
t  S.  S.  KING,  '67. 

Starr  &  Harrison. 


1,517 
14,103 
1,300 
1,231 
2,142 
3,000 
336 
1,500 
2,500' 
1,000 

4,000 
1,200 
1,607 
3,000 
2,750' 
1,800 
2,500 
1,586 
4,331 
1,300 

23,459' 

1,000 

2,000 

486- 

3,385' 


Centreville 

Appanoose 

Chariton 

Lucas 

Charles  City 

Floyd 

3,434 

2,891 
3,500 


286 


IOWA. 


PLACE. 

COUNTY. 

NAMES    OF   ATTORNEYS.     POPULA'N 

Cherokee 

Cherokee 

E.  C.  Herrick. 

2,300 

Clarinda 

Page 

T.  R.  STOCKTON,  '61. 

2,808 

Clarion 

Wright 

Nagle  &  Birdsall. 

1,500 

Clear  Lake 

Cerro  Gordo 

D.  W.  Burn. 

1,200 

Clinton 

Iowa 

5  ROBT.  R.  BALDWIN. 
(  Geo.  B.  Young. 

12,012 

Columbus  Junction  Louisa 

<;  Robert  Caldwell. 
( t  Arthur  Springer. 

965 

Concord 

Hancock 

Brockwav  &  Elder. 

1,000 

Corning 

Adams 

^Y.  0.  MITCHELL. 

1,483 

Corydon 

Wayne 

W.  F.  Howell. 

900 

Council  Bluffs 

Pottawattamie 

Wright,  Baldwin  &  Haldaner, 

,  21,557 

Cresco 

Howard 

W.  k.  Barker. 

1,888 

(h-eston 

Union 

JOHN  M.  HAYES,  '80. 

7,393 

Dakotah  City 

Humboldt 

(See  Humboldt.) 

366 

Davenport 

Scott 

Bills  &  Block. 

25,000 

Decorah 

Winneshiek 

L.  Bullis. 

2,692 

Denison 

Crawford 

E.  K.  Burch,  '77. 

f  JRunnells  &  Walker. 
1          Runnells,  Jno.  S. 

1,633 

Des  Moines 

Polk 

\          AValker,  Forshay. 

1  See  Card  in  Apjiendix,  page  xxx. 

L  Coffin,  N.E. 

32,469 

De  Witt 

Clinton 

W.  A.  COTTON. 

1,395 

Dubuque 

Dubuque 

i  A.  Cragin. 

\]  C.  Leckie. 

26,330 

Dunlap 

Harrison 

Amsden  &  Wilmot. 

2,000 

Dyersville 

Dubuque 

Utt  Bros. 

1,055 

Eagle  Grove 

Wright 

Cook  &  Filkin. 

1,500 

Edclyville 

Wapello 

R.  M.  Boyd. 

1,200 

Eldon 

Wapello 

S.  Cornell. 

1,500 

Eldora 

Hardin 

ALBROOK   (C.    E.)   & 

HARDIN  (J.  F.) 

.  1,644 

Elkader 

Clayton 

R.  E.  Price. 

950 

Emmettsburgli 

Palo  Alto 

Harrison  &  Jenswald. 

1,500 

Fairfield 

Jefterson 

5  C.  E.  Noble,  '80.* 

(  WILSON  &  HINKLE,  '79. 

3,262 

Forest  City 

Winnebago 

J.  E.  Anderson. 

998 

Fort  Dodge 

Webster 

5  W.  P.  O'Connell. 
(  f  Gvs  T.  Peterson, 

5,000 

Fort  Madison 

Lee 

J.  D.  Hamilton. 

4,925 

Glenwood 

Mills 

E.  B.  Woodruff. 

2,000 

Grand  Junction 

Greene 

W.  W.  Turner. 

1,000 

Greenfield 

Adair 

F.  0.  Hinkson. 

1,500 

Grinnell 

Poweshiek 

AV.  H.  Briggs. 

3,320 

Grundy  Centre 

Grundy 

Daniel  Kerr. 

1,209 

Guthrie  Centre 

Guthrie 

J.  H.  Applegate. 

1,000 

]Ianibur<f 

Fremont 

R.  K.  CRANDAL. 

1,785 

Hampton 

Franklin 

WM.  HOY. 

1,715 

Harlan 

Shelby 

P.  Wicks. 

2,300 

Hartley 

O'Brien 

(See  Sanborn.^ 

200 

Humboldt 

Humboldt 

PROUTY,  COYLE  & 

HARVEY, 

,  1,047 

Ida  Grove 

Ida 

L.  A.  Berry. 

1,800 

Independence 

Buchanan 

CHAS.  E.  RANSIER,  '76. 

3,324 

Indianola 

Warren 

II.  McNeil. 

2,081 

Iowa  City 

Johnson 

MAX  OTTO. 

6,748 

Iowa  Falls 

Hardin 

O.  W.  Garrison. 

1,737 

Jefferson 

Greene 

Russell  &  Tollwer. 

2,000 

lOAVA. 


287 


ri..vcic. 

COUNTY. 

Keokuk 

Lee 

Keosauqua 

Van  Buren 

Knoxville 

Marion 

Laiisiny 

Allamakee 

Laporte  City 

Black  Hawk 

Le  Mars 

Plymouth 

Leon 

Decatur 

Ijogan 

Harrison 

Lucas 

Lucas 

Lyons 

Clinton 

McGrei;(i!' 

Clayton 

Manchester 

Delaware 

]Mauniii,n- 

Carroll 

Maquoketa 

Jackson 

Marengo 

L)wa 

Marion 

Linn 

Marshalltown 

Marshall 

Mason  City 

Cerro  Gordo 

Missouri  Valley 

Harrison 

Monroe 

Jasper 

Montezuma 

Poweshiek 

Monticello 

Jones 

Montrose 

Lee 

Mt.  Ayr 

Ringgold 

Mt.  Pleasant 

1 lenry 

Muscatine 

Muscatine 

Nashua 

Chickasaw 

Nevada 

Story 

New  Hampton 

Chickasaw 

Newton 

Jasper 

( )akland 

Pottawattamie 

( )debolt 

Sac 

Onawa 

Monona 

Osage 

Mitchell 

Osceola 

Clarke 

Oskaloosa 

Mahaska 

Ottumwa 

Wapello 

Paulina 

O'Brien 

Pella 

Marion 

Perry 

Dallas 

Pocahontas 

Pocahontas 

Primghar 

O'Brien 

Bed  Oak 

Montgomery 

Kockford 

Floyd 

Bock  Rapids 

Lyon 

Rockwell  City 

Calhoun 

Sabula 

Jackson 

Sac  City 

Sac 

Sanborn 

O'Brien 

Sheldon 

O'Brien 

Shenandoah 

Page 

Sibley 

Osceola 

Sidney 

Fremont 

Sigourney 

Keokuk 

Sioux  City. 

Woodbury  ' 

KAMES   OF   ATTOKXKY'S.      I'OPULA'x. 

Anderson,  Davis  &  Hagernian.  13,151 

Wherry  &  Walker.  1.200 

T.  J.  Anderson.  3,000 

L.  E.  Fellows.  1,793 

E.  M.  Sharon.  1,100 

Curtis  &  Durlcy.  4,500 

Samuel  Forrey,  "5^).  1,423 

L.  11.  Bolter  &  Sons.  960 

G.  G.  Reside.  1,700 

R.  T.  Sponce.  5,000 

Noble  &  Updegraff.  1,602 

Bronson,  Carr  &  Le  Roy,  2,500 

A.  T.  Bennett.  1,300 

Levi  Keck.  3,500 

Hedges,  Rumple  &  Lake.  1,932 

J.  C."  Davis.  4,000 

J.  M.  Holt,  '80.  8,298 

Caid  iV:  Montague.  3,519 

Dewell  &  McGavern.  2,500 

J.  Kipp  &  Son.  1,049 

Clark  &  Cheshire.  1,000 

Herrick  &  Doxsee.  1,826 

W.  Galland.  1,010 
LAUGHLIN  &  CAMPBELL.  1,274 

Fredk.  Hope,  '80.  3,837 

Richman  &  Bnrk.  10,389 

A.  G.  Lawrence.  1,208 
J.  L.  Dana.  2,000 
I.  R.  Bane.  1,400 
Ryan  &  McElroy.  2,902 
(See  Avoca.)  435 
W.  A.  Ilelsell.  1,600 
J.  E.  Telleck.  1,200 
Foreman  &  Marsh.  2,037 
M.  T.  Temple,  '74.  2,158 
Crookliani  A:  Crookham.  6,012 
Chambers  '68,  McElroy  "73 

&  Roberts  "80.  10,506 

(See  Sanborn.)  255 

Bosquet  &  Earle.  2,292 

Cardell  &  Shortly.  3,000 

McEwan  &  Garlock.  150 

(See  Sanborn.)  206 

Z.  T.  Fisher.  4,000 

E.  P.  Andrews.  1,100 

B.  L.  Richards.  1,000 
M.  W.  FRICK.  370 
J.  Hilsinger.  1,069 
Mason  &  Thomas.  2,000 
MILT.  H.  ALLEN,  '81.*  1,127 
ALFRED  MORTON,  '59.  1,006 
James  McCabe.  2,100 
J.  T.  Barclay.  1,500 
Anderson  &  Eaton.  1,000 
G.  D.  Woodin.  1,800 

jNTY.        Population,  19,160. 


Clarke,  Willis  G.,  '80,  505  Douglass  St. 
CLELLAND,  JONAS  M.,  '72,  325  4th  St. 


288 


IOWA. 


SIOUX  CITY— Continued. 

Lotlirop,  J.  S.,  '65,  320  4th  St. 

See  Card  in  Appendix,  page  ix. 

SMITH  &  ROBERTS  '79,  408  Pierce  St. 
DeGUIBERT,  L.  C,  '83,  412  W.  7th  St. 
^  Bales,  U.  G. 
\Keefer,  M.  B.,  300  4th  St. 


COUNTY. 


NAMES   OF    ATTORNEYS.     POPULA'N. 


Spencer 

Clay 

W.  P.  Ward. 

1,600' 

Spirit  Lake 

Dickinson 

J.  W.  Cory. 

1,200 

Southerlaiid 

O'Brien 

{See  Sanborn.) 

— 

Storm  Lake 

Buena  Vista 

Robinson  &  Milchrist. 

1,700 

Stuart 

Guthrie 

C.  W.  Neal. 

2,147 

Swan  Lake 

Emmet 

(See  Spirit  Lake.) 

— 

Tama  City 

Tama 

J.  W.  Willett. 

1,600 

Tipton 

Cedar 

Piatt  &  Carr. 

1,600 

Toledo 

Tama 

Struble  &  Stiger. 

1,800 

Traer 

Tama 

O.  T.  Brainard. 

1,300 

Villisca 

Montgomery 

W.  H.  Redmond. 

2,000 

Vinton 

Benton 

JAMES  DOUGHTY,  '81.* 

2,906 

Walnut 

Pottawattamie 

{See  Avoea.) 

900 

Wapello 

Louisa 

L.  A.  Riley. 

1,000 

Washington 

Washington 

H.  S.  &  W.  S.  Scofield. 

3,004 

Waterloo 

Black  Hawk 

Alford  &  Gates. 

7,000 

Waukon 

Allamakee 

Dayton  &  Dayton. 

1,800 

Waverly 

Bremer 

Gibson  &  Dawson. 

2,500 

Webster  City 

Hamilton 

KAMRAR(J.  L.)  & 

BOEYE(A.  N.). 

1,848 

West  Liberty 

Muscatine 

E.  M.  Warren. 

1,500 

West  Union 

Fayette 

Zeigler  &  Weed. 

2,000 

Whatcheer 

Keokuk 

Sampson  &  Brown. 

3,500 

Wilton  Junction 

Muscatine 

J.  W.  Pentzer. 

1,700 

Winterset 

Madison 

.T.  Leonard  &  Son. 

3,000 

Wyoming 

Jones 

F.  0.  Ellison, 

1,200 

IOWA. 


289 


BANKS    IN    IOWA. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  ot  one 
bank  in  each  county  of  tins  slate  in  which  such  a  banking  institution  is  located. 


PLACE. 

Adel 

Afton 

Albia 

Algona 

Anamosa 

Atlantic 

Audubon 

Bedford 

Bloomfield 

Btirlington 

Carroll 

Centerville 

Chariton 

Charles  City 

Cherokee 

Clarinda 

Clinton 

Corning 

Corydon 

Council  Bluft's 

Cresco 

Davenport 

Decorah 

Denison 

Des  Moines 

Dubuque 

Eldorado 

Elkader 

Emmetsburg 

Fairtield 

Forest  City 

Fort  Dodge 

Fort  IVIadison 

Glenwood 

Grundy  Center 

Guthrie  Center 

Hampton 

Harlan 

Ida  Grove 

Independence 

Indianola 

Iowa  City 

Jefferson 

Keosauqua 


NAME   OP    BANK. 

Adel  Bank 

Afton  Bank 

First  National  Bank 

Niles  &  Watters 
Atlantic  National  Bank 
Audulon  County  Bank 
Bedford  Bank 
Davis  County  Bank 
National  State  Bank 
Carroll  County  Bank 
First  National  Bank 


Clarinda    '*  " 

City 

First  "  " 

Wayne  County  Bank 
First  National  Bank 
Bank  of  Cresco 
Davenport  National  Bank 
First  National  Bank 
(Crawford  County  Bank 
Des  Moines  National  Bank 
First  National  Bank 
Hardin  County  Bank 
First  National  Bank 


Winnebago  County  Bank 
First  National  Bank 
Bank  of  Fort  Madison 
Mills  County  National  Bk 
First  National  Bank 
The  Centre  Bank 
First  National  Bank 
Siielby  County  Bank 
Ida  County  Bank 
First  National  Bank 


City  Bank 
Manning's  Bank 


PAID  UP 

CASHIEK. 

CAPITAL. 

S.  M.  Leach. 

50,000 

(A.  Truman.) 

50,000 

Tom.  D.  Lochman. 

50,000 

J.  C.  Blackford 

50,000 

T.  W.  Shapley. 

15,000 

H.  H.  Boorman. 

50,000 

Chas.  Van  Gorder. 

50,000 

M.  M.  Van  Fleet. 

;50,ooo 

C.  E.  Lovett. 

;32.850 

J.  J.  Fleming 

150,000 

Henry  Ilaag. 

100,000 

William  Evans. 

50,000 

Frank  K.  Crocker. 

50,000 

H.  C.  Baldwin. 

.50,000 

R.  H.  Scribner. 

50,000 

W.  W.  Newlon. 

50,000 

A.  G.  Smith. 

100.000 

Charles  C.  Norton. 

50,000 

H.  Bracewell. 

52,223 

S.  Farnsworth. 

50,000 

H.  W.  Young. 

(50,000 

G.  E.  Maxwell. 

200,000 

George  Q.  Gardner. 

75,000 

W.  II.  Kirdler. 

50,000 

W.  E.  Hazen. 

400,000 

0.  E.  Guernsey. 

200,000 

Charles  McK.  Duren. 

50,000 

H.  Meyer. 

50,000 

A.  L.  Ornisby. 

50,000 

B.  S.  McElhinney. 

100,000 

Thompson  Bros. 

(50,000 

J.  B.  Scott. 

50,000 

.Tos.  A.  Smith. 

50,000 

Wm.  H.  Anderson. 

(55,000 

Chris.  C.  Shuler. 

50,000 

H.  K.  Dewey. 

30,000 

G.  G.  Clemmer. 

100,000 

31.  K.  Campbell. 

50,000 

.1.  J.  Amen. 

140,000 

Geo.  B.  Warne. 

100,000 

G.  A.  Worth. 

50,000 

Lovell  Swisher. 

100,000 

M.  B.  McDuff. 

150,000 

John  G.  Brown. 

35,000 

290 


IOWA. 


PAID  rp 

PLACE. 

NAME   OP   BANK. 

CASHIER. 

CAPITAL. 

Knoxville 

Knoville  National  Bank 

John  B.  Elliot. 

100,000 

Lemars 

First  National  Bank 

M.  H.  Finney. 

100,000 

Leon 

Farmers'  &  Traders'  Bank 

T.  S.  Arnold. 

75,000 

Logan 

Harrison  County  Bank 

(Harvy  &  Ford.) 

50,000 

Manchester 

Delaware  County  Bank 

W.  H.  Leeds. 

60,000 

Maquoketa 

Exchange  Bank 

Louis  H.  Dunham. 

100,000 

Marego 

First  National  Bank 

C.  E.  Bingham. 

50,000 

Marion 

((                          H                      ii 

S.  N.  Goorthue. 

50,000 

Marshalltown 

(i                 a              a 

A.  G.  Glick. 

100,000 

Mason  City 

u                  a               .i 

C.  A.  McNider. 

50,000 

Montezuma 

a                  a               a 

G.  W.  Kierulff. 

50,000 

Mount  Ayr 

INIount  Ayr  Bank 

Geo.  S.  Allyn. 

50,000 

Mount  Pleasant  First  National  Bank 

T.  J.  Van  Horn. 

100,000 

Muscatine 

"             "           " 

T.  N.  Brown. 

50,000 

Nevada 

((                  a               <( 

W.  F.  Swayze. 

50,000 

Newhampton 

i,                  a               u 

Sam.  S.  Kenyon. 

50,000 

Newton 

a                 ( (               (( 

C.  Slonaker. 

50,000 

Onawa 

Holbrook  &  Bro 

H.  E.  ]\Iorrison. 

100,000 

Orange  City 

Orange  City  Bank 

J.  M.  Oggel. 

50,000 

Osage 

Osage  National  Bank 

Arery  Brush. 

50,000 

Osecola 

Clarke  County  Bank 

S.  S.  Wick. 

50,000 

Oskaloosa 

Farmers'  &  Traders'  NatBk  John  H.  Warren. 

100,000 

Ottumwa 

Ottumwa  National  Bank 

M.  B.'  Hutchison. 

100,000 

Pocahontas 

Farmers'  Bank 

A.  0.  Garlock. 

50,500 

Red  Oak 

Red  Oak  National  Bank 

Paul  P.  Clark. 

100,000 

Rock  Rapids 

First  National  Bank 

C.  H.  Huntington. 

50,000 

Rockwell  City 

Rockwell  City  Bank 

Jno.  F.  Searight. 

50,000 

Sac  City 

Citizens'  Bank 

H.  H.  Allison. 

30,000 

Sibley 

First  National  Bank 

H.  L.  Emmert. 

50,000 

Sidney 

Metelman  &  Frazer 

W.  T.  Frazer. 

60,000 

Sigoumey 

First  National  Bank 

J.  T.  Webber. 

50,000 

Sioux  City 

Sioux  National  Bank 

A.  S.  Garretson. 

500,000 

Spencer 

Clay  County  Bank 

H.  N.  Smith. 

80,000 

Spirit  Lake 

Dickinson  County  Bank 

George  E.  Pearsoll. 

30,000 

Storm  Lake 

Farmers'  Loan  &  Trust  Co 

C.  A.  Bond. 

150,000 

Tipton 

First  National  Bank 

C.  W.  Hawley. 

50,000 

Toledo 

Toledo  City  Bank 

P.  G.  Wreting. 

40,000 

Vinton 

W.  F.  Williams 

lOO.OOo 

Washington 

First  National  Bank 

S.  A.  White. 

100,000 

AVaterloo 

u                  ii               a 

J.  W.  Krapfel. 

50,000 

Waverly 

ii                 a              it 

H.  S.  Burr. 

100,000 

"Webster  City 

((                  a               11 

B.  C.  Mason. 

50.000 

West  Union 

Bank  of  West  Union 

F.  Y.  Whitmore. 

90.200 

Winterset 

First  National  Bank 

S.  G.  Bevington. 

100,000 

STATE   OF 

KANSAS. 

SUMMARY   OF 

Collection    Law^s. 

Court  Cai^exdar,   Instructions  for  taking  Depositions,  Legal  Foujis,  Etc. 

Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "Whowers' 

Legal  Directory  and  Merchants'  Guide,"  for  1888.  by 

Welch  &  Welch,  of  the  Topeka  Bar. 

Acknowledgments.— Within  tlie  state  must  be  made  before  a  judge  or 
clerk  of  a  court  liaviu<;'  a  seal,  a  justice  of  the  peace,  notary  public,  county 
clerk,  register  of  deeds  or  mayor  or  clerk  of  au  incorporated  city. 

Every  notary  ijublic  shall  add  to  his  official  signature  the  date  of  the  ex- 
piration of  his  commission  as  notary  public.  In  cases  where  the  acknowledg- 
ment is  made  out  of  the  state,  it  must  be  before  a  court  of  record,  a  clerk  or 
other  officer  having  the  seal  thereof,  a  commissi(mer  of  deeds  for  Kansas, 
justice  of  the  peace,  or  notary  public,  or  before  any  consul  of  the  United 
States,  I'esident  in  any  foreign  country  or  port. 

When  the  acknowledgment  is  made  before  a  justice  of  the  peace,  some 
clerk  of  a  court  of  record  must  certify  as  to  his  official  position. 

Fori))  of  Acknoirled[/}/ient. 

State  of  Kansas,  ? 

County  of .  !» '  ' 

Beit  remembered,   tliat  on  this  day  of A.  D.  18 — ,  before  me,  a 

-,  in  and  for  said  county  and  state,  appeared i)ersonally  known 


to  me  to  be  the  same  person — ,  who  executed  the  foregoing  instrument,  and 
duly  acknowledged  the  execution  of  the  same. 

I/i  testimony  whereof,  I  liave  hereunto  subscribed  my  name  and  affixed  my 
official  seal,  on  the  day  and  yearlast  above  written. 

{ Official  Signature.) 

My  commission  as expires ,  18 — . 

Actions. — For  the  I'ecovery  of  real  estate,  or  for  the  determination  of  any 
right  or  interest  therein,  must  be  brouglit  in  the  county  where  the  real  estate 
is  situated.  Against  non-residents  of  tliis  state  or  a  foreign  corporation,  may 
be  brought  in  any  county  in  which  such  ])erson  or  corporation  has  property 
or  debts,  but  if  such  foreign  corporation  be  an  insurance  company,  the  action 
may  be  brought  in  the  county  where  tlie  cause  of  action  or  some  part  thereof 
arose.  Every  other  action  may  ])e  brought  in  the  county  in  which  the  de- 
fendant t)r  some  one  of  the  defendants  resides  or  may  be  summoned.  Actual 
service  must  be  made  by  the  othcer  to  whom  it  is  directed,  by  delivering  a 
copy  of  the  summons  to  tlie  defendant  jiersonally,  or  by  leavinga  copy  of  the 
same  at  his  usual  ]ihice  of  resiileuci*  at  any  time  before  the  return  day. 

Acknowledgment  on  the  back  of  the  summons,  or  a  voluntary  ajipearance 
of  a  defendant  is  equivalent  to  service. 

[Kan.  1.1 


292  KANSAS. 

ConstiTictive  service  can  be  made  on  non-residents  in  actions  for  the  recove 
ery  of  real  property,  or  any  estate  or  interest  therein — to  establish  or  set  asid- 
a  will,  to  obtain  a  divorce  against  a  non-resident  of  this  state  or  a  foreio-n 
corporation  having  property  or  debts  owing  them,  sought  to  be  taken  or 
appropriated  by  any  of  the  provisional  remedies,  against  any  resident  of  the 
state  or  county,  who  has  departed  therefrom,  with  the  intent  to  delay  or  de- 
fraud his  creditors,  or  to  avoid  service  of  summons,  by  tiling  an  affidavit  that 
service  of  svimmons  can  not  be  made  within  this  state,  and  that  the  action  isone 
in  which  service  by  publication  can  be  made.  A  notice  must  be  published 
three  consecutive  weeks  in  some  newspaper,  published,  and  of  general  cir- 
culation in  the  county  where  the  petition  is  filed. 

Administration. — Of  estates  of  deceased  persons.  Letters  testamentary 
or  letters  of  administration  will  be  granted  by  the  probate  court  of  the 
county  of  which  the  deceased  was  a  resident  at  the  time  of  his  death  ;  and 
when  any  person  shall  die  intestate  in  any  other  state  or  country,  leaving  any 
estate  to  be  administered  within  this  state,  administration  thereof  shall  be 
granted  by  the  probate  court  of  any  county  in  which  there  is  any  estate  to 
be  administered  ;  and  the  administration,  which  shall  first  be  lawfully  grant- 
ed, in  the  last  mentioned  case  shall  extend  to  all  the  estate  of  the  deceased 
within  the  state,  and  shall  exclude  the  jurisdiction  of  the  i^robate  court  of 
every  other  county. 

Every  executor  or  administrator  after  giving  bond  and  legally  qualifying, 
shall,  within  sixty  days,  make  an  inventory  of  all  moneys,  goods,  chattels, 
rights  and  credits  of  the  deceased. 

None  but  residents  can  be  appointed  executors  or  administrators. 

The  widow  is  allowed,  in  addition  to  her  share  of  her  deceased  husband's 
estate,  to  keep  absolutely  for  herself  and  children  all  personal  property  of 
the  deceased  which  was  exempt  from  execution  at  the  time  of  his  death. 

All  demands  against  an  estate  must  be  presented  within  three  years  or  be 
barred,  excejit  in  cases  of  legal  disability,  in  which  case  the  party  will  have 
three  years  after  the  disability  is  removed. 

An  executor  or  administrator  appointed  in  a  foreign  state  may  administer 
on  the  estate  of  the  deceased  in  this  state,  provided  no  executor  or  adminis- 
trator has  been  appointed  in  this  state,  by  filing  an  authenticated  copy  of  his 
appointment  in  the  probate  court  of  the  county,  where  such  estate  may  be  ; 
after  which,  under  order  of  the  court,  he  may  i^roceed  to  act  as  an  executor 
or  administrator  appointed  in  this  state. 

Persons  dying  in  this  state  without  heirs,  their  property  is  sold  at  the 
instance  of  the  county  superintendent  of  schools  for  the  benefit  of  the  public 
school  fund ;  but  should  heirs  appear  before  the  expiration  of  twenty-one 
years,  and  prove  heirship,  the  state  treasurer  will  pay  to  such  claimants  the 
proceeds  of  the  sale  of  such  estate. 

Affidavits. — An  affidavit  may  be  used  to  verify  a  pleading,  to  prove  the 
service  of  a  summons,  notice  or  other  process  in  an  action,  to  obtain  a  jiro- 
visional  remedy,  an  examination  of  a  witness,  a. stay  of  proceedings  or  upon 
a  motion,  or  in  any  other  case  permitted  by  law,  and  may  be  made  in  or  out 
of  this  state,  before  any  person  authorized  to  take  depositions,  and  must  be 
authenticated  in  the  same  way. 

Form  of  Affidavit  to  P/'ove  Account. 
State  of  Kansas,    } 

County.     S 

Before  me,  (the  probate  judge  or  notary  public  as  it  may  be),  in  and  for 
said  county,  personally  came  (affiant's  name),  and  being  by  me  first  duly 
sworn,  upon  his  oath,  says  that  the  account  hereto  annexed  is  just,  true  and 
correct,  and  that  to  the  best  of  his  knowledge  and  belief  he  has  given  credit 
on  said  account  for  all  payments  and  oft-sets  to  Avhich  it  is  entitled,  and  that 

the  balance  of dollars  claimed  is  justly  due. 

(Signatm'C.) 

Subscribed  and  sworn  to  before  me,  this day  of A.  D.  18 — . 

[seal.]  ( Official  Sign aturc. ) 

[Kan.  2.] 


KANSAS.  293 

Aliens. — No  distinctiou  .shall  ever  bo  made  between  citizens  and  aliens  in 
reference  to  the  purchase,  enjoyment  or  descent  of  property 

Appeals. — Appeals  may  bo  taken  from  the  judgment  of  a  justice  of  the 
peace  to  the  district  court,  oxcoi)t  on  judgment  I'onderod  on  confession  ;  and 
in  jury  trials,  when  neither  party  claims  in  his  bill  of  ])articulars,  a  sum  ex- 
ceeding twenty  dollars — by  merely  filing  a  bond,  not  less  than  fifty  dollars, 
nor  less  than  double  the  amount  of  judgment  and  costs  appealed  from.  Civil 
actions  may  be  appealed  from  the  District  Court  to  the  Supreme  Court,  by 
filing  in  the  Supreme  Court  a  jietition  in  error  by  the  party  appealing. 

Attached  to  and  filed  with  the  petition  in  error,  nuist  be  a  transcript  of  the 
record  of  the  trial  in  the  district  court,  called  a  case-made,  duly  signed  by  the 
district  judge,  and  attested  by  the  clerk  of  the  district  court  ;  or  on  a  bill  of 
exceptions  made  a  part  of  the  record,  and  duly  signed  by  the  judge. 

Arrest. — No  imprisonment  for  debt,  except  in  case  of  fraud.  A  defendant 
can  be  arrested  before  or  after  judgment,  for  the  following  causes,  and  no 
other  :  1st.  That  he  has  removed  or  begun  to  remove  some  part  of  his  prop- 
erty out  of  the  jurisdiction  of  the  court,  with  the  intent  to  defraud  his  credi- 
tors ;  3d.  That  he  has  begun  to  convert  his  property,  or  a  part  thereof  into 
money,  for  the  purjioseof  placing  it  beyond  the  reach  of  creditors.  ;  3d.  That 
lie  has  property  or  rights  which  he  fraudulently  conceals  ;  4th.  That  he  has 
assigned,  removed,  or  disposed  of  his  property,  or  begun  to  dispose  of  a  part 
of  the  same,  with  the  intention  to  defraud  his  creditors  ;  5th.  That  he  fraud- 
idently  contracted  the  debt,  or  incurred  the  liability,  for  which  suit  is,  or  is 
-about  to  be  brought. 

The  plaintiff  must  first  file  an  undertaking  to  pay  defendant  all  damages  he 
may  sustain  by  reason  of  the  arrest,  if  the  order  be  wrongfully  obtained. 

The  defendant  may  be  released  from  confinement  by  giving  a  sufficient  bond 
or  depositing  the  amount  mentioned  in  the  order. 

Assignments  and  Insolvency. — Assignments  must  be  for  all  creditors 
alike  ;  ileed  of  assignment  must  be  executed  and  recorded  like  conveyances 
»)f  real  property.  A  schedule  of  liabilities,  properly  verified  by  the  assignor, 
must  be  filed  with  the  clerk  of  the  district  court,  on  the  day  of  assignment, 
•<'ontaining  the  names  of  all  creditors,  amount  and  character  of  each  debt, 
and  the  post-office  address  of  each  creditor,  so  far  as  known.  The  clerk, 
within  two  days  after  the  filing  of  the  assignment,  shall  mail  to  each  creditor 
whose  claim  exceeds  ten  dollars,  the  facts  set  forth  in  the  schedule,  naming  a 
<lay  not  less  than  twenty  nor  more  than  thirty,  from  the  day  of  assignment, 
when  the  creditors  shall  meet  at  his  office  to  choose  an  assignee  of  the  trust 
meanwhile,  the  assignee  named  in  the  assignment  shall  exercise  no  power, 
other  than  the  safe  keeping  of  the  property  under  his  control.  A  sworn  in- 
ventory must  be  filed  within  thirty  days  from  the  date  of  assignment,  unless 
further  time  is  granted.  The  assignee  shall  exhibit  on  oath,  a  statement  of 
-accounts,  with  proper  voucher,  to  district  court,  at  its  first  regular  term  after 
the  end  of  one  year  from  execution  of  assignment,  and  yearly  thereafter  un- 
til assigned  estate  is  settled. 

Attachment. — The  creditor  in  a  civil  action  for  the  recovery  of  money, 
may,  at  or  after  the  commencement  thereof,  have  an  attachment  against  the 
property  of  the  debtor  ;  where  the  debtor  or  one  of  several  debtors  is  a  for- 
eign corporation  or  non-resident  of  the  state,  (but  no  attachment  shall  bo 
granted  on  the  ground  or  grounds  in  this  clause  stated,  for  any  claim  other 
than  a  debt  or  demand  arising  upon  contract,  judgment  or  decree,  unless  the 
■cause  of  action  arose  wholly  within  the  limits  of  this  state,  which  fact  must 
be  established  on  the  trial),  or  where  the  debtor  or  several  debtors  has  ab- 
sconded with  intent  to  defraud  his  creditors  ;  or  has  left  the  county  of  his  resi- 
<lence  to  avoid  the  service  of  a  summons  ;  or  so  conceals  himself  that  a  sum- 
jnons  can  not  be  served  upon  him ;  or  is  about  to  remove  his  property,  or  a 

[Kan.  3.] 


294  KANSAS. 

part  thereof,  out  of  the  jurisdiction  of  the  court  with  intent  to  defraud  his 
creditors  ;  or  is  about  to  convert  his  property,  or  a  part  thereof  into  money,, 
for  the  purpose  of  placing  it  beyond  the  reach  of  his  creditors  ;  or  has  prop- 
erty or  rights  in  action,  which  he  conceals ,  or  has  assigned,  removed,  or  dis- 
posed of,  or  is  about  to  dispose  of  his  property,  or  a  part  thereof,  with  the 
intent  to  defraud,  hinder  or  delay  his  creditors  ;  or  fraudulently  contracted 
the  debt,  or  fraudulently  incurred  the  liability  or  obligation,  for  which  suit 
is  about  to  be  or  has  been  brought ;  or  when  the  damage  for  which  the  ac- 
tion is  brought  are  for  the  injuries  arising  from  the  commission  of  some  fel- 
ony or  misdemeanor,  or  the  seduction  of  some  female  ;  or  when  the  debtor 
has  failed  to  pay  for  any  article  or  thing  delivered,  for  which,  by  contract,  he 
was  bound  to  pay  for  on  delivery.  No  undertaking  shall  be  required,  where 
the  party  or  parties  defendant  are  all  non-residents  of  the  state,  or  a  foreigrt 
corporation. 

Banks  and  Bankers. — The  property  employed  in  banking  shall  always 
bear  a  burden  of  taxation  equal  to  that  imposed  upon  the  property  of  indi- 
viduals. 

No  bank  shall  be  established  otherwise  than  under  a  general  banking  law. 

All  banks  organized  under  the  banking  laws  of  the  state,  shall  deposit 
with  the  auditor  of  state,  interest  paying  bonds  of  the  several  states,  or  of 
the  United  States,  at  the  cash  rate  of  the  New  York  stock  exchange,  in  an 
amount  equal  to  the  amoiint  of  the  circulating  notes,  which  such  bank  is  au- 
thorized to  issue  and  to  keep  a  cash  deposit  in  its  vaults  equal  to  ten  per  cent. 
of  its  circulating  notes,  and  when  such  collateral  security  shall  depreciate  in 
value,  the  auditor  of  state  shall  require  additional  security  or  curtail  the  cir- 
culation of  such  bank  to  such  extent  as  will  continue  the  security  unim- 
paired. 

All  circulating  notes  of  state  banks  shall  be  redeemable  in  United  States 
money,  and  holders  of  such  notes,  in  case  of  insolvency,  are  entitled  to  pref- 
erence over  all  other  creditors. 

All  banks  are  required  to  keep  of&ces  for  issuance  and  redemption  of  their 
circulating  notes,  at  some  convenient  place  within  the  state. 

No  notes  of  less  denomination  than  one  dollar  can  be  issued. 

No  amendment  of  the  banking  laws  of  the  state  can  be  made  until  such 
amendment  is  submitted  to  a  vote  of  the  electors  of  the  state  and  approved  by 
a  majority  vote  cast  at  a  general  election. 

The  president,  director,  manager,  cashier,  or  other  officer  of  a  banking  in- 
stitution, shall  not  receive  deposits  or  create  debts,  after  he  shall  have  knowl- 
edge of  its  insolvency  or  failing  circumstances. 

Any  violation  of  this  provision  makes  such  officer  individually  liable,  and 
and  he  shall  further  be  deemed  guilty  of  larceny,  and  upon  conviction  there- 
of shall  be  punished  in  the  manner  and  to  the  same  extent  as  is  provided  by 
law  for  stealing  the  same  amount  of  money,  if  loss  occur  by  reason  of  such 
debt  or  deposit. 

Savings  banks  may  be  established  with  a  capital  of  not  less  than  fifty 
thousand,  and  not  more  than  five  hundred  thousand  dollars,  which  shall  be 
divided  into  shares  of  one  hundred  dollars  each,  of  which  ten  per  cent,  upon 
each  share  shall  be  paid  in  cash  at  the  time  of  the  subscription,  and  the  re- 
mainder of  the  stock  shall  be  paid  at  such  time  as  the  directors  shall  from  time 
to  time  direct. 

Bills  of  Exchange  and  Promissory  Notes— All  bonds,  notes,  and  bills 
of  exchange,  except  bank  checks  and  sight  drafts,  made  negotiable,  .shall  be 
entitled  to  three  days'  grace  in  time  of  payment. 

AH  bonds,  notes,  and  bills  of  exchange,  foreign  and  inland,  drawn  for  any 
sum  or  sums  of  money,  certain,  and  made  payable  to  any  i)erson  or  order,  or 
to  any  person  or  bearer,  shall  be  negotiable  by  indorsement  thereon,  if  pay- 
able to  order,  and  by  delivery,  if  payable  to  bearer,  so  as  to  absolutely  trans- 
fer and  vest  the  property  thereof  in  each  and  every  endorser  and  holder,  suc- 

[Kan.  4.] 


KANSAS.  295 

cessivoly  ;  but  nothing  in  this  section  shall  he  constnicd  to  make  negotiable 
any  such  bond,  note,  or  bill  of  exchange,  drawn  payable  to  such  person  or 
persons,  alone,  and  not  drawn  payable  to  any  order,  bearer,  or  assigns. 

By  the  laws  of  1875,  it  was  provided  that  no  person  or  persons,  bank,  or 
body  corporate,  residing  or  doing  business  within  the  limits  of  this  state,  can 
be  held  liable  for  protest  damages  on  any  bond,  note  or  bill,  protested  here- 
tofore or  hereafter  for  non-acceptance  or  non-i)ayment. 

Whenever  the  third  day  of  grace  falls  upon  a  Sunday,  July  4th,  December 
25th,  January  1st,  May  30th,  or  upon  any  day  appointed  for  public  fast  or 
thanksgiving,  the  next  preceding  day  is  the  last  day  of  grace. 

Chattel  Mortgage. — Every  chattel  mortgage  or  conveyance  intended  to 
operate  as  such,  which  shall  not  be  accompanied  by  an  immediate  delivery, 
and  followed  by  an  actual  and  continued  change  of  possession  of  the  thing 
mortgaged,  shall  be  ubsolutely  void  as  against  the  creditors  of  the  mortgagor 
and  subsequent  purchasers  and  mortgagees  in  good  faith,  unless  the  mort- 
gage, or  a  true  copy  thereof,  shall  be  forthwith  filed  in  the  office  of  the  regis- 
ter of  deeds  in  the  county  where  the  property  is  at  the  time ;  or,  if  the  mort- 
gagor be  a  resident  of  the  state,  then  of  the  county  of  which  he  shall,  at  the 
time,  be  a  resident.  Every  such  mortgage  shall  be  void  as  against  the  credi- 
tors of  the  mortgagors  or  subsequent  purchasers  or  mortgagees  in  good  faith, 
after  the  expiration  of  one  year  after  same  was  filed,  unless  within  thirty 
days  next  preceding  the  expiration  of  said  year,  and  each  year  thereafter,  the 
mortgagee,  his  agent  or  attorney,  shall  make  an  affidavit  exhibiting  the  in- 
terest of  the  mortgagee  in  the  property  at  the  time,  and  the  amount  due  there- 
on.   Such  affidavit  shall  be  attached  to,  and  filed  with  the  original  mortgage. 

There  is  no  stipulated  time  in  which  they  are  to  be  foreclosed.  It  may  be 
done  at  any  time  after  breach  of  conditions  and  before  the  debt  is  barred  by 
statute  of  limitations. 

A  mortgagee  of  chattels,  after  condition  broken,  may  sell  the  same  on  ten 
days'  advertisement,  without  further  proceedings  ;  or  if  the  mortgage  so  pro- 
vides, he  may  sell  at  private  sale. 

Form  of  Chattel  Mortgage. 

Know  all  men  by  these  presents,  that of county,  Kansas,  of  the 

fint  part,  is  indebted  to ,  of  the  second  part,  in  the  sum  of dollars, 

to  be  paid  as  follows  :  (here  insert  a  copy  of  note  or  why  the  mortgage  is 
given,  showing  date  when  the  obligation  becomes  due.) 

Now,  therefore,  in  consideration  of  such  indelitedness,  and  to  secure  the 
payment  of  the  same,  as  aforesaid,  said  part —  of  the  first  part  do —  hereby 
sell,  assign,  transfer,  and  set  over  to  said  part — of  the  second  part,  the  prop- 
erty described  in  the  following  schedule,  viz. :  (descrijition  of  the  property). 
Provided,  however,  That  if  said  debt  and  interest  be  paid,  as  above 
specified,  this  sale  and  transfer  shall  be  void  ;  the  property  sold  to  remain  in 
possession  of  said  part —  of  the  first  part,  until  default  be  made  in  the  pay- 
ment of  the  debt  and  interest  aforesaid,  or  some  i)art  thereof ;  but  in  case  of 
a  sale  or  disposal,  or  attempt  to  sell  or  dispose  of  the  same,  or  a  removal  of 

or  attempt  to  remove  the  same  from ,  or  an  unreasonable  depreciation  in 

value  ;  or  if  from  any  other  cause,  the  security  .shall  become  inadequate,  the 
said  i>art —  of  the  second  part  may  take  such  property,  or  any  part  thereof, 
into own  possession. 

And  upon  taking  said  property  into own  possession,  either  incase  of 

default,  or  as  above  provided,  said  part —  of  the  second  part  shall  sell  the 
same  at  public  or  private  sale  ;  and  after  satisfying  the  aforesaid  debt  and 
interest  thereon,  and  all  necessary  and  reasonable  costs,  charges  and  expenses 

incurred,  out  of  the  proceeds  of  the  sale,  he—  shall  return  the  surplus 

to  said  i)art —  of  the  first  part,  or legal  representatives. 

And  if,  from  any  cause,  said  property  shall  fail  to  satisfy  said  debt  and  in- 
terest, said  part —  of  the  first  party  hereby  agree  to  pay  the  deficiency. 

[Kau.  5.] 


296  KANSAS. 

In  witness  whereof,  the  part —  of  the  first  part  ha —  hereunto  set  

hand — ,  this day  of ,  A.  D.  18 — • 

{Signature.) 
(No  acknowledgment  necessary. ) 
Claims  against  Decedents  Estate. — {See  Administration.) 

Conditional  Sales  of  Personal  Property.^No  special  statutes  on  the 
subject.  The  supremo  court  has  decided  such  sales  are  valid  but  notes  given 
in  such  cases  are  not  negotiable. 

Corporations. — The  legislature  shall  pass  no  act  conferring  special  pow- 
ers on  corjjorations.  Corj^orations  are  created  by  general  laws,  which  may 
be  amended  or  repealed  by  the  legislature.  Private  corporations  may  be  or- 
ganized for  almost  any  legitimate  business  by  articles  of  association  com- 
plying with  the  general  laws  of  corporations. 

A  charter  must  be  prepared  and  filed  in  the  office  of  the  secretary  of  state, 
signed  by  at  least  five  persons,  three  of  whom  must  be  citizens  of  Kansas, 
acknowledged  before  an  officer  authorized  to  take  acknowledgment  of  deeds  ; 
such  charter  must  set  forth  the  name  of  the  corporation,  the  purpose  for 
which  it  is  formed,  the  place  or  places  where  its  business  is  to  be  transacted, 
the  terai  for  which  it  is  to  exist,  the  number  of  its  directors  or  trustees, 
names  and  residences  of  those  who  are  appointed  for  the  first  year  and  the 
amount  of  its  capital  stock,  if  any,  and  the  number  of  shares  into  which  it 
is  divided. 

The  existence  of  the  corporation  dates  from  the  filing  of  its  charter  with 
the  secretary  of  state.  The  secular  affairs  of  a  religious  corporation  shall 
be  under  the  control  of  a  board  of  trustees  to  be  elected  by  the  members  of 
the  corporation  and  the  title  of  all  property  shall  vest  in  the  trustees. 

Corporations  for  profit  shall  file  in  the  office  of  the  secretary  of  state,  on 
the  first  day  of  January,  a  detailed  statement  of  the  condition  of  such  cor- 
poration, showing  capital  stock,  assets,  liabilities,  receipts  and  expenditures 
for  the  preceding  year,  under  a  penalty  for  failure,  of  two  hundred  dollars, 
and  an  additional  sum  of  two  hundred  dollars  for  every  month  that  such 
corporation  shall  thereafter  continue  to  transact  business. 

Railroad  corporations  are  required  to  keep  a  general  office  in  the  state,  and 
suit  may  be  brought  in  any  county  through  which  such  railway  runs,  and 
service  of  summons  or  other  process  may  be  directed  to  and  served  by  the 
.sheriff  of  the  county  in  which  the  principal  of  such  corporation  may  be,  or 
in  which  any  officer,  director  or  agent  of  the  corporation  may  ba  found. 
Every  railroad  or  stage  corporation  doing  business  in  the  state  of  Kansas  are 
required  to  designate  some  person  residing  in  each  county  through  which 
such  railroad  line  or  stage  route  may  or  does  run  or  in  which  it  transacts 
business,  upon  which  all  processes  or  notices  issued  by  any  court  of  record 
or  justice  of  the  peace  may  be  served.  Foreign  railroad  corporations  may 
exercise  all  the  privileges  of  domestic  railroad  corporations  by  filing  a  certi- 
fied copy  of  its  articles  of  corporation,  if  incoi'porated  under  general  laws,  or 
a  certified  copy  of  the  statute  laws  incorporating  such  company  where  char- 
ter was  granted  by  statute. 

Corporations  may  be  dissolved  by  the  expiration  of  the  time  limited  in  its 
charter,  by  a  judgment  of  dissolution  rendered  by  a  court  of  competent 
iurisdicticm  and  for  the  purposes  of  enabling  any  creditors  to  prosecute  suits 
against  the  stockholders  thereof  toenforcic  their  individual  liability,  if  it  be 
shown  that  such  corporation  has  suspended  business  for  more  than  one  year. 

If  any  corporation  created  under  tbe  laws  of  this  state,  except  railroad, 
charitable,  or  religious  corporations  be  dissolved  leaving  debts  unpaid,  suits 
may  be  brought  against  any  or  all  persons  who  were  stockholders  at  the  time 
of  the  dissolution,  without  joining  the  corporation  in  siich  suit. 

Stockholders  shall  be  liable  to  pay  the  debts  of  the  corporation,  to  the  ex- 
tent of  the  amount  due  on  his  stock,  and  an  additional  amount  equal  to  the 
stock  owned  by  him. 
[Kan.G.] 


KANSAS.  297 

Costs. — In  justice  court  a  non-rcsidcnt  of  the  county  shall  give  security 
for  costs,  and  iu  all  other  cases  the  justice  may,  either  before  or  after  issuing 
process,  require  the  ])laintiff  togivo  security  for  costs,which  may  be  done  by 
depositing  an  amount  sufficient  to  discharge  the  costs,  or  giving  a  bond  with 
approved  security  payable  to  the  adverse  party. 

In  the  district  court,  before  the  clerk  shall  issue  summons,  there  shall  be 
filed  in  his  office  by  or  on  behalf  of  the  plaintitf,  a  bond  to  be  approved 
by  the  clerk,  conditioni'd  that  the  plaintiff  or  plaintiffs  will  pay  all 
co.sts  that  may  accrue  in  said  action,  in  case  he  or  they  shall  be  adjudged  to 
pay  them,  or  in  case  the  same  cannot  be  collected  from  the  defendant  or  de- 
fendants, if  judgment  be  obtained  against  said  defendants. 

In  case  of  non-resident  plaintiff  or  plaintiffs  such  sum  or  sums  maybe  de- 
posited, in  lieu  of  bond,  as  in  the  opinion  of  the  clerk  will  be  sufficient  to 
cover  all  costs. 

Resident  plaintiff  or  plaintiffs  may,  in  lieu  of  bond,  deposit  the  sum  of  fif- 
teen dollars,  or  iu  case  the  plaintiff'  or  plaintiffs  have  a  jvist  cause  of  action 
and  are  unable  to  give  .security  for  costs,  by  filing  an  affidavit,  showing  these 
facts,  no  bond  shall  be  required. 

Courts. — Jurisdiction  and  Terms  :  The  courts  of  this  state  are  the  supreme 
court,  district  courts,  probate  courts,  and  courts  of  justices  of  the  jieace. 

S'qyreme  Court. — The  supreme  court  has  original  jurisdiction  in  proceedings 
Inquo  warranto,  viandamus  and  habeas  corpus,  and  all  other  writs  necessary 
to  theexercise  of  its  appellate  jurisdiction,  andexclusive  ai^pellate  jurisdiction 
to  review,  upon  appeal,  every  judgment  or  final  order  of  the  district  coiirts. 

District  Courts. — The  district  court  has  general  original  jurisdiction  of  all 
matters  both  civil  and  criminal,  and  jurisdiction  in  cases  of  appeal  and  error 
from  all  inferior  courts  and  tribunals. 

Probate  Courts. — The  probate  court  is  also  a  court  of  record,  and  within 
their  respective  counties  have  original  jurisdiction ;  1st.  To  take  the  proofs 
and  admit  to  probate  last  wills  and  testaments  ;  and  to  admit  to  record 
authenticated  copies  of  last  wills  and  testaments  duly  admitted  to  prolsate  in 
foreign  courts  ;  2nd.  To  grant  and  revoke  letters  testamentary  and  of  ad- 
ministration ;  3rd.  To  direct  and  control  the  official  acts  of  executors  and 
administrators,  settle  their  accounts  and  order  the  distribution  of  estates ; 
4th.  To  appoint  and  remove  guardians  for  minors,  jiersons  of  unsound  mind, 
and  of  habitual  drunkards,  and  make  all  necessary  orders  relating  to  their 
estates,  to  direct  and  control  their  official  acts  and  to  settle  their  accounts  ; 
■5th.  To  bind  apprentices  and  exercise  such  control  and  make  such  orders 
respecting  them  and  their  masters  as  the  law  prescribes  ;  6th.  To  hear  and 
<letennine  cases  of  habeas  corpus  ;  7th.  To  have  and  exercise  the  juris- 
diction and  the  authority  provided  by  law  respecting  executors  and  adminis- 
trators, and  the  settlement  of  the  estates  of  deceased  persons. 

Justices^  Court. — .Justices' court  have  jurisdiction  in  actions  for  the  recovery 
of  money  where  the  amount  claimed  docs  not  exceed  $oOO,  (and  to  recover 
the  possession  of  personal  ])roperty  where  the  value  thereof  does  not  exceed 
$100),  and  actions  for  forcible  entry  and  detainer,  or  of  detainer  only,  of  real 
2>roperty,  where  the  title  or  boundry  thereof  in  no  wise  comes  in  question. 

Court  Calendar. — 

UNITED  STATES  COURTS. 

The  State  comprises  one  district. 

Associate  Jusfirr  of  f he  Supreme  Court,  Hnmuel  F.  Miller,  of  Iowa  ;  Circuit  .Tudge, 
David  J.  Brewer,  of  Leavenworth;  JHslrivt  .Tudge,  Cassius  G.  Foster,  of  Topek'a  ; 
United  Stales  Attorney,  W.  C.  Perry,  of  l''ort  Scott ;  ITnited  States  Marshal,  W.  C.  Jones, 
of  lola;  Clerk  (Hrcuit  Court,  A.  S.  Thomas,  of  Topeka ;  Clerk  District  Court,  J.  C. 
Wilson,  of  Topelia. 

jTerwi-s— Of  tlic  Circnit  Court  are  held  at  Leavenworth  on  the  ]st  Monday  .Tune;  at 
Topeka  on  the  4tli  Monday  November,  jind  at  Fort  Scott  on  the  2d  Monday  .January 
of  each  year.  Tlic  Distrift  Court  is  lield  at  Leavenworth  on  the  '2d  Monday  October; 
at  Topeka  on  tlie  2d  Monday  April,  and  at  Fort  Scott  on  the  2d  Monday  .January  of 
each  year. 

[Kan.  7.] 


298 


KANSAS. 


STATE  COURTS 

STJPREMK  COURT. 

Chief  Justice,  Albert  H.  Horton,  of  Atchison;  Associate  Justices,  Daniel  M.Valentine, 
of  Topeka;  William  A.  Johnson,  of  Minneapolis*  Vommissioners,  B.F.Simpson,  of 
Topeka;  J.  B.  Clogston,  of  Eureka;  Joel  Holt,  of  Beloit. 

Jerins—Oi  the  8preme  Court  are  held  at  Topeka,  beginning  on  the  1st  Tuesdays  of 
January  and  July  in  each  year,  but  the  judges  meet  every  month  between  these 
dates  and  flle  opinions  and  transact  such  business  as  may  come  before  them, 

DISTRICT  COURTS. 

The  State  is  divided  into  twenty-nine  judicial  district.  The  several  counties  com- 
prising the  several  districts,  and  the  first  day  of  the  several  terms  in  each  county  are- 
as follows : 


County. 
Allen  .  .  .  . 
Anderson.  . 
Atchison  .  . 
Barber  .  .  . 

Barton  .  .  . 
Bourbon  .  . 
Brown  .  .  . 
Butler  .  .  . 
Chase  .  .  .  . 


Chautauqua  . 
Cherokee  . .  . 

Clay 

Clark 

Cloud 

Coflfey  .  .  .  . 
Comanche  .  . 
Cowley  .  .  .  . 
Crawford..  .  . 
Cheyenne  .  . 

Davis 

Decatur. .  .  . 
Dickinson  .  . 
Doniphan  .  . 
Douglas  .  .  . 
Edwards. . .  . 

Elk 

Ellis 

Ellsworth.  .  . 

Ford 

Franklin. .  .  . 

Finney 

Gove 

Graham.  .  .  . 
Greenwood..  . 
Hamilton   .   . 

Harper 

Harvey 

Hodgeman..  . 
.Tackson.  .  .  . 
Jefferson. .  .  . 
Jewell  .  .  .  . 
Johnson  .  .  . 
Kingman.  .  . 
Kiowa  .  .  .  . 

Labette 

Lane  .  . 
Leavenworth 
Lincoln. .  .   . 

Linn 

Lyon 

Logan   .  .  .  . 


County  Seat. 

lola 

Garnett. .  . 
Atchison. .  . 
Medicine 

Lodge . 
Great  Bend. 
Fort  Scott.  . 
Hiawatha.  . 
EI  Dorado  . 
Cottonwood 
Falls  . 
Sedan  .  .  . 
Columbus.  . 
Clay  Centre. 
Ashland  .  . 
Concordia  . 
Burlington.. 
Coldwater  . 
Winfleld.  . 
Girard.  .  .  . 
Bird  City..  . 
Junction  City 
Oberlin  . . 
Abilene .  . 
Troy  .  .  . 
Lawrence 
Kinsley.  . 
Howard  City 
Hays  City  . 
Ellsworth. . 
Dodge  City. . 
Ottawa. .  .  . 
Garden  City 
Gove  City.  . 
Millbrook.  . 
Eureka. . .  . 
Syracuse. .  . 
Anthony  .  . 
Newton  .  . 
Jetmore.  .  . 
Holton.  .  .  . 
Oskaloosa. . 
Mankato. ,  . 
Olathe  .  .  . 
Kingman.  . 
Greeusburg. 
Oswego  .  .  . 
Watson . 
.Leavenworth 
Lincoln. .  . 
Mound  City 
Emporia. .  . 
St.  John  .   . 


Marion  . .  .   , 
Marshall..  .  , 
McPherson.. 
Miami  ... 
Mitchell.  .  .   . 
Montgomery 
Morris  .  .   . 
Morton.. .  . 
Meade  .  .   . 
Nemeha  .  . 
[Kan.  8.] 


Marion. .  .  . 
Marysville. . 
McPherson . 

Paola 

Beloit .... 
.Indepcndenc 
Council  Grov 
Richfield  . 
Meade  Center. 
Seneca  .  . 


Dist.  Terms. 

7  ?idi  Mon.  March,  June,  1st  Mon.  November. 
4  1st  Mon.  March,  September. 

2  2d  Mon.  January,  April,  September. 

24  1st  Tues.  February,  June,  October. 

20  1st  Tues.  P'ebruary,  June,  October. 

0  1st  Mon.  May,  September,  od  Mon.  December. 

2J  1st  Mon.  February,  May,  November. 

20  1st  Tues.  March,  June,  October,  December. 

2.5  1st  Tues.  February,  June,  December. 

13  2d  Tues.  June,  November,  4th  Tues.  February. 

H  4th  Mon.  January,  April,  3d  Mon.  September. 

12  2d  Mon.  January,  1st  Mon.  May,  3d  Mon.  Sept. 

24  3d  Tues.  March,  November,  4th  Tues.  July. 

12  4th  Mon.  April,  October,  3d  Mon.  Februarj\ 

0  1st  Mon.  April,  November,  2d  Mon.  January,  July, 

24  1st  Tues.  March,  November,  2d  Tues,  July. 

13  1st  Tues.  April,  September,  3d  Tues.  December. 
11  1st  Tues.  January,  April,  4th  Tues.  August. 

17  2d  Mon.  May,  October. 

8  3d  Mon.  March,  September. 
17  3d  Mon.  April,  September. 

8  3d  Tues.  February,  4th  Tues.  May,  2d  Tues.  Oct. 

22  1st  Mon.  January,  .\pril,  October. 

4  1st  Mon.  February  May,  2d  Mon.  November. 

16  1st  Tues.  March,  4th  Tues.  October. 

13  1st  Tues.  February,  3d  Tues.  May,  October. 

23  1st  Mon.  January,  May,  September. 

14  4th  Tues.  February,  May,  Wed.  after  1st  Mon.  Nov. 
10  3d  Tues.  March,  2d  Tues.  November. 

4  1st  Mon.  January,  April,  October. 

27  1st  Tues.  January,  3d  Tues.  May,  4th  Tues.  August. 

23  1st  Mon.  April,  October. 

17  2d  Mon.  June,  3d  Mon.  November. 

26  1st  Tues.  January,  May,  September. 

27  4th  Tues.  Januai'y,  Jrfd  Tues.  June. 

19  1st  Tues.  January,  April,  June,  October. 

9  1st  Tues.  January,  May,  September. 
16  4th  Tues.  May,  1st  Tues.  October. 

1  3d  Mon.  March,  1st  Mon.  June,  2d  Mon.  November.. 
1  1st  Mon.  February,  May,  2d  Mon.  October. 

15  1st  INIon.  March,  June,  2d  Mon.  November. 

10  1st  Mon.  .lanuary.  May,  September. 

28  1st  Tues.  December,  May,  September. 

28  1st  Tues.  March,  2d  Tues.  June,  1st  Mon.  November.. 

11  3d  Mon.  Februar>',  4th  Mon.  May,  2d  Mon.  October. 

23  2d  Mon.  April,  October. 

1  3d  Mon.  April,  September,  IstMon.  December. 

14  1st  Mon.  February,  May,  3d  Mon.  October. 

6  1st  Tues.  April,  3d  Tues.  July,  2d  Tues.  November. 

.5  1st  Tues.  February,  May,  September,  December. 

2:?  At  such  time  after  the  same  is  organized   as  the- 
judge  of  the  court  may  order. 

25  Is'tTucs.  March,  May,  November. 

12  3d  Mon.  March,  4th  Mon.  August,  2d  Mon.  Dec. 
2.5  1st  Tues.  January,  April,  September. 

10  1st  Mon.  February,  June,  October. 

15  2d  Mon.  .January,  3d  Mon.  April,  4th  Mon.  Sept. 

11  'Jd  Tues.  March,  1st  Tues.  August,  2d  Tues.  Dec. 
8  2d  Mon.  April,  November. 

27  "d  Tues.  March,  November. 

24  2d  Tues.  April,  December,  3d  Tues.  August. 
22  1st  Mon.  March,  September,  December. 


KANSAS. 


29i> 


County.         County  Scat.   Di.it. 


Neosho. . 
Ness.  .  . 
Norton. . 
Osage. . . 
Osborne 
Ottawa. . 
Pawnee . 
Phillips 


.  Eric 

.  Mess  City..  .  . 

.  Norton 

.  Lj'ndon    .  .   . 

.  Osborne  .   .   . 

.  Minneapolis. . 

.  Larncd 

, .       .  Phillipsburg. . 

Pottawatomie  Westmore- 
land .   . 

Pratt luka 

Rawlins..  .  .Atwood..  .  . 

Reno Hutchinson  . 

Republic...  .Belleville..  . 

Rice Lj'ons   .... 

Riley Maiihatten..  . 

Rooks   ....  Stockton. . .  . 

.  Rush Lacrosse  .  .  . 

Russell  ....  Russell 

Sallna    ....  Salina 

Scott Scott  City.  .  . 

Sedgwick .  .   .  Wichita  .  .  . 

Seward Fargo  Springs 

Shawnee  .  .  .  Topeka 

Sheridan...   .  Hoxie 

Smith Smith  Centre. 

Stafford  .  .  .  St.  John  .  .  . 

Stevens Hueoton  .  .  . 

Snmner . .  .  .  Wellington. . 

Thomas   .  .   .  Colby 

Trego Wakeeny .  .  . 

Wabaunsee   .  Alma 

Washington  .  Washington.. 
Wallace  .  .  .  Wallace. .  .  . 


Wichita. .  . 
Wilson.. .  . 
Woodson.. . 
Wyandotte . 


.  Fredonia  . .  . 
.  Yates  Centre.. 
.  Kansas  City  . 


Term.'!. 

7  1st  Tucs.  April,  2d  Tuos.  July,  3d  Tucs.  November. 

2.{  4th  Mon.  January,  May,  September,  1st  Mon.  Dec. 

17  1st  Mon.  April,  September. 

21  1st  INIon.  April,  Ml  Mon.  June,  2d  Mon.  November. 

1')  1st  Mon.  P'ebruary.  2d  Mon.  May,  3d  Mon.  October. 

S  1st  Tues.  May,  4th  Tucs.  August,  2d  Tucs.  December, 

Ki  let  Tues.  May,  2d  Tues.  Jjecember. 

17  od  Mon.  ilarch,  4th  Mon.  July,  2d  >Ion.  December. 

21  1st  Mon.  February,  8d  Mon.  Mav,  4th  Mon.  Sept. 

20  ist  Tues.  April,  3d  Tues.  September,  1st  Tues.  Dec 

17  1st  Mon.  May,  October. 

'J  Ist  Tues,  March,  June,  November. 

12  4th  Mon.  Januarj',  May,  2d  Mon.  October. 

20  1st  Tues.  January,  ^lay,  September. 

21  1st  Mon.  May,  September,  2d  Mon.  .January. 

17  1st  Mon.  March,  2d  JMon.  July,  4tli  Mon.  November.. 
23  3d  Mon.  May,  November. 

14  2d  Tues.  January,  3d  Tues.  April,  1st  Tues.  October, 

14  3d  Tues.  ]Slarch,  1st  Tues.  September,  December. 
27  1st  Tues.  May,  4th  Tues.  November. 

18  1st  Tues.  January,  March,  May,  September,  Nov. 
27  3d  Tues.  February,  September. 

3  2d  Mon.  January,  1st  Mon.  April,  September. 

17  1st  Mon.  June,  2d  Mon.  November. 

15  4th  Mon.  March,  1st  Mon.  September,  December. 

20  1st  Tues.  March,  November,  od  Tues.  June. 
27  1st  Tues.  Apri  1,  October. 

19  1st  Tues.  P^ebruary,  May,  September,  November. 
17  4th  Mon.  May,  October. 

23  3d  Mon.  Januarj*.  2d  Mon.  May,  3d  Mon.  Sept. 

21  1st  Mon.  March,  June,  3d  Mon.  October. 
12  1st  Mon.  April,  June,  4th  Mon.  November. 

23  4th  Mon.  April,  October,  after  the  same  is  declared 

organized. 

27  1st  Tues.  June,  2d  Tues.  December. 

7  let  Tues.  May,  February,  2d  Tues.  September. 

7  1st  Mon.  March,  June,  2d  Mon.  October. 

29  1st  Mon.  March,  June,  December,  3d  Mon.  Sept. 


Curtesy. — The  estate  of  dower  and  curtesy  are  abolished  in  Kansas. 

Deeds. — No  statutory  forms  of  conveyances  or  mortgages  are  prescribed. 
The  wife  should  join  with  her  husband  in  the  conveyance,  if  she  has  not 
waived  her  right  by  an  ante-nuptial  agreement.  Power  of  attorney  to  convey 
lands  (as  well  as  deeds)  must  be  acknowledged  and  recorded.  If  within  the 
state,  the  acknowledgment  must  be  before  the  same  officers  designated  in 
acknowledgments. 

Unacknowledged  deeds  may  be  proven  before  any  officer  authorized  to  take 
acknowledgments.  The  wife  need  not  be  ' '  examined  apart  from  her  husband  '  * 
or  "relinquish  her  dower." 

Neither  seals,  scrolls  nor  wafers  are  required  in  the  execution  of  a  deed  by 
a  private  person. 

Corporations  must  execute  conveyances  signed  by  the  president  or  presi- 
ding officer,  and  sealed  with  the  common  seal  of  such  corporation.  The 
husband  must  join  in  conveyance  of  wife's  property. 


Form  of  Warranty  Deed. 


18 — ,  between of 

of county,  in 


TTiis  Indenture,  Made  this  day  of ,  A.  D 

county,  in  the  state  of ,  of  the  first  part,  and 

the  state  of ,  of  the  second  part : 

Witnesseth,  That  said  i)art —  of  the  first  part,  in  consideration  of  the  sum 

of dollars,  the  receipt  of  which  is  hereby  acknowledged,  do —  by  these 

presents,  grant,   bargain,  sell,  and  convey  unto  said  part —  of  the  second 

part,  heirs  and  assigns,  all  the  following  described  real  estate,  situated 

in  the  county  of and  state  of ,  to-wit  : 

(Description  of  land  or  lots.) 

To  have  and  to  hold  the  same,  Together  with  all   and  singular  the  tene- 

[Kan.  9] 


300  KANSAS. 


jneuts,  hereditaments,  and  appurtenances  thereunto  belonging,  or  in  any  wise 
appertaining,  forever  : 

And  said for  (himself,  themselves,  or  herself,  as  the  case  may  be)  and 

heirs,  executors  or  administrators,  do —  hereby  covenant,  promise  and 

agree,  to  and  with  said  part —  of  the  second  part,  that  at  the  delivery  of 
these  presents lawfully  seized  in own  right,  of  an  absolute  and  in- 
defeasible estate  of  inheritance,  in  fee  simple,  of  and  in  all  and  singular,  the 
above  granted  and  described  premises,  with  the  a^jpurtenances  ;  that  the 
«ame  are  free,  clear,  discharged  and  unincumbered  of  and  from  all  former 
and  other  grants,  titles,  charges,  estates,  judgments,  taxes,  assessments. and 
encumbrances  of  what  nature  or  kind  soever : 

(Here  insert  any  exceptions  such  as  liens  assumed  by  grantee) and 

that will  warrant  and  forever  defend  the  same  unto  said  part —  of  the 

second  part, heirs  and  assigns,  against  said  part —  of  the  first  part, 

heirs,  and  all  and  every  j^erson  or  persons  whomsoever,  lawfully  claiming  or 
to  claim  the  same. 

In  witness  whereof.  The  said  part —  of  the  first  part  ha —  hereunto  set 

hand-  the  day  and  year  first  above  written. 


ACKNOWLEDGMENT. 

State  of  Kansas,  I 
County  of .   S     ' 

Be  it  remembered.  That  on  this day  of ,  A.  D.  18 — ,  before  me  a 

in  and  for  said  county  and  state,  appeared  ,  (to  me)  personally 

known  to  be  the  same  person —  who  executed  the  foregoing  instrument,  and 
duly  acknowledged  the  execution  of  the  same. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  name  and  affixed  my 
ofiicial  seal  on  the  day  and  year  above  written.  . 

Form  of  Quit  Claim  Deed. 

This  Indenture,  Made  this  day  of 18 — ,  between  of  

county,  in  the  state  of ,  of  the  first  part,  and of county,  in  the 

state  of of  the  second  part : 

Witnesseth,  That  said  part —  of  the  first  part,  in  consideration  of  the  sum 

■of dollars,  the  receipt  of  which  is  hereby  acknowledged,  do —  by  these 

presents,  remise,  release,  and  quit  claim  unto  said  part—  of  the  second  part, 

heirs  and  assigns,  all  the  following  described  real  estate,  situated  in  the 

county  of ,  and  the  state  of ,  to-wit  : 

(Here  follows  the  description  of  the  land  to  be  conveyed. ) 

To  have  and  to  hold  the  same,  together  with  all  and  singular  the  tene- 
ments, hereditaments,  and  appurtenances  thereunto  belonging  or  in  any  wise 
appertaining,  forever  : 

In  witness  whereof,  The  said  part.—  of  the  first  part  ha —  hereunto  set 

hand —  the  day  and  year  first  above  written. 


acknowledgment. 

\State  op  Kansas,  ?  ^^ 
County  of *i   ' ' 

Be  it  remembered,  That  on  this day  of ,  A.  D.  18 — ,  before  me.  a 

in  and  for  said  county  and  state,  appeared  (to  me)    personally 

known  to  be  the  same  person —  who  executed  the  foregoing  instrument  and 
-duly  acknowledged  the  execution  of  the  same. 

In  testimony  whereof,  I  liave  hereunto  subscribed  my  name  and  affixed  my 

official  seal  on  the  day  and  year  above  written.  . 

[Kan.  10.] 


KANSAS.  301 

Descent  and  Distribution. — After  allowing  the  widow  and  children  of  any- 
deceased  intestate  a  homestead  of  one  hundred  and  sixty  acres  of  farminj^ 
land  or  one  acre  within  the  limits  of  an  incorporated  city  or  town,  occupied 
by  the  intestate  and  his  family  as  a  residence  at  the  time  of  his  or  her  death 
one-half  absolute  to  her  and  the  other  half  absolute  to  the  children. 

If  there  are  no  children  the  widow  is  entitled  to  the  homestead  ;  if  children 
are  left  and  no  widow,  the  children  take  it.  If  the  deceased  left  a  widow  and 
children,  the  homestead  cannot  be  divided  until  the  youngest  child  arrives  at 
the  age  of  majority,  unless  the  widow  again  marry.  One-half  in  value  of 
all  property  in  which  the  husband  at  the  time  of  his  death  had  a  legal  or 
equitable  interest,  or  all  real  estate  in  which  the  husband  at  any  time  during 
his  marriage  had  a  legal  or  equitable  interest,  which  has  not  been  sold  on 
execution  or  other  judicial  sale,  and  not  necessary  for  the  payment  of  debts, 
and  of  which  the  wife  has  made  no  conveyance,  shall  be  set  apart  by  the  ad- 
ministrator or  executor  as  her  property  in  fee  simple.  The  wife  has  no  inter- 
est in  lands  conveyed  by  the  husband  when  at  the  time  of  the  conveyance  she 
is  not  or  never  has  been  a  resident  of  the  state.  The  widow  is  an  heir  of  one- 
half  of  the  decedent's  estate,  and  the  remaining  half  is  distributed  equally 
among  the  children.  The  widow's  portion  can  not  be  affected  by  any  will  of 
the  husband  if  she  objects  thereto,  and  relinquishes  all  rights  conferred  ui^on 
her  by  the  will. 

The  husband  is  entitled  to  the  same  interest  in  the  property  of  his  deceased 
wife  as  the  wife  is  in  that  of  her  deceased  husband. 

If  the  intestate  leaves  neither  wife  or  children  the  whole  estate  goes 
to  the  parents  or  surviving  jjarent.  If  both  parents  are  dead  the  estate 
is  disposed  of  as  if  they  or  either  of  them  had  outlived  the  deceased 
and  died  in  ownership  and  possession  of  the  portion  thus  falling  to  their 
share  or  either  of  them,  and  so  on  through  ascending  ancestors  and  their 
issue. 

If  any  child  be  dead  the  heirs  of  such  child  inherit  as  if  such  child  out- 
lived its  parents. 

Any  married  person  having  no  children  may  devise  one-half  of  his  or  her 
property  to  any  other  person. 

Illegitimate  children  inherit  from  the  mother  and  from  the  father  whenever 
they  have  been  generally  and  notoriously  recognized  by  him  as  his  children. 
When  an  illegitimate  child  will  inherit  from  either  parent  such  parent  will 
inherit  from  the  illegitimate  child. 

Deposition. — Depositions  are  taken  upon  notice  to  the   opposite  party. 
The  notice  must  be  served  so  as   to  allow   the   adverse   party  sufficient 
time,  by  the  usual  route  of  travel,  to  attend,  and  one  day  for  preparation, 
exclusive  of  Sunday  and  the  day  of  service.     Courts  are  also  authorized  to- 
appoint  commissioners  to  take  depositions. 

Instructions  for  taking  Depositions. 

CAPTION. 

Depositions  of  sundry  witnesses  taken  before  me,  (here  insert  the  name  of" 

the  officer  and  his  official  character,  etc.)  within  and  for  the  county  of in 

the  (state  or  .territory)  of on  the day  of in  the  year be- 
tween the  hours  of a.    m.  and p.  m,  at  (here  insert  the  place  same 

as  in  notice)  in  said  county,  pursuant  to  the  annexed  notice  (or  agreement  as 

the  case  may  be)  in  an  action  pending  in  the  ( court)  within  and  for  the 

county  of and  state  of  Kansas,  wherein is  plaintili"  and is  de- 
fendant. 

The  said in  person,  and  by  his  'attorney •  appeared,  and  the  said 

■ (stating  whether  the  adverse  party  appeared)  ;  thereupon  the  said 

produced  the  following  witnesses  in  the  following  order  ;  A.  B.  (name  of" 
witness)  of  lawful  age  being  by  me  first  duly  examined,  cautioned  and  solemn- 
ly sworn  (or  affirmed)  to  testify  to  the  truth,  the  whole  truth,  and  nothing 

[Kan.  11.1 


302  KANSAS. 

"but  the  truth,   deposes  and  says  (here  write  the  deposition  and  proceed  in 
same  manner  with  each  witness). 

Depositions  may  be  taken  in  narrative  form  or  the  questions  and  answers 
may  be  written  down  and  each  noted  in  the  left  hand  margin. 

Depositions  must  be  written  in  the  presence  of  the  officer  taking  the  same, 
either  by  the  officer,  the  witness  or  some  disinterested  person,  and  subscribed 
by  the  witness. 

If  any*  adjournments  are  had  they  shoukl  be  noted  and  the  reasons  therefor 
given. 

Objections  to  any  part  of  the  deposition  shovikl  be  written  down  by  the 
officer,  showing  tlie  party  making  the  objection  and  the  reasons,  if  any  are 
given.     Each  witness  must  sign  his  own  deposition. 

The  notice  must  be  attached  to  the  deposition. 

Depositions  shoukl  be  commenced  on  the  day  named  in  the  notice  and  some 
portion  of  the  same  taken  on  each  subsequent  day,  Sundays  excepted.  A 
legal  reason  for  every  adjournment  should  appear  in  the  officer's  certificate. 

The  above  instructions  should  be  followed  except  where  modified  by  agree- 
ment or  stipulation,  in  which  case  the  agreement  or  stipulation  should  follow 
or  be  attached  with  the  notice  and  be  referred  to  by  the  officer  in  his  certifi- 
cate. 

The  fees  for  taking  depositions  should  be  taxed  at  the  bottom  of  the  certi- 
ficate and  a  memorandum  made  by  whom  paid,  if  paid. 

Fees  are  allowed  as  follows  ;  swearing  each  witness  ten  cents  ;  for  each 
hundred  words  in  deposition  and  certificate,  fifteen  cents. 

The  officer  may  retain  the  deposition  until  costs  are  paid,  including  that  of 
witnesses  and  the  officer  serving  processes. 

Depositions  taken  out  of  the  state  may  be  taken  by  a  judge,  justice  or 
chancellor  of  a  court  of  record,  a  justice  of  the  peace,  notary  public,  mayor 
or  chief  magistrate  of  any  city  or  incorpoi'ated  town,  or  before  a  commission- 
er appointed  by  the  governor  of  this  state  or  special  commissioner  appointed 
by  the  court ;  and  must  not  be  a  relative  or  attorney  of  either  party,  or  other- 
wise interested  in  the  event  of  the  action  or  proceeding. 

At  the  close  of  the  deposition,  the  officer  taking  the  deposition  shall  append 
the  following  certificate. 

State  of .     I 

County,    S     ' 

I,  ,  a ,  within  and  for  the  county  of in  the  state  of -,  do 

hereby  certify  that  (naming  the  witnesses  who  have  testified)  were  by  me 
duly  sworn  (or  affirmed)  to  testify  to  the  truth,  the  whole  truth  and  nothing 
but  the  truth,  and  the  depositions  by  them  respectively  subscribed  as  above 

set  forth,  were  reduced  to  writing  "by  myself  (or  in  my  presence  by a 

person  not  interested  in  the  suit)  and  in  the  presence  of  the  witnesses,  and 
were  respectively  subscribed  by  said  witnesses  in  my  presence,  and  taken  at 
the  time  and  place  specified  in  the  annexed  notice  (agreement  or  stipulation) 

(and  from  day  to  day  until  the day  of 18—),  and  that  I  am  not  a 

relative,  counsel  or  attorney  of  either  party  or  othei'wise  interested  in  the 
event  of  this  action  or  proceeding. 

Witness  my  hand  (and  official  seal)  at in  said  county  this day  of 

18—. 

[seat,.]  (Official  Signature.) 

The  deposition  so  taken  must  be  sealed  vip,  and  endorsed  as  follows  : 

Address — To  (clerk  of  the  district  court,  or  justice  of  the  peace  as  the  case 

may  be),  at ,  county,  state  of  Kansas,  —  and  across  the  end 

write  tlie  following. 
,  plaintiff,    , 


vs. 
—  defendant. 


In  the court,  county  of Kansas, 


[Kan.  12,] 


KANSAS.  303 

Depositions  on  belialf  (the  party  taking  the  same),  taken  before,  sealed  up 
and  addressed  by  nie,  a within  and  for county,  Kansas. 

(Official  Signature.) 

Every  deposition  intended  to  Ijc  ust^d  as  evidence  must  be  filed  ut  least  one 
day  before  the  trial. 

Form  of  Notice  to  take  Depositions.  * 

lu  the  District  Court  of county,  Kansas. 

.  plaintiff,        ^ 


ZSIotice  to  take  depositions, 
defendant.    ^ 

To  . 


You  are  hereby  notified  that  the  deposition  of and  other  witnesses 

to  be  used  as  evidence  on  the  trial  of  the  above-entitled  action,  in  behalf  of 

the will  be  taken  at  the  ofiice  of ,  in  the of ,  in  the 

county  of ,  in  the  state  of ,  on  the day  of ,    18 — , 

between  the  hours  of  eight  o'clock,  A.  M.,  and  six  o'clock,  P.  M.,  and  that 
the  taking  of  the  same  will  be  adjourned  from  day  to  day,  between  the  same 
hours,  until  said  depositions  are  comijleted. 

Waiver  of  all  objections  to   ■! 

the  official  character  of  the  offi-    1  , 

cer  hereby  entered,  and  .service 
of  the  above  notice  hereby  ack- 
nowledged, this  day  of 

.18—. 

Attorney  for .  Attorney  for . 

Divorce. — Divorces  are  granted  for  the  following  causes,  and  by  the  dis" 
trict  courts  only  : 

Husband  or  wife  living  at  time  of  marriage,  abandonment  for  one  year, 
adultery,  impotency,  pregnancy  of  wife  at  the  time  of  marriage  by  other 
than  her  husband,  extreme  craelty,  fraudulent  contract,  habitual  drunken- 
ness, gross  neglect  of  duty  and  conviction  of  a  felony,  and  imprisonment 
therefor,  subsequent  to  marriage. 

Plaintiff"  must  have  resided  in  the  state  one  year,  and  suit  must  be  brought 
in  the  county  of  residence,  by  petition  verified  by  the  plaintiff. 

Sen'ice  may  be  made  by  summons  when  the  defendant  lives  in  the  state, 
and  by  publication  when  the  defendant  is  a  non-resident.  Each  party  may 
testify  and  depositions  may  be  used.  Alimony,  pendente  lite  may  be  allowed 
the  wife  by  court,  or  judge  in  vacation.  By  request,  the  wife  may  assume 
her  maiden  name,  if  the  divorce  be  granted  for  the  fault  or  aggression  of  the 
husband. 

The  custody  of  the  children  and  the  division  of  the  property  is  left  to  the 
discretion  of  the  court. 

Absolute  divorces  only  are  granted,  but  suits  for  alimony  alone  may  be 
brought,  and  the  court  in  its  discretion  may  refuse  to  grant  a  divorce  when 
asked  for,  anrl  may  make  such  order  as  may  be  proper  for  the  custody,  main- 
tenance and  education  of  the  cliildren,  or  the  control  and  disposition  of  the 
property. 

A  divorce  granted  at  the  instance  of  one  party  .shall  operate  as  a  dissolu- 
tion of  the  marriage  contract. 

Proceedings  to  rever.se  a  decree  of  divorce  must  be  commenced  within  six 
months  after  rendition  of  the  same,  during  which  time  it  is  bigamy  for  either 
party  to  marry. 

[Kan.  13. 1 


304  KANSAS. 

Dower. — (.See  Curtesy.) 

Evidence. — Record  Evidence. — Either  party  may  exhibit  to  the  other,  or 
his  attorney,  any  time  before  the  trial,  any  paper  or  document  material  to  tlie 
trial  or  action,  and  request  an  admission  of  its  genuineness  in  writing.  If 
the  party  refuse  or  fail  within  four  days  to  give  such  admission,  and  the  party 
oftering  the  same  is  put  to  any  expense  to  prove  the  genuineness,  and  the 
same  is  fipally  proved  or  admitted,  tiie  costs  of  proof  shall  be  paid  by  the 
party  refusing  to  make  the  admission,  unless  good  reasons  appear  for  such 
refusal. 

Certified  copies  of  patents,  plats,  chattel  mortgages,  records  of  any  corpora- 
tion, duly  authenticated  by  the  signature  of  the  president  and  secretary,  un- 
der corporate  seal ;  copies  of  plats  and  field  notes,  duly  certified  by  the 
county  surveyor  ;  copies  of  will  with  order  of  court  annexed,  certified  by  the 
probate  judge  under  seal  of  the  court ;  and  record  of  marriage  licenses 
shall  be  admitted  in  evidence  when  they  become  material. 

Copies  of  all  papers  authorized  or  required  by  law  to  be  filed  or  recorded 
in  any  public  office,  or  of  any  record  required  to  be  made  and  kept  in  any 
such  office,  duly  certified  by  the  officer  having  legal  custody  of  such  jiaper  or 
record  under  his  official  seal,  if  he  have  one,  may  be  received  in  evidence  the 
same  as  the  original,  when  the  original  is  not  in  the  possession  or  under  the 
control  of  the  party  desiring  to  use  the  same. 

Depositions  of  any  witnesses  may  be  used  when  the  witness  does  not  live 
in  the  county  where  the  action  is  pending  or  tried  ;  where  the  witness  from 
age,  infirmity  or  imprisonment  is  unable  to  attend,  or  where  the  oral  testi- 
mony of  the  witness  is  not  required. 

Oral  Evidence. — No  person  is  disqualified  as  a  witness  by  reason  of  his 
being  a  party  to,  or  interested  in  the  event  of  an  action,  or  on  account  of  any 
religious  belief  or  conviction  of  a  crime. 

Executions. — May  be  ordered  as  soon  as  judgment  is  obtained.  It  is  the 
duty  of  the  justice,  without  any  order,  to  issue  execution  within  ten  days 
from  the  rendition  of  judgment. 

Executions  are  made  returnable  within  thirty  days.  Personal  property 
only  can  be  levied  on  by  execution  from  justice  court,  and  the  property  levied 
upon,  must  be  advertised  for  ten  days  and  sold  at  auction  to  the  highest 
bidder. 

Real  estate  sold  under  execution  or  order  of  sale  in  the  district  court  must 
be  appraised,  except  where  appraisement  is  waived  by  the  terms  of  the  in- 
strument upon  which  judgment  is  rendered,  and  must  bring  two-thirds  of  the 
appraisement  value.     Personal  property  is  not  appraised. 

Stays  of  execution  are  granted  as  follows  :  on  any  judgment  for  $20,  and 
under,  thirty  days  ;  over  $30,  and  under  $50,  sixty  days  ;  over  $50  and  not 
to  exceed  $100,  ninety  days ;  over  $100,  one  hundred  and  twenty  days.  There 
is  no  redemption  of  land  sold  under  execution  or  other  legal  process. 

There  is  no  stay  of  execution  in  the  district  court,  except  where  a  case  is 
taken  to  the  supreme  court  on  appeal,  and  the  party  appealing  has  given 
bond. 

In  justice  court  execution  is  stayed  by  appealing  and  filing  a  bond  within 
ten  days  after  the  judgment  is  recorded. 

Executors. — ( See  Administration. ) 

Exemptions. — Homestead  to  the  extent  of  IGO  acres  of  farming  land,  or 
one  acre  within  an  incorporated  town  or  city,  with  buildings  thereon,  un- 
limited in  value. 

Every  head  of  the  family,  residing  in  the  state,  shall  have  exempt,  family 
bible,  school  books  and  family  library,  family  pictvircs  and  musical  instru- 
ments used  by  the  family,  all  wearing  apparel  of  the  family,  all  beds,  bed- 
steads and  bedding  used  by  the  family,  one  cooking  stove  and  appendages, 
IKan.  14.] 


KANSAS.  305 

and  all  other  cookinj^  utensils  and  all  other  stoves  and  appendages  necessary 
for  the  use  of  the  debtor  and  family,  one  sewing  machine,  spinning  wheel, 
andallotlier  implements  of  industry,  and  all  other  household  furaiture  not 
herein  enumerated,  not  to  exceed  6'^00,  two  cows,  ten  hogs,  one  yoke  of  oxen 
and  one  liorse  or  mule,  <ir  iu  lieu  of  yoke  of  oxen  and  one  horse  or  mule,  a 
span  of  horses  or  mules,  and  twenty  sheep  and  their  wool,  necessary  food  for 
the  sui)port  of  such  stoc^k  for  one  year,  one  wagon,  two  plows,  drag  and 
other  farming  utensils,  not  exceeding  the  value  of  $:100,  grain,  meat,  vege- 
tables, groceries,  etc.,  for  the  family  for  one  year  ;  the  tools  and  implements 
of  any  mechanic,  minor  or  other  person,  kept  for  the  carrying  on  of  his 
business,  and  in  addition  thereto,  stock  in  trade  not  to  exceed  $400,  in  value, 
library,  implements  and  office  furniture  of  any  professional  man. 

A  lien  on  the  homestead  may  be  created  by  husband  and  wife  joining  in  a 
mortgage,  and  the  same  is  liable  to  mechanics'  liens  for  building  repairs,  or 
materials  furnished. 

A  person  not  the  head  of  a  family  may  have  tools,  implements  and  .stock 
in  trade  not  to  exceed  $400,  exempt  from  execution. 

There  is  no  exemption  from  the  wages  due  to  clerks,  mechanics,  laborers 
or  servants. 

The  wages  of  a  debtor  for  his  personal  services  any  time  within  three 
months  next  preceding  the  issuing  of  an  execution  cannot  be  applied  to  the 
payment  of  his  debts  when  it  is  made  to  appear  by  Jiis  affidavit  that  such 
earnings  are  necessary  for  the  support  of  his  family. 

False  Pretenses. — Any  one  who  by  false  pretense  shall  obtain  the 
signature  of  any  person  to  any  written  instrument,  or  obtain  from  any  person 
any  money,  personal  property,  right  of  action  or  any  other  things 
of  value  whatsoever,  upon  conviction  thereof  shall  be  punished  in  the  same 
manner  and  to  the  same  extent  as  for  feloniously  stealing  said  money  or 
property.  Falsely  representing  or  impersonating  another,  so  as  to  receive 
thereby  money,  goods  or  things  in  action  is  a  felony,  and  is  punished  as  above. 
Every  conveyance  or  assignment  of  property  for  the  purpose  of  hindering  or 
defrauding  or  delaying  creditors,  is  a  misdemeanor;  also  the  making,  execu- 
ting or  delivering  a  deed  or  conveyance  of  any  interest  in  lands  or  personal 
property  which  had  been  previously  deeded,  sold,  conveyed  or  assured. 

Frauds,  Statutes  of. — All  gifts  and  conveyances  of  goods  and  chattels 
made  in  trust  to  the  use  of  the  party  making  the  same,  is  void. 

All  gifts,  grants  or  conveyances  of  land  or  personal  property,  made  or 
obtained  with  the  intent  to  hinder,  delay  or  defraud  creditors,  or  to  deceive 
persons  who  shall  purchase  the  same,  shall  be  deemed  utterly  void.  All  sales 
or  conveyances  of  personal  property  unaccompanied  by  an  actual  and  contin- 
ued change  of  possession,  shall  be  deemed  void  as  against  sub.sequent 
purchasers  without  notice  and  existing  and  subsequent  creditors,  until  it  is 
shown  tliat  such  sale  was  made  in  good  faith,  and  upon  sufficient  consideration. 
This  section  shall  not  interfere  with  the  provisions  of  law  relating  to  cliattel 
mortgages.  Leases  and  other  estates  are  invalid  when  they  exceed  one  year 
in  duration  ;  unless  the  same  be  put  in  writing,  signed  by  the  party  assigning, 
granting  or  agreeing  to  the  same. 

No  action  shall  be  brought  whereby  to  charge  a  party  upon  a  special 
promise  to  answer  for  the  debt,  defaultor  miscarriage  of  another  or  to  charge 
an  executor  or  administrator  upon  a  special  promise  to  answer  damages  out 
of  his  own  estate,  or  to  charge  a  person  upon  any  agreement  made  upon 
consideration  of  marriage,  or  any  contract  on  the  sale  of  lands,  or  any  interest 
concerning  lands,  or  upon  any  agreement  that  is  not  to  be  performed  within 
one  year  from  the  time  of  making  thereof,  unless  the  agreement  upon  which 
the  action  shall  be  brought  or  some  memorandum  or  note  of  it,  shall  be  in 
writing  and  signed  by  the  person  to  be  charged  therewith,  or  by  some  other 
person  thereunto  by  him  duly  authorized. 

Public  officers  are  not  allowed  to  contract  for  or  have  any  private  interest 
in,  directly  or  indirectly,  any  public  works,  of  which  they  as  officers  may 
have  charge. 

[Kan.  15.] 


;^06  KANSAS, 

Gamisliment. — In  District  Court. — Garnishment  proceedings  are  auxiliary 
to  attachment  proceedings,  and  partake  of  their  nature.  In  cases  of  attach- 
ment if  the  plaintiff,  his  agent  or  attorney  file  an  affidavit,  charging  that  some 
person  or  corporation,  naming  them,  is  indebted  to  plaintiff  and  has  property, 
naming  it,  of  the  defendant ;  a  copy  of  the  order  of  attachment,  together 
■with  a  notice,  that  he  appear  before  a  clerk  of  the  district  court  and  answer 
shall  be  served  upon  hiin. 

In  Justices'  Court. — Garnishment  proceedings  may  be  had  at  the  commence- 
ment of  suit  for  money  or  after  judgment  has  been  rendered. 

Grace. — All  bonds,  notes  and  bills  of  exchange,  except  checks  and  sight 
<lrafts  or  negotiable  paper,  shall  be  entitled  to  three  days' grace  in  time  of 
]>ayraent.  When  the  last  day  of  grace  falls  on  Sunday,  4th  of  July,  25th  of 
December,  first  day  of  January,  30th  day  of  May  or  any  day  duly  authorized 
for  a  fast  or  thanksgiving,  the  next  preceding  day  shall  be  deemed  the  last 
day  of  grace.     ( See  Bills  of  Exchange. ) 

Homestead.  — ( See  Exemptions. ) 

Insolvent  Laws. — {See  Assignment.) 

Interest  and  Usury. — Legal  rate  seven  per  cent. 

Parties  may  in  writing  contract  for  any  rate  not  to  exceed  12  per  cent. 
Judgments  bear  seven  per  cent,  except  when  the  contract  sued  on,  specifies 
the  interest  it  bears  ;  then  the  judgment  bears  the  same  rate  of  interest,  but 
not  to  exceed  12  per  cent.  Excess  of  12  per  cent,  is  applied  to  liquidate  the 
principaL  Purchasers  at  tax  sales,  in  case  of  redemption,  are  allowed 
twenty- four  per  cent. 

Judgments — Of  courts  of  record  are  liens  on  real  estate  or  debtor  within 
the  county,  but  lose  their  priority  over  other  subsequent  judgments  unless 
execution  is  issued  and  levied  within  one  year  after  judgment.  The  lien  can 
be  extended  to  other  counties  by  filing  therein  certified  copies  of  the  judg- 
ment. The  lien  continues  for  five  years,  and  may  be  revived,  but  the  issuance 
of  an  execution  during  the  life  of  the  lien  i)revents  the  judgment  from 
becoming  dormant,  for  five  years  from  the  date  of  the  issuance  of  the  last 
execution.  Judgments  in  justices'  courts  become  liens  by  filing  a  transcript 
in  the  district  clerk's  office  of  the  county  in  which  they  were  rendered. 

Judgments  by  default  in  district  court  can  be  taken  from  twenty-five  to 
fifty  days  from  commencement  of  suit,  owing  to  the  kind  of  service  obtained. 

In  Justices'  court  in  three  days,  whether  the  case  is  contested  or  not. 

No  judgment  can  be  obtained  for  attorney's  fees  in  any  note,  bill  of 
exchange,  bond  or  mortgage. 

Justice  of  the  Peace. — Are  judges  of  inferior  courts,  not  of  record,  and. 
are  elected  by  the  votes  of  townships  and  incorporated  cities,  and  hold  their 
office  for  the  period  of  two  years.  Their  jurisdiction  extends  to  the  limits  of 
the  county,  and  in  money  demands  may  render  judgments  for  amounts  duo 
on  accounts,  bills,  notes  or  bonds  not  to  exceed  three  hundred  dollars.  In 
notions  founded  ui>oa  an  undertaking  given  in  i)ursuance  of  law  in  any  civil 
proceeding  i)endiiig  before  a  justice  or  his  successor  in  office,  he  shall  have 
.lurisdiction  thereof  when  the  sum  due  or  demanded  does  not  exceed  five 
hundred  dollars. 

In  cases  of  r('i)U'vin  and  trespass  the  jurisdiction  docs  not  exceed  one 
Jnindred  dollars. 

Actions  may  he  brought  in  the  county  where  any  co-defendant  resides,  or 
may  be  ^ummonl'd,  and  the  justice  of  the  peace  having  jurisdiction  may  issue 
summons  to  the  sheriff  of  any  other  county  or  counties  where  such  co-de- 
fendants may  be  served,  and  when  summons  shall  have  been  served  upon 
said  co-defendants,  the  justice  shall  have  as  full  jurisdicticm  as  though  all  the 
ilcfeiulants  lived  iu  the  county  where  the  action  is  brought. 
ilCan.  ](!.] 


KANSAS.  307 

Landlord  and  Tenant. — The  relation  of  landlord  and  tenant  inay  be 
terminated  with  or  without  notice;  without  notice  when  by  writing  the 
notice  is  waived  ;  with  notice  of  three  montiis  in  cases  of  tenancy  from  year 
to  year  ;  thirty  days'  notice  in  cases  of  tenancy  at  will,  and  for  three  months 
or  less,  i)rovided,  if  a  tenant  for  the  jjcriud  of  three  months  or  longer  refuse 
to  i)ay  rent,  when  due,  ten  days'  notice  to  quit  shall  determine  the  lease 
uidess  the  rent  is  paid  before  the  expiration  of  the  ten  days. 

A  tenant  for  three  months  or  less,  who  shall  neglect  or  refuse  to  pay  rent 
wlien  due,  only  five  days'  notice  is  required  to  terminate  the  lease. 

It  generally  requires  fifteen  days  in  cities  before  a  landlord  can  terminate 
a  lease  and  get  possession  of  his  i)roperty,  wlien  tenants  neglect  or  refuse  to 
pay  rent  when  due. 

Leases  of  houses  or  proi)erty  for  illegal  purposes  are  void,  and  exceeding 
one  year,  are  void  if  not  in  writing. 

If  the  lease  is  in  writing  the  tenant  may  waive  the  benefit  of  lu>mestead 
and  exemption  laws  of  the  state. 

License. — Commercial  travelers  are  not  required  to  take  out  license. 

Liens. — Mechanics,  tradesmen  or  laboring  men.  have  lien  upon  the  ])remises 
on  which  they  have  made  contract  with  the  owner  or  his  or  her  agent,  per- 
formed labor  or  furnished  material  to  erect,  alter  or  repair  a  building  or 
appurtenances  to  the  same,  also,  forjiutting  up  machinery,  fi.Ktures  or  attach- 
ments to  any  building  or  performing  labor  or  furnishing  material  for  any 
improvements  on  the  premises.  Thislienattaches  when  the  ]>arty  jierforming 
the  labor  or  furnishing  the  material,  files  with  the  clerk  of  the  district  court 
a  statement  duly  verified,  setting  forth  the  amount  claimed,  items,  etc.,  name 
of  the  owner  and  the  description  of  the  property. 

Contractors  shall  file  such  statement  within  four  months  after  the  completion 
■of  their  contract. 

Sub-contractors  must  file  their  statement  for  lien  Avithin  sixty  days  from 
the  completion  of  the  building. 

The  risk  of  all  payments  made  to  the  origninal  contractor  sliall  be  on  the 
owner,  nntil  sixty  days  after  the  completion  of  the  building  or  improvement. 
The  owner  shall  not  be  liable  to  sub-contractors  for  a  greater  sum  than  the 
•original  amount  of  the  contract. 

Bonds  legally  issued  by  any  county  or  township  shall  be  a  lien  upon  the 
real  estate  thereof  for  the  ])aymentof  the  ])rincipal  and  interest. 

An  attorney  has  alien  on  i)apers  in  his  hands  and  money  in  the  hands  of 
the  adverse  party  belonging  to  his  client,  to  the  extent  of  amount  due  for 
service.  Thelien  attaches  on  money  in  the  hands  of  theadver.se  party  from 
the  time  of  notice  served  on  adverse  ]>arty. 

Livery  stable  keepers  and  all  other  persons  engaged  in  feeding  cattle,  liogs 
or  other  live  stock,  have  a  lien  for  the  feed  and  care  bestowed  upon  them. 

Any  forwarding  merchant,  Avaiohouse  keeper,  (stage,  express  or  railway 
company, )  hotel  keeper,  carrier,  or  other  bailer  liaving  a  lien  npon  goods, 
which  have  remained  in  .store  or  in  jjossession  of  .such  bailer  for  six  months 
or  more,  may  proceed  to  sell  the  same  or  .so  much  of  the  same  as  is  necessary 
to  j)ay  the  amount  of  the  lien  and  expenses. 

Limitations  of  Actions  and  Suits.— .^n  action  for  the  recovery  «.f  real 
j)roperty  sold  on  execution,  or  by  executors,  administrators  or  guardian.s, 
brought  by  the  execution  debtor.  <tr  the  heirs,  ward  or  guardian,  or  any  one, 
claiming  under  them,  after  the  date  of  the  judgment  or  order  of  sale,  must 
be  within  five  years  after  the  deed  is  recorded.  To  recover  by  holder  of  tax 
•deed  within  two  years,  and  against  holder  of  tax  deed  within  five  years  after 
recording  of  tax  deed.  Other  actions  for  recovery  of  real  property  within 
fifteen  years  after  cause  of  action  accmcs  :  On  official  bonds  and  contracts 
in  writing,  five  years,  ('ontracts  not  in  writing,  three  years.  Trespass, 
detinue,  replevin^  injuries  not  arising  on  contract  and  relief  on  the  ground 
of  fraud,  two  vears. 

I  Kan.  17] 


308  KANSAS. 

Limited  Partnerships. — May  be  formed  by  two  or  more  persons  for  mer- 
cantile, mechanical,  or  manufacturinjj  purposes,  only,  and  shall  consist  of 
one  or  more  general  partners  who  shall  be  responsible  as  general  partners 
now  are,  and  one  or  more  special  partners,  who  shall  only  be  liable  for  the 
amount  of  cash  or  property  invested. 

Such  partnerships  can  only  be  formed  by  subscribing  a  certificate  duly  ac- 
knowledged and  tiled  in  the  ofiice  of  the  county  clerk  of  the  county  where 
the  principal  business  of  the  partnership  is  situated,  showing  the  name  of 
the  firm,  nature  of  the  business,  names  of  general  and  special  partners,, 
amount  of  capital  stock  of  each  partner  and  period  said  partnership  begins 
and  ends,  and  publish  the  terms,  and  when  certificate  was  recorded,  for  at- 
least  four  weeks,  immediately  after  the  recording  of  the  same,  in  some  news- 
paper published  in  the  county.  The  special  partners  are  treated  as  silent 
partners.  Actions  respecting  the  business  c-an  only  be  prosecuted  by  and 
against  the  general  partners.  Every  partner  who  shall  be  guilty  of  any 
fraud  in  the  affairs  of  the  special  partnership  shall  be  liable  civilly  to  the 
party  injured,  and  shall  be  liable  to  an  indictment  for  a  misdemeanor,  pun- 
ishable by  a  fine  or  imprisonment,  or  both. 

Dissolutions  of  limited  partnerships,  except  by  operation  of  law  shall  be 
by  expiration  of  time  or  by  filing  and  recording  a  notice  of  such  dissolution 
in  the  office  of  the  county  clerk  where  the  certificate  of  organization  has- 
been  filed,  and  notice  of  such  dissolution  published  four  weeks  in  some 
newspaper  published  in  the  county. 

Married  Women. — Have  same  rights  as  men  concerning  property  and 
business,  and  may  carry  on  trade,  sue  and  be  sued,  and  sell  and  convey  their 
real  estate  precisely  as  their  husbands  can.  The  estate  of  dower  and  curtesy 
are  abolished.  The  homestead  is  the  absolute  property  of  the  widow  and 
children,  and  the  widow  inherits  in  fee  simple  one-half  of  the  estate  of  her 
husband  after  payment  of  debts.  {See  Descent  and  Distribution.)  Marriage 
settlements,  not  equitable,  are  valid  though  made  out  of  the  state. 

Mechanics'  Liens.— (-See  Liens.) 

Minors. — The  period  of  minority  extends  in  males  to  the  age  of  twenty- 
one  years,  and  in  females  to  that  of  eighteen. 

Minors  are  bound  Hot  only  by  contracts  for  necessaries,  but  also  by  his 
other  contracts,  unless  he  disaffirms  them  within  a  reasonable  time  after  he 
attains  his  majority,  and  restores  to  the  other  party  all  money  or  property 
received  by  him  by  virtue  of  the  contract,  and  remaining  within  his  control 
at  any  time  after  his  attaining  his  majority.  Any  parent  may  relinquish  his- 
right  to  control  his  child  to  any  other  person  desirous  of  adopting  the  same. 
The  district  court  for  good  cause  shown,  may  empower  minors,  by  granting 
to  them  the  rights  of  majority,  to  purchase,  hold,  possess  and  control  in 
their  own  person  and  right,  without  the  intervention  or  control  of  a  guard- 
ian or  trustee,  any  goods,  chattels,  rights,  interest  in  lands,  tenements  and 
effects  by  such  minor  lawfully  acquired  or  inherited. 

Mortgages  of  Real  Estate. — A  mortgage  of  real  estate,  to  be  valid  as 
against  subsequent  bona  fide  purchasers,  must  be  duly  signed,  acknowledged 
and  recorded  in  the  office  of  the  register  of  deeds  of  the  county  where  the 
land  is  situated  in  the  same  manner  that  other  real  estate  conveyances  are 
recorded.  In  the  absence  of  stipulations  to  the  contrary,  the  mortgagor  of 
real  property  retains  possession  until  the  mortgage  is  duly  foreclosed  and  the 
sheriff's  deed  delivered  to  the  purchaser. 

Mortgages  may  be  discharged  on  the  margin  of  the  record  by  mortgagee, 
or  his  attorney,  assignee  or  personal  representative,  acknowledging  the 
satisfaction  of  the  mortgage  in  the  presence  of  the  register  of  deeds  or  his 
deputy,  who  shall  subscribe  the  same  as  witness,  or  by  satisfaction  entered 
on  the  instrument  and  copied  on  the  margin  of  the  record  by  the  register,  or 
by  an  independent  release  duly  acknowledged  and  recorded: 
[Kan.  18.] 


KANSAS.  309 

There  is  no  redemption  of  land  sold  under  execution  or  other  legal  pro- 
cess in  this  state. 

A  mortgage  given  to  secure  i)urchase  money  shall  have  preference  over  a 
prior  judgment  against  such  purchaser. 

Mortgages  are  foreclosed  by  suit  only,  in  which  all  parties  in  interest,  sub- 
Bcquent  lien  holders  as  well  as  prior,  are  made  parties  defendant. 

Ko  real  estate  within  this  state  shall  be  sold  for  the  payment  of  any 
in<mey,  in  security  for  which  it  may  have  been  pledged,  except  in  pursuance 
•of  a  judgment  of  a  court  of  comi)etent  jurisdictiwi  ordering  such  sale. 

Notes  and  Bills  of  Exchange.— (-See  BilU  of  Exchaiuje,  etc.) 

Oaths  and  Affidavits. — (See  Ajfidavits.) 

Partnerships. — General  partners  are  liable  to  account  to  each  other  for 
their  management  of  the  attairs  of  the  concern,  and  are  individually  liable 
lor  the  debts  of  the  concern  after  its  assets  are  exhausted.  If  loss  hapj^ens 
to  the  firm  through  the  ordinary  negligence  of  a  partner  he  must  bear 
the  loss. 

Promissory  Notes. — (See  Bills  of  Exchange.) 

Practice. — The  state  of  Kansas  has  adopted  a  code  of  civil  procedure  em- 
bracing and  embodying  the  principal  features  of  the  codes  of  other  states, 
more  particularly  that  of  the  state  of  Ohio.  The  common  law,  as  modified 
by  the  constitution  and  statutory  laws  and  the  customs  of  the  people  remain 
in  full  force  to  aid  the  general  statutes  of  the  state.  Statutes  in  derogation 
of  the  common  law  are  liberally  construed  with  a  view  to  promote  its  ob- 
ject, and  assist  the  parties  in  obtaining  justice. 

Proof  of  Claims. — In  all  actions,  allegations  of  the  execution  of  a  written 
instrument,  and  endorsements  thereon  of  the  existence  of  a  corporation  or 
partnership,  or  any  appointment  or  authority,  or  the  correctness  of  an  ac- 
count duly  verified  by  affidavit  or  affirmation  of  the  party,  his  agent  or  at- 
torney, shall  be  taken  as  true,  unless  the  denial  of  the  same  be  verified  by 
affidavit  of  the  opapjsite  party,  his  agent  or  attorney 

Recording. — Every  instrument  in  writing  that  conveys  or  affects  the  title 
to  real  estate,  proved  or  acknowledged  and  certified  as  hereinbefore  de- 
.scribed,  may  be  recorded  in  the  office  of  the  register  of  deeds  in  the  county 
in  which  such  real  estate  is  situated,  and  such  record  shall  impart  to  all  per- 
sons notice  of  the  contents  thereof,  and  all  subsequent  purchasers  and 
mortgagees  shall  be  deemed  to  purchase  with  notice. 

Redemption. — There  is  no  redemption  of  land  sold  under  execution  or 
other  legal  process,  except  for  delinquent  taxes. — (See  Tax  Laws  and  Mort- 
gages.) 

Replevin. — The  plaintiff  in  an  action  to  recover  possession  of  specified 
personal  property  may,  at  the  commencement  or  any  time  before  answer, 
<;laim  the  immediate  delivery  of  such  property  to  him,  by  filing  an  affidavit, 
and  executing  to  the  defendant  an  undertaking  of  not  less  than  double  the 
value  of  the  property  in  controversy  as  provided  by  statute.  The  officer 
seizing  the  property  shall  hold  the  same  twenty-four  hours  before  delivering 
the  same  to  plaintitt",  during  which  tunc,  if  the  defendant  give  a  redelivery 
bond  to  plaintiff  of  not  less  than  double  the  value  of  the  property,  the  prop- 
erty shall  be  returned  to  the  defendant. 

A  justice  of  tt  e  peace  has  jurisdiction  in  all  actions  of  replevin,  where  the 
value  of  the  property  in  controversy  does  not  exceed  oue  hundred  dollars. 

[Kan.  19.1 


310  KANSAS. 

Revenue. — The  constitution  provides  for  a  uniform  and  equal  rate  of  as- 
sessment and  taxation,  and  excepts  ail  jjroperty  used  exclusively  for  stat^^-, 
county,  municipal,  literary,  educational,  scientific,  religious,  benevolent  and 
charitable  purposes,  and  personal  property  to  the  value  of  at  least  two  hun- 
dred dollars  for  each  family  shall  be  exempt  from  taxation. 

The  legislature  provides  at  each  session  for  raising  revenue  to  defray  cur- 
rent expenses. 

The  legislature  may,  for  the  purpose  of  defraying  extraordinary  expenses, 
and  making  public  improvements,  contract  public  debts,  but  sucli  debts  shall 
never  aggregate  over  one  million  dollars. 

The  public  debt  may  be  increased  to  any  amount  by  a  direct  vote  of  the 
people. 

The  county  commissioners,  in  counties  having  taxable  property  to  the  value 
of  $5,000,000,  or  less,  may  levy  a  tax  for  current  expenses  of  one  per  cent,  oil 
the  dollar,  and  when  the  taxaljle  property  amounts  to  over  $5,000,000,  the 
rate  of  taxation  shall  not  be  more  than  one  half  of  one  per  cent. 

This  rate  may  be  increased  by  a  direct  vote  of  the  people. 

Revision. — The  laws  of  Kansas  were  last  compiled  to  include  the  acts  of 
1879,  by  C.  F.  W.  Dassler. 

The  session  laws  are  published  by  the  state  printer  under  the  supervision 
of  the  secretary  of  state,  soon  after  the  close  of  each  session  of  the  legisla- 
ture. 

Thirty-five  volumes  of  the  supreme  court  reports  have  been  published. 

An  index  digest  or  the  supreme  court  reports,  including  volume  3o,  has 
been  published  by  Irwin  Taylor,  of  Topeka. 

The  laws  and  reports  are  published  by  authority  of  the  state,  and  aro  in 
charge  of  and  sold  by  the  state  Librarian. 

Revivor. — In  addition  to  causes  of  action  which  survive  at  common  law,, 
causes  of  action  for  mesne  profits,  or  for  an  injury  to  the  person  or  to  the 
estate,  or  for  deceit  or  fraud,  shall  survive,  and  the  action  may  be  brought 
notwithstanding  the  death  of  the  person  entitled  or  liable  to  the  same. 

No  action  pending  in  any  court  shall  abate  by  tlie  death  of  either  party 
thereto,  except  an  action  for  libel,  slander,  malicious  prosecution,  for  nui- 
sance or  misconduct  of  a  justice  of  the  peace,  while  in  office,  which  shall! 
abate  by  the  death  of  the  defendant.  % 

When  one  of  the  parties  to  an  action  dies,  or  his  powers  as  a  personal  rep- 
resentative ceases  before  judgment,  if  the  action  survives  it  may  be  revived 
by  order  of  the  court  in  term  time,  or  by  a  judge  thereof  in  vacation. 

Judgments  become  dormant  in  five  years  after  being  rendered,  or  last  exe- 
cution was  issued.  They,  however,  may  be  revived  witliiu  one  year  after 
becoming  dormant,  by  order  of  the  court. 

Seal. — No  private  seals  in  written  contracts,  except  seals  of  corporations, 
are  necessary,  and  no  scroll  or  representation  of  a  seal  after  the  signature  in 
any  deed  or  contract,  is  of  any  legal  value. 

Security  for  Costs  and  other  Undertakings.— (.SVe  Costs.) 

Stay  of  Execution. — There  is  no  stay  of  execution  in  tlie  district  court,  ex- 
cept where  the  case  is  taken  to  the  supreme  court,  and  a  bond  (for  superse- 
deas) is  filed,  or  in  case  of  a  foreclosure  proceeding  when  the  instrument 
sued  on  waives  appraisement,  a  stay  of  execution  is  h^ad  for  six  months  from 
the  time  the  judgment  is  rendered. 

In  justice  court  by  filing  bond  within  ten  days  after  judgment  is  rendered, 
{See  Executions  and  Judijnients.) 

Suits. — {See  Actions.) 

[Kan.  20.] 


KANSAS.  311 

Supplemental  Proceedings. — When  an  execution  against  the  property  of 
■  a  debtor  has  been  returned  unsatisfied,  and  the  defendant  lias  moneys,  credits 
or  property  subject  to  the  payment  of  his  debts,  whicli  lie  secretes,  and  un- 
justly refuses  to  apply  on  the  payment  of  said  execution,  or  having  property 
which  is  subject  to  execution,  he  is  threatening  or  attempting  to  leave  the 
state,  the  plaintilf  may  file  his  atlidavit  showing  such  facts,  and  have  the  de- 
fendant arrested  and  examined  in  relation  tolas  property  and  intention  t«> 
leave  the  state,  and  he  may  be  re(iuired  to  give  bond,  to  submit  to  examina- 
tion at  any  time  he  is  directeiL  and  in  default  of  bond  he  may  be  imprisoned. 

Any  property  a  debtor  may  have  not  exempt  may  be  seized  by  attachment, 
when  there  is  danger  of  the  ijlaintifFs  losing  his  claim,  or  any  of  the  ground* 
for  attachineiit  exists.  Moneys  in  the  haiuls  of  creditors  of  the  debtor  may 
be  garnisheed  at  the  beginning  of  a  suit,  when  the  plaintilf  is  in  danger  of 
losing  his  claim,  or  after  judgnaent,  upon  the  filing  of  the  afiidavit  by  plain- 
tiff, showing  the  grcmuds  for  garnishment. 

In  some  cases  a  receiver  may  be  appointed  to  take  charge  of  the  debtor's 
property,  collect  the  credits,  sell  the  property,  and  pay  the  debts. 

Taxes. — The  taxes  levied  in  any  year  become  a  lien  upon  the  real  property 
from  first  day  of  November.  The  owner  may  pay  the  full  amount  of  his  tax 
on  or  before  the  20th  day  of  December,  of  each  year,  or  at  his  option,  one- 
half  may  be  paid  on  or  before  that  date,  and  the  remaining  half  on  or  before 
the  20th  day  of  .June  next  following. 

If  the  first  half  of  the  taxes  is  unpaid  after  the  20th  of  December,  all  the 
taxes  immediately  become  due,  and  are  subject  to  a  penalty  of  five  percent, 
thereon,  and  all  of  said  tax  remaining  unpaid  on  the  lOtli  day  of  March  fol- 
lowing, and  all  taxes  of  the  preceding  year  which  remain  due  and  unpaid  on 
the  20th  day  of  June  of  each  year,  shall  be  subject  to  have  added  thereto,  an 
additional  penalty  of  five  per  cent.,  provided,  if  any  person  who  shall  pay 
the  full  amount  of  his  taxes  on  or  before  the  20th  day  of  December  of  eacit 
year,  shall,  by  the  treasurer,  on  his  tax  receipts,  be  allowed  a  rebate  of  five 
per  cent,  on  that  portion  becoming  due  on  t  he  20th  day  of  June. 

If  taxes  are  not  paid  on  the  20tli  day  of  June  the  property  is  then  subject 
to  sale.  It  shall  be  advertised  between  the  first  and  tenth  of  July,  and  sold 
for  taxes  and  charges  thereon  on  the  first  Tuesday  of  Heptember  thereafter. 

After  sale,  the  owner,  his  agent  or  attorney,  may  redeem  any  time  before  a 
tax  deed  is  issued  by  payment  to  the  county  treasurer  of  the  county  where 
such  land  was  sold,  for  the  use  of  the  purchaser,  liis  heirs  or  assigns,  the 
amount  for  which  said  land  was  sold,  and  all  subse<iuent  taxes  and  charges, 
with  interest  at  the  rate  of  twenty-four  per  cent,  per  annum  on  the  amount 
of  purchase-money,  from  the  date  of  sale,  and  all  subseciuent  taxes  paid  and 
endorsed  on  the  certifii-atc  of  sale  from  the  date  of  payment  of  the  same. 

In  the  absence  of  any  contract  in  relation  to  the  ]tayment  of  taxes,  the 
grantor  shall  pay  the  taxes  if  the  land  is  sold  between  the  1st  day  of  Novem- 
ber and  the  1st  day  of  March,  and  by  the  giantie,  if  sold  between  the  1st  day 
of  March  and  the  1st  day  of  November. 

Lands  sold  for  taxes,  are  redeemable  at  any  time  within  three  years  after 
the  day  of  sale,  and  no  tax  deed  can  be  issued  within  that  time.  Suits  to  set 
aside  a  sale  or  conveyance  of  lands  for  taxes  must  be  commenced  within  five 
years  froni  the  time  of  re(>ording  the  tax  deed. 

If  the  holder  of  a  tax  deed,  or  one  claiming  under  him,  being  in  possession, 
be  defeated  in  an  action  by  or  against  him  for  the  recovery  of  land  sold  iV)r 
taxes,  he  shall  be  allowed  all  taxes  paid  on  the  land,  interest,  and  all  valua- 
ble and  lasting  improvements. 

Trust  Deeds. — Declarations  or  creations  of  trusts  or  powers,  in  relation 
to  real  estate,  must  be  executed,  acknowledged  and  recorded  in  the  same 
manner  as  deeds  of  conveyanc^e  ;  but  this  provision  does  not  apply  to  trusts 
resulting  from  (operation  or  construction  of  law.  A  person  paying  money  to 
or  buying  a  title  from  a  trustee,  is  not  affected  by  the  manner  in  which  the 

flCan.  21.1 


312  KANSAS. 

trastee  applies  the  money  received.  Every  power,  beneficial  or  in  trust,  shall 
be  irrevocable,  unless  an  authority  to  revoke  it  is  reserved  in  the  instrument 
creating  the  same. 

Usury. — (i^ee  Interest  and  Usury.) 

"Wages. — {.See  Exemptions.) 

Wills. — Any  person  of  full  age,  of  sound  mind  and  memory,  having  an  in- 
terest in  real  or  personal  property  of  any  description,  may  give  and  devise  it 
away  by  will  or  last  testament,  lawfully  executed,  subject  to  rights  of  credi- 
tors and  surviving  husband  or  widow.  A  will  also  includes  codicils,  and  must, 
if  in  writing,  be  signed  at  its  close  by  the  testator,  and  attested  by  two  or 
more  competent  witnesses,     {^^e  iorms;  Attestation  of  Wills.) 

A  verbal  will  made  in  the  last  sickness  shall  be  valid  as  to  personal  prop- 
erty, if  reduced  to  writing  within  ten  days  after  the  death  of  the  testator, 
sio-ned  by  two  attesting  witnesses,  and  jjrobated  within  six  months  after  said 
death. 

Every  will,  when  admitted  to  probate,  shall  be  filed  in  the  office  of  the  pro- 
bate court,  and  recorded,  together  with  the  testimony,  in  a  book  kept  for  that 
purpose.  Trusts  created  by  will,  made  out  of  the  state,  relating  to  lands  in 
the  state,  may,  after  the  copy  of  the  will  is  admitted  to  record,  be  executed 
by  the  execvitor  or  trustee  giving  a  sufficient  bond  to  the  state  of  Kansas,  duly 
executed  and  approved  by  the  probate  judge,  the  same  as  trusts  created  with- 
in the  state.  The  surviving  issue  of  a  devisor  takes  the  parent's  share  unless 
otherwise  directed  in  the  will. 

Witnesses. — No  person  or  his  assignee  shall  be  allowed  to  testify  in  his 
own  behalf,  in  respect  to  transactions  or  communications  had  with  a  deceased 
person  when  the  adverse  party  represents  such  deceased  person  or  his 
interest. 

The  following  persons  are  incompetent  to  testify :  Persons  of  iinsound 
mind,  children  under  ten  years  of  age,  except  in  the  discretion  of  the  court, 
husband  and  wife,  for  or  against  each  other  in  civil  actions,  except  in  cases  of 
ao-eney  or  joint  interest;  but  in  no  case  concerning  communications  made 
during  marriage,  (for  exceptions  to  last,  see  Divorce),  nor  an  attorney,  clergy- 
man, or  physician,  with  reference  to  confidential  communications  made  to 
them,  unless  the  party  offers  himself  as  a  witness,  in  which  case  the  commu- 
nications to  such  attorney,  clergyman  or  physician,  on  the  same  subject,  are 
admissible. 


IKan.  22.1 


KANSAS. 


313 


ATTORNEYS  IN   KANSAS. 


Bold  Face  Type  denotes  county  seats.        A  dash  (— )  less  than  100  population. 
Figures  after  names,  when  admitted  to  tlie  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (X)  our  Compiler  of  Laws. 
A  dagger  (t)  former  recommendation  withdrawn. 

NAMES   OP    ATTORNEYS.      POPULA'n 


PLACE. 

COUNTY, 

Abilene 

Dickinson 

Alma 

Wabaunsee 

Anthony 

Harper 

Arkansas  City 

Cowley 

Arniourdale 

Wyandotte 

Atchison 

Atchison 

Ashland 

Clark 

Atwood 

Rawlins 

Augusta 

Butler 

Baxter  Springs 

Cherokee 

Belleville 

Republic 

Beloit 

Mitchell 

Buckner 

Hodgeman 

Burlingame 

Osage 

Burlington 

Coftey 

Caldwell 

Sunnier 

Carbondale 

Osage 

Cawker  City 

Mitchell 

Channte 

Neosho 

Cherokee 

Crawford 

Cherry  Vale 

Montgomery 

Chetoi)a 

Labette 

Clay  Centre 

Clay 

Clyde 

Cloud 

Cofteyville 

Montgomery 

<3olunibus 

Cherokee 

(•oldwater 

Comanche 

Concordia 

Cloud 

Cottonwood  Falls 

Chase 

Council  Grove 

Morris 

Dodge  City 

Ford 

Douglass 

Butler 

Downs 

Osborne 

C.  S.  Crawford,  '83. 

MALCOM  NICOLSON. 
(  F.  A.  NOFTZGER,  '84. 
I  F.  C.  RANEY.  '86. 
(  R.  B.  SHEPARD,  '78. 

A.  J.  Pyburn. 

J.  B.  Jenkins. 

Mills  &  Wells. 

John  W.  Ayres. 

E.  Schultz. 

N.  A.  Yeager. 

W.  H.  Hornor  &  Son. 

T.  M.  NOBLE. 

C.  P.  Stevens. 

Wm.  Fuller. 

EZRA  G.  RUSSELL,  '72. 

Geo.  M.  Dixon. 

S.  P.  G.  Lewis. 

Bradford  &  Gregory. 

Chas.  Hawkins. 

Lapham  &  Brewster. 

E.  A.  Perry. 

A.  L.  AVilson. 

J.  PL  Chrichton. 

Harkness  &  Godard. 

L.  W.  Barton. 

S.  G.  Ayers. 

J.  N.  Ritter. 

SMITH  &  WALLIS,  '81. 

Caldwell  &  Peterson. 

Young  &  Kelley. 
(  E.  S.  Bertram. 
(J:  J.  K.  Owens. 

Sutton  &  Soper. 

J.  E.  Nichols. 

Wm.  ]Mellen. 

Dighton.  Lane  County.  Population 

J.  S.  SniONS,  Special  attention  to  commercial  liti- 
gation and  mortgage  foreclosure.  Refers  to  State 
Bank  of  Dighton. 


Eldorado 
Ellsworth 


Butler 
Ellsworth 


C.  A.  Leland. 
S.  P.  Harrison. 


3,516 
640 

2,132 

4,500 

1,582 

20,000 

700 

300 
1.800 
1,500 

719 
4,000 

150 
1,574 
3,500 
2,000 
1,230 
1,200 
2,000 
1,400 
4,000 
2,000 
4.850 
2,000 
2,500 
3,500 

3,002 
1,000 

2,000 

2,500 
1,200 
1,200 


4,573 
2.000 


•314 


KANSAS. 


Emporia 


I^yon 


NAMES  OF  ATTORNEYS.   POPULA  K. 

ci'NNiNGiTAM  &  Mccarty,  t.o 


Erie 

Neosho 

Eskridge 

Wabaunsee 

Eureka 

Greenwood 

Fargo  Springs 

Seward 

Florence 

Marion 

Fort  Scott 

Bonrboii 

Frankfort 

.Marshall 

Fredonia 

AVilson 

Galena 

Cherokee 

'  KELLOGG  (L.  B.)  &  SEDG- 

i  WICK  (T.  N.),  '73 

John  Hall.  1,400 

^  t  £>.   V.  Dowd.  . 

\  A.  A.  Graham.  V"^'^ 

W.  C.  HUFFMAN,  '56.  3,207 
THEO.  BOTKIN,  '74.  — 

{See  Marion.)  1,80(^ 

J.  M.  LIMBOCKER,  '69.  7,867 

W.  J.  Gregg.  1,000 

T.  J.  Hudson.  1,477 

E.  E.  Sapp.  l,4ii:5 

Garden  City.  Finney  County.  Population,  Sl.T 

BROWN,  BIERER  &  COTTER AL. 
HOPKINS,   (W.  R.,)  HOSKINSON,   (A.  J.,)  & 

CARTWRIGHT,  (DODD). 
MORGAN,  D.  T.  '76 
PANKEY,  WM.  T.  '85. 

D.  W.  Houston. 
JOHN  F.  BELLAMY,  '70. 

E.  C.  &  T.  C.  Cole. 
Sam.  S.  Sisson. 
MONTGOMERY  &  HARRIS, 
E.  Bierer. 
( See  Marion. ) 
Lowell  &  Walker. 
S.  B.  Oberdenden. 
Geo.  A.  Amos. 
J.  P.  HOUSER,  '84. 
Wm.  Dunkin. 
Benton  &  Scott. 
Wm.  Barrett. 
J.  N.  McClure. 
M.  A.  Chambers. 
Ly decker  &  Leslie. 
J.  W.  Crawford. 
Jones  &  Jones. 
James  D.  Snoddy. 
L.  H.  Corse. 
D.  S.  ALFORD. 

^  E.  N.  0.  Clough,  '53. 
\  CHAS.  V.  WHITE,  '80. 

C.  B.  Donghters. 

John  jMcPhail. 

J.  W.  LORD,   '81. 

J.  H.  Bailey. 

Wm.  R.  Moore. 

SIMPSON,  BOWKER  & 

TRAVIS,  '70. 
^  Green  &  Ilessin. 
i;  f  8am.  Kimhle. 

Heron  &  Case. 
S  JOHN  B.  GREER. 
\  HENRY  A.  McLEAN,  83. 

Mann  &  Patei-son. 

I)ENT(W  &  JONES. 

3L  CLABAUGH,  '83. 


Gamett 

Anderson 

Girard 

Crawford 

Great  Bend 

Burton 

Harper 
Hays  City 
Hiawatha 

Harper 

Ellis 

Brown 

Hillsboro 

Marion 

Holton 

Jackson 

Howard 

Elk 

Humboldt 

Allen 

Hutchinson 

Reno 

Independence 
lola 

Montgomery 
Allen 

luka 

Pratt 

Junction  City 
Kenneth 

Davis 
Sheridan 

Kingman 
Kinsley 
La  Cross 

Kingman 
Edwards 
Rush 

La  Cygne 
Lamed 

Linn 
Pawnee 

Lawrence 

Douglass 

Leavenworth 

Leavenworth 

Lincoln 

Lincoln 

Lyndsburgh 

Lyndon 

Lyons 

McCune 

McPherson 
Osage 
Rice 
Crawford 

McPherson 

McPherson 

Manhattan 

Riley 

Mankato 

Jewell 

Marion 

Marion 

Marysville 
Medicine  Lodge 

Meade  Center 

Marshall 

Barber 

Meade 

2,107 
3,410' 
3,813 
2,760 
l,00l> 
3,800 
1,000 
3,000 
2,000- 
3,045 
5,000- 
6,000 
2,000' 

300 
4,500 

150 
3.500 
3,500 

178 

1,100 

3,500 

10,035 

29,368 

550 
1,()00 

SOO 
1,104 
1,588 

3,530 

;5,ooo 

700 

1,191 

3,000 
700 


KANSA8. 


315. 


Millbrook 
Minneapolis 
Mound  City 

Neodesha 
Ness  City 
Newton 
Nickerson 
North  Topcka 
Norton 

Oberlin 

Olathe 

Osage  Mission 

Osage  City 

Osawatomio 

Osborne 

Oskaloosa 

Oswego 

Ottawa 

Paola 

Parsons 

Peabody 

Phillipsburg 

Pittsburg 

Pleasanton 

Pratt 

Russell 

Sabetha 

Salina 

Scranton 


Sedan 

Rcneca 
St.  John 
Springfield 

St.  Mary's 
Stockton 

Smith  Centre 

Solomon  Citv 


COUNTY. 

Graham 

Ottawa 

Linn 

AVilson 

Ness 

Harvey 

Reno 

Shawnee 

Norton 

Decatur 

Johnson 

Neosho 

Osage 

Miami 

Osborne 

Jefferson 

Labette 

Franklin 

Miami 

Labette 

Marion 

Phillip 

Crawford 

Linn 

Pratt 

Russell 

Nemaha 

Salina 

Osage 

Chautauqua 

Nemaha 
Staffonl 
Seward 

Pottawatomie 

Rooks 

Smith 
Dickinson 


NAMES  OF  ATTORNEYS.  POPULA'n 

U.  J.  Harwi.  30O 

Thompson  &  Richards.  2,500 

John  C.  Cannon.  940 

J.  W.  Sutherland.  1,250 

S.  A.  Smith.  351 

Ady  &  Henry.  5,12H 

D.  S.  Dill.  1,50:5 
J.  H.  Collier.  1,000 
L.  H.  Thompson.  900 

^  O.  R.  FP]GAN,  '82.  .  .... 

(  MAY('72)  &  McELROY('76).  ^''^"^ 

J.  P.  St.  John.  3,021 

J.  L.  Dennison.  1,800 

A.  J.  Utley.  4,000 

H.  B.  SMITH,  '80.  54:t 

Hays  &  Pitts.  1,200 

W.  F.  Gilhilv.  90O 

Case  &  Glass.  .3,000 

Clark  &  Wilkinson.  8,000 

W.  T.  Johnston.  5,000 

David  Kelso.  7,343 

Dean  &  Hess.  1,800 

W.  H.  Pratt.  70O 

E.  Van  Gundy.  4,500 
Blue  &  Rich.  1,500 
CHAS.  H.  APT,  '84.  56i^ 
W.  G.  Eastland.  1,500 
J.  F.  Thompson.  1,352 
E.  W.  BLAIR,  '82.  4,001>' 
.John  McCoach.  1,700 

f  PECKHAM  (CHAS.  J.),  '59, 

HENDERSON (BEN.S.),'68,  .  ^,,f. 

1  &  SHARTEL  (JOHN  W.).  ^''^""' 

I  JOHN  W.  SHARTEL,  '84. 

J.  E.  TAYLOR,  '63.  2,225- 
GEORGE  W.  C.  SHUTTER,  '80.  500 
JNO.  R.  F.  MILES,  County 

Attorney 
Hagen  &  McKay. 

<;  W.  B.  HAM.  '81. 

'(  C.  W.  SMITH,  '78. 
Pattce  &  Sutherland. 
E.  W.  Blair. 


1,200 
534 

600 

1.063. 


Population,  50,000. 


Topeka.  Shawnee  County. 

H.  L.  Call,  624  Kansas  Ave, 
X  Welch  (C.  M.)  &  Welch  (R.  B.),  517  Kansas  Ave. 

See  Card  in  Apinndix,  p'lijc  ix. 

Turon  Reno  R.  S.  SMEDLEY. 

Troy  Doniphan  F.  J.  Close. 

Valley  Falls  Jefferson  Geo.  W.  ]\IcCammon. 

Wakeeney  Trego  Monroe.  Ilenkle  &  Dunn. 

Wallace  Wallace  J.  M.  Sanders. 

Wamego  Pottawatomie  I).  V.  Sprague. 

Washington  Washington  J.  W.  Rector. 

Waverly  Coffey  A.  B.  HUTCHINSON,  '65. 

fC.  J.  GARVER. 

Txr^n-     .„„  ^  , ,  ,„.  J  JOHN  M.  GRAHAM. 

Wellington  bumner  j  McDONALD  ('76)  & 

L  PARKER  ('83). 


30O 

SCO 
1,335 

418 

173 
2,500 
3,000 

50O 

6,344> 


316 


KANSAS. 


"Westmoreland 

Wetmore 

"Wichita 


"Winfield 

'Wyandotte 
ITates  Centre 


COTJNTT. 

Pottawatomie 
Nemaha 

Sedgwick 


Cowley 

Wyandotte 
Woodson 


NAMES   OF   ATTORNEYS.      POPULA'N. 

Hicks  &  Challis.  600 

E.  CAMPFIELD.  640 

(  Noah  Allen,  '76. 

{  J.  M.  BALDERSTON,  '69.      35,000 

I  E.  E.  M.  COCHRAN,  '80. 

f  PECKHAM  &  HENDERSON, 

J  Ref.  Attorneys  for  First    4,183 

(  National  Bank. 

J.  E.  Pickett.  12,086 

W.  H.  Slavens.  1,500 


BANKS  IN    KANSAS. 


Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  of  one 
ft>anfe  in  each  county  of  this  state  in  whieii  such  abanliing  institution  is  located. 


PLACE. 

Abilene 

Alma 

Anthony 

Ashland 

Atchison 

Belleville 

Beloit 

Burlingame 

Clay  Centre 

Concordia 

Cottonwood  Fa 

Council  Grove 

Dodge  City 

El  Dorado 

Ellsworth 

Emporia 

Eureka 

Fort  Scott 

Fredonia 

Garden  City 

Garnett 

Girard 

Great  Bend 

Hays  City 

Hiawatha 

Holton 

Howard 

Hutchison 

Independence 

lola 

Jetmore 

Junction  City 

Kingman 


NAME   OP   BANK. 

First  National  Bank 
John  F  Limerick  &  Co 
First  Nation^  Bank 
State  Bank  of  Ashland 
First  National  Bank 


Traders'  State  Bank 
First  National  Bank 
Clou.d  County  Bank 
lis  Chase  County  Nat  Bank 
Farmers'  &  Drovers'  Bank 
First  National  Bank 
Bank  of  El  Dorado 
First  National  Bank 


Fredonia  Bank 
First  National  Bank 


Bank  of  Hays  City 
First  National  Bank 


Commercial  Bank 
Bank  of  Allen  County 
Hodgeman  County  Bank 
Central  Kansas  Bank 
Fanners'  &  Drovers'  Bank 


PAID  UP 

CASHIER. 

CAPITAL. 

Theo.  Mosher. 

$100,000 

35,000 

L.  A.  Walton. 

50,000 

Perry  A.  Scrogin. 

25,000 

J.  T.  Coplan. 

100,000 

E,  H.  Ambler 

50,000 

50,000 

A.  M.  Miner. 

50,000 

M.  S.  Tousey. 

75,000 

V.  H.  Branch. 

100,000 

W.  W.  Sanders. 

50,000 

A.  Moser,  Jr. 

80,000 

R.  W.  Evans. 

50,000 

60,000 

W.  F.  Tompkins. 

50,000 

Chas.  S.  Cross. 

100,000 

J.  C.  Nye. 

70,000 

J.  Chenault. 

100,000 

M.  Abernethy. 

35,000 

Chas.  E.  Merriam. 

50,000 

John  R.  Foster. 

75,000 

J.  T.  Leonard. 

50,000 

R.  C.  Bailey. 

50,000 

H.  W.  Grass. 

10,0(K) 

Chas.  P.  Waste. 

110,000 

J.  P.  Moore. 

50,000 

T.  S.  Fuller. 

50,000 

E.  L.  Mtyer. 

50,0CO 

Geo.  T.  Guernsey. 

50,000 

Geo.  W.  Penn. 

25,000 

J.  P.  Atkin. 

10,000 

S.  W.  Pierce. 

50,000 

H.  Stout. 

75,000 

KANSAS. 


31T 


PAID  UI" 

PLACE. 

NAME   OF   BANK. 

CASHIER. 

CAPITAL. 

Kinsley 

Edwards  Mercantile  Bank 

C.  C.  Sellers. 

125,000 

Larned 

First  National  Bank 

T.  E.  Evans. 

100,000- 

Lawrence 

National  B'k  of  Lawrence 

A.  Hadley. 

100,000 

Leavenworth 

First  National  Bank 

Geo.  VanDerwcrker. 

100,000 

Lincoln 

n                  a                 (( 

E.  W.  McJunkin. 

50,000- 

Lyndon 

Lyndon  Savings  Bank 

W.  S.  Olcott. 

10,000 

Lyons 

Central  State  Bank 

.1.  E.  Gilmore. 

28,000 

Manhattan 

Blue  Valley  Bank 

Wm.  P.  Higinbothani. 

15,000' 

Mankato 

Case,  Bishop  &  Co 

55,000' 

Marion 

First  National  Bank 

W.  H.  Dudley. 

50,000 

Marysville 

t(                        i.                    u 

E.  R.  Fulton. 

75,000 

McPherson 

a                   i(                i( 

Amos  E.  Wilson. 

50,000- 

Medicine  Lodge      " 

0.  C.  Ewart. 

50,000 

Millibrook 

Farmers'  &  Merchants'  B'k 

;  H.  W.  Hobinson. 

10,000 

Minneapolis 

First  National  Bank 

J.  S.  Adair. 

50,000 

Mound  City 

Mound  City  Bank 

I.  H.  Stallcup. 

40,000 

Ness  City 

State  Bank  of  Ness  City 

Chas.  E.  Clarkson. 

25,000 

Newton 

Newton  National  Bank 

C.  R.  McLain. 

100,000 

Oberlin 

Bank  of  Oberlin 

Wm.  Browne. 

50,000 

Olathe 

•Johnson  County  Bank 

R.  M.  Atchison. 

50,000 

Osborne 

First  National  Bank 

Frank  Knox. 

50,000 

Oskaloosa 

Jefiferson  County  Bank 

M.  L.  Critchfield. 

100,000 

Oswego 

First  National  Bank 

F.  C.  Wheeler. 

75,000 

Ottawa 

((             ((           (( 

C.  C.  Mintou. 

50,000 

Paola 

Miami  County  Nat  Bank 

Wm.  Crowell. 

100,000 

Phillipsburg 

First  National  Bank 

Frank  Strain. 

44,000> 

Russell 

U                         U                       (t 

E.  C.  Haskett. 

80,000 

Salina 

((                        ((                       u 

M.  D.  Teage. 

100,000- 

Sedan 

Turner's  Bank 

L.  L.  Turner  &  Co. 

50,000 

Seneca 

First  National  Bank 

W.  E.  Wilkinson. 

.50,000 

Smiths  Centre 

Smiths  County  Bank 

A.  U.  Shelden. 

50,000 

St.  John 

First  National  Bank 

R.  W.  Thompson. 

50,000 

Stockton 

((             (.           (i 

H.  C.  Reins. 

50,000 

Topeka 

ic                  a               (( 

D.  A.  Moulton. 

200,000 

Wakeeney 

Wakeeney  Bank 

R.  C.  Wilson. 

50,ooa 

Wallace 

Wallace  County  Bank 

T.  J.  R.  Perry. 

5,000 

Washington 

First  National  Bank 

0.  S.  Long. 

50,000' 

Wellington 

<(                   a                u 

Geo.  M.  Miller. 

50,000 

Westmoreland 

u                  u               a 

A.  B.  Pomeroy. 

50,000 

Wichita 

Citizens'  Bank 

John  C.  Denst. 

200,000 

Winfield 

First  National  Bank 

W.  C.  Robinson, 

125,000 

Wyandotte 

Bank  of  Wyandotte 

Wm.  Albright,  (Asst.) 

50,000 

Yates  Center 

Woodson  National  Bank 

Charles  S.  Jones. 

50,ooa- 

STATE  OF 

SUMMARY   OF 

Collection    Law^b. 


Court  Calendar,  instructions  for  taking  Depositions,  Legal  Forms,  Eto. 

Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "  Bhowers' 

IjEGAL  Directory  and  Merchants'  Guide."  for  1888,  by 

Horatio  S.  Bright,  of  the  LiOUisville  Bar. 

Acknowledgments.— (-Sfe  Deeds.) 

Actions. — An  action  is  commenced  by  filing  in  the  clerk's  ofiBce  of  the 
jiroper  court,  a  petition  stating  the  plaintift's  cause  of  action  ;  or  in  cases 
wherein  written  pleadings  are  not  required,  by  filing  in  such  court  the  ac- 
count or  the  written  contract,  or  a  short  written  statement  of  the  facts  on 
which  the  action  is  founded  ;  and  in  either  case,  by  causing  a  summons  to  be 
issued,  or  a  warning  order  to  be  made  tliereon.  And  if  the  plaintiff  therein, 
is  a  non-resident,  or  a  corporation  other  than  a  banking  company,  created  by 
the  laws  of  this  state,  such  plaintiff  must  file  in  the  clerk's  office,  a  bond 
with  good  security,  to  be  approved  by  the  clerk  of  the  court  in  which  the 
action  is  filed,  for  the  payment  of  all  costs  ;  and  the  action  will  be  dismissed 
on  motion  of  the  defendant,  unless  in  a  reasonable  time,  to  be  allowed  by  the 
court,  after  the  motion  is  made  therefor,  plaintiff  files  such  bond,  securing 
all  past  and  future  costs. 

Administration  of  Estates  of  Deceased  Persons. — Where  any  jjerson 
sliall  die  intestate,  that  court  shall  have  jurisdiction  to  grant  administration 
on  his  estate  tliat  would  have  had  jurisdiction  to  probate  his  will,' had  he 
made  one. 

The  court  having  jurisdiction  shall  grant  administration  to  the  relatives  of 
the  deceased,  who  apply  for  the  same,  i)referring  the  surviving  husband  or 
wife,  and  then  such  others  as  are  next  entitled  to  distribution,  or  one  or  more 
of  them,  whom  the  court  shall  judge,  will  best  manage  the  estate.  If  no 
such  person  apply  for  administration  at  the  second  county  court  from  the 
death  of  an  intestate,  the  court  may  grant  administration  to  a  creditor,  or  to 
any  other  person,  in  the  discretion  of  the  court. 

An  administrator  at  the  time  of  his  appointment,  shall  take  an  oath,  and 
make  a  bond,  with  good  surety,  which  bond  sliall  be  approved  by  the  court, 
and  attested  by  the  clerk  of  the  court  that  appointed  him,  that  he  will  faith- 
fully perform  and  discharge  liis  duty  as  sucli ;  that  he  will  well  and  truly 
jtdrainister  the  goods,  chattels,  credits  and  effects  of  the  said  intestate,  ac- 

[Ky.  L] 


KENTUCKY.  :'.1!> 

cording  to  law,  and  make  a  just  and  true  account  of  all  liis  actings  and 
doings  therein  ;  and  well  and  truly  make  a  proper  distribution  of  any  sur- 
plus money,  effects  ami  rents,  whicli  may  come  to  liis  hands  as  administrator. 
It  shall  be  the  duty  of  administrator  to  return  an  inventory  and  sale  bill  of 
his  estate,  the  former  within  three  montlis  from  the  time  of  qualifying  as 
such;  and  tlic  latter  witiiiu  sixty  days  after  the  sale  to  tlio  clerk's  office  of 
the  court  in  which  he  qualified. 

Before  an  administrator  is  autiiorized  to  i)ay  any  demand  against  his  es- 
tate, he  sliall  re<iuire  it  to  be  verified  by  the  written  affidavit  of  the  claimant, 
or  in  his  absence  from  the  state,  by  liis  agent,  or.  if  dead,  by  his  personal 
representative,  stating  tliat  the  demand  fS  just,  and  lias  ni'ver,  to  his  knowl- 
edge or  belief,  been  paid,  and  that  tliere  is  no  oft-set  or  discount  against  the 
same,  or  any  usury  therein. 

If  any  i>art  of  the  demand  has  been  paid,  or  there  be  any  off-set  or  dis- 
count against  the  same,  or  any  usury  therein,  the  affidavit  shall  state  the 
amount  of  the  payment  or  usury,  when  the  i>ayment  was  made,  and  when 
the  ofi'-set  or  discount  was  due,  to  the  best  of  the  Affiant's  knowledge  and 
belief:  and  if  such  claim  is  other  than  a  note  or  personal  obligation,  it  must 
be  proved  by  the  affidavit  also  of  some  third  ])arty.  He  shall  have  his  ac- 
counts settled,  and  the  settlement  and  vouchers  sustaining  the  same,  re- 
turned to  tlie  county  court  within  two  years  after  he  qualifies,  and  as  often 
thereafter  as  the  court  may  recjuire. 

Affidavits. — An  affidavit  is  a  written  declaration,  under  oath,  made  with- 
out notice,  to  the  adverse  party. 

An  affidavit  may  be  made  iu  this  state  before  a  judge  of  a  (^ourt,  a  justice 
of  the  i>eace,  notary  public,  examiner,  clerk  of  a  court,  or  master  commis- 
sioner, and  out  of  this  state,  to  be  used  here,  before  a  commissioner  ap- 
l>ointed  by  tlie  governor  thereof,  or  any  other  jierson  empowt^red  by  a  com- 
mission directed  toliim  by  consent  of  tlie  parties,  or  by  order  of  the  court, 
ov  before  a  judge  of  the  court,  a  justice  «)f  the  j)eace,  mayor  of  a  city,  or 
notary  public. 

Any  affidavit  which  our  law  requires  or  authorizes  a  i»arty  to  make,  may, 
unless  otherwise  expressed,  be  made  by  his  agent  or  attorney,  if  he  be  ab- 
sent from  tlie  county.  If  an  action  be  brouglit  by  two  or  more  plaintiffs,  an 
affidavit  for  a  warning  order  must  be  made  by  all  of  them,  who  may  be  iu 
the  county,  and  every  other  affidavit  ma(U>  in  behalf  of  two  or  more  parties 
united  in  interest,  may,  unless  otluirwise  expressed,  be  made  by  one  of  them, 
except  where  an  adverse  party  files  apleading  verified  by  a  jterson  other  than 
him.self,  and  the  opposing  party  files  his  affidavit,  stating  that  he  believes  the 
adverse  party  knows  that  a  statement  in  liis  ]>leading,  in  the  affidavit  men- 
tioned, is  untrue,  the  court,  if  such  statement  be  material,  shall  require  such 
adverse  party  to  verify  the  jileading,  and  if  he  fails  to  do  so,  shall  treat  it  with 
regard  to  him,  as  if  it  had  not  been  filed. 

No  affidavit  in  behalf  of  two  or  more  i)arties  luiited  in  interest,  shall,  un- 
less otherwise  expressed,  be  made  by  an  agent  or  attorney,  unless  all  of 
them  be  absent  from  the  county. 

The  affidavit  of  an  agent  or  attorney  must  state  the  absence  from  the  county 
of  the  l^arty  or  i)arties  for  whom  it  is  made.  And  the  fact  tliat  the  affiant  is 
agent  or  attorney. 

Every  affidavit  shall  be  subscribed  by  the  affiant ;  and  the  certificate  of  the 
officer  or  j)erson  before  whom  it  is  made  shall  be  written  separately,  follow- 
ing the  signature  of  the  affiant,  and  ^liaH  ^>^'  pi'oof  of  the  time  and  manner 
of  the  affidavit  being  made. 

• 

Aliens. — An  alien  not  being  an  enemy,  shall,  after  he  has  declared  his  in- 
tention of  becoming  a  citizen  of  the  United  States,  according  to  the  fonns 
required  by  law,  be  enabled  to  recover,  inherit,  hold  and  pass  by  descent, 
[Ky.2.] 


320  KENTUCKY. 

devise  or  otherwise,  any  interest  in  real  or  personal  property,  in  the  same- 
manner  as  if  he  were  a  citizen  of  this  commonwealth. 

Any  woman  whose  husband  is  or  shall  be  a  citizen  of  the  United  States, 
and  any  person  whose  father  or  mother,  at  the  time  of  his  birth,  was  or  shall 
be  a  citizen  thereof,  although  bom  out  of  the  United  States,  may  take  and 
hold  real  or  personal  estate,  by  devise,  purchase,  descent  or  distribution. 

Au  alien  shall  have  the  same  right  to  recover,  inherit,  hold  and  pass  by 
descent,  devise,  or  otherwise,  real  or  personal  property  in  this  state,  that  is 
given  to  the  citizens  of  Kentucky,  by  the  law%s  of  the  government  of  which 
such  alien  was  or  is  a  citizen  or  subject. 

Appeals. — (See  Courts.) 

Arrests. — A  defendant  in  a  civil  action  can  be  arrested  and  held  to  bail ; 
and  an  order  for  his  arrest  shall  be  made  by  the  clerk  of  the  court  in  which 
the  action  is  brought  or  pending,  if  au  affidavit  of  the  plaintiff  be  filed  in  his 
office,  showing  1st.  The  nature  of  the  plaintiffs  claim;  2d.  That  it  is  just; 
3d.  The  sum  or  value  which  the  affiant  believes  the  plaintiff  ought  to  recover ; 
4th.  That  the  affiant  believes,  either  that  the  defendant  is  about  to  depart 
from  this  state,  and  with  intent  to  defraud  his  creditors,  has  concealed,  or 
moved  from  this  state,  his  property,  or  so  much  thereof  that  the  process  of 
the  court  after  the  judgment  cannot  be  executed,  or  that  the  defendant  ha& 
money,  or  securities  for  money,  or  evidences  of  debt,  in  the  possession  of 
himself,  or  of  others  for  his  use,  and  is  about  to  depart  from  this  state  with- 
out leaving  property  therein,  sufficient  to  satisfy  plaintiffs  claim. 

To  obtain  an  order  of  arrest,  plaintiff  must  execute  bond  with  good  sure- 
ties, to  pay  to  the  defendant  all  damages  which  he  may  sustain  by  reason  of 
the  arrest,  if  the  order  be  wrongfully  obtained,  not  exceeding  double  the 
amount  of  the  plaintiffs  claim  stated  in  tlie  affidavit. 

The  defendant,  when  arrested,  shall  be  committed  to  the  jail  of  the  county, 
unless  he  gives  bail,  or  deposits  in  the  hands  of  the  sheriff,  or  in  court,  the 
sum  of  money  mentioned  in  the  order  of  arrest.  If  committed  to  jail,  he 
must  remain  there  until  he  pays  the  debt,  gives  bail,  or  takes  the  insolvent 
debtor's  oath. 

Assignments. — (See  Insolvent  Laws  and  Assignments.) 

Attachments. — The  plaintiff  may,  at  or  after  the  commencement  of  an 
action,  have  au  attachment  against  the  property  of  the  defendant,  including 
garnishees,  as  security  for  the  satisfaction  of  such  judgment  as  may  be  re- 
covered. 1st.  An  action  for  the  recovery  of  money  against  a  defendant  who 
is  a  foreign  corporation,  or  a  non-resident  of  the  state  ;  or  2d.  Who  has 
been  absent  herefrom  four  months  ;  or  3d.  lias  departed  herefrom  with  in- 
tent to  defraud  his  creditors  ;  or  4th,  Has  left  the  county  of  his  residence 
to  avoid  the  service  of  a  summons  ;  or  5th.  So  conceals  himself  that  a  sum- 
mons cannot  be  served  upon  him ;  or  6th.  Is  about  to  remove  or  has  removed 
his  property,  or  a  material  part  thereof,  out  of  this  state,  not  leaving  enough 
therein  to  satisfy  the  plaintiffs  claim,  or  the  claims  of  said  defendant's 
creditors ;  or  7th.  Has  sold,  conveyed,  or  othei-wise  disposed  of  his  property, 
or  suffered  or  permitted  it  to  be  sold,  with  the  fraudulent  intent  to  cheat, 
hinder  or  delay  his  creditors;  or  8th.  Is  about  to  sell,  convey,  or  otherwise 
dispose  of  his  property  with  such  intent.  But  an  attachment  shall  not  be 
granted  on  the  ground  that  the  defendant  is  a  foreign  corporation  or  non- 
resident of  this  state,  for  any  claim  other  than  a  debt  or  demand  arising  up- 
on a  contract,  express  or  implied,  or  a  judgment  or  award.  II.  In  an  action 
for  the  re(U)jfery  of  money  due  upon  a  contract,  judgment  or  award,  if  the 
defendant  has  no  property  in  this  state  subject  to  execution,  or  not  enough 
thereof  to  satisfy  the  plaintiflTs  demand  ;  and  the  collection  of  the  demand 
will  be  endangered  by  delay  in  obtaining  judgment,  or  a  retuin  of  no  prop- 
erty found.     III.  In  an  action  to  recover  tlie  possession  of  personal  property^ 

[Ky.  3.] 


KENTUCKY.  321 

•which  has  been  ordered  to  be  delivered  to  the  pLaintiff,  and  which  property, 
or  a  pait  thereof,  has  been  disposed  of,  concealed,  or  removed,  so  that  the 
order  for  its  delivery  cannot  be  executed  by  the  sheriff. 

An  order  of  attachment  shall  be  made  by  the  clerk  of  the  court  in  which 
the  action  is  brought  or  i)endino;,  if  an  afhdavit  of  the  plaintiff  be  filed  in  liis 
office,  showhig,  I.  The  nature  of  the  plaintiff's  claim  ;  II.  That  it  is  just ; 
III.  The  sum  which  the  affiant  believes  the  plaintift"  ought  to  recover ;  IV. 
The  existence  of  any  one  of  the  grounds  hereinbefore  mentioned.  But  the 
order  of  attachment  sliall  not  issue  until  the  plaintiff  has  filed  in  the  clerk's 
office,  bond  with  one  surety,  to  pay  to  the  defendant  all  damages  which  he 
may  sustain  by  reason  of  the  attachment,  if  the  order  be  wrongfully  ob- 
tained, not  exceeding  double  the  amount  of  the  plaintiff's  claim. 

Before  a  debt  or  liability  on  a  contract  becomes  due  or  matures,  an  equita- 
ble action  may  be  brought  for  indemnity,  and  plaintiff  may  have  an  order  of 
arrest  of  defendant,  or  an  attachment  against  defendant's  property,  if  there 
exists  any  grounds  for  an  attachment  hereinbefore  mentioned.  But  no  order 
of  arrest  or  attachments  shall  be  issued,  until  the  proper  bond  be  executed  by 
the  plaintiff. 

Banks. — No  bank  or  other  incorjiorated  institution  can  charge  a  greater 
amount,  including  exchange  and  discount,  than  ten  per  cent,  i^er  annum,  on 
any  bill,  bond,  note,  or  other  obligation  discounted  or  purchased  by  it. 

Bills  of  Exchange  and  Promissory  Notes.— If  any  bill  of  exchange, 
drawn  on  any  person  out  of  the  United  States,  shall  be  protested  for  non- 
acceptance  or  non-payment,  it  shall  bear  ten  per  cent,  per  year  interest,  from 
the  day  of  protest,  but  not  longer  than  eighteen  months,  unless  payment  be 
sooner  demanded  from  the  party  to  be  charged,  or  unless  by  the  contract  a 
rate  greater  than  six  per  cent,  is  stipulated  for.  Such  interest  shall  be  re- 
covered to  the  time  of  the  judgment,  and  the  judgment  shall  bear  six  per 
cent,  interest  thereafter.  Damages  on  all  other  bills  are  disallowed.  Bills, 
drafts,  or  checks,  payable  in  bank  notes  or  currency,  or  other  funds,  where- 
soever drawn  or  payable,  shall  be  deemed  negotiable,  and  treated  in  all  re- 
spects as  if  drawn  for  money,  except  as  to  the  value  of  the  currency  in  which 
they  are  payable  The  protest  of  a  notary  public,  under  his  seal,  of  the  non- 
acceptance  or  non-payment  of  a  bill,  sliall  be  prima  facie  evidence  of  its  dis- 
honor. Every  person  who  shall  sign  his  name  uptm  the  back  of  a  promis- 
.sory  note  shall  be  deemed  and  treated  as  an  assignor  as  to  the  party  holding 
it,  unless  in  a  writing  a  different  purpose  be  expressed  ;  or  the  note  can  be 
legally  placed  on  the  footing  of  a  bill  of  exchange.  Promissory  notes,  pay- 
able to  any  person  or  persons,  or  to  a  corporation,  and  payable  and  negoti- 
able at  any  bank  incorporated  under  any  law  of  this  commonwealth,  or  orga- 
nized in  this  coyimonwealth  under  any  law  of  the  United  States,  which  shall 
be  indorsed  to,  and  discounted  by,  the  bank  at  which  the  same  is  jjayable,  or 
by  any  other  banks  in  this  commonwealtli,  as  above  specified,  shall  be,  and 
they  arc  hereby,  placed  on  the  same  footing  as  foreign  bills  of  exchange. 
Three  days  of  grace  are  allowed  on  bills  of  exchange  drawn  payable  at  or 
after  sight,  or  on  time  and  when  the  third  day  of  grace  falls  on  Sunday,  or 
a  holiday,  the  bill  or  note  becomes  due  the  preceding  day. 

Chattel  Mortgage. — Are  required  by  law,  to  bo  recorded,  to  be  effectual 
against  subsecpient  2:)urchasers  and  creditors  in  the  clerk's  office  of  the 
county  in  which  the  property  conveyed,  or  the  greater  part  thereof  shall  be, 
and  they  shall  not  be  valid  against  such  purchasers  and  creditors  until  they 
.shall  be  acknowledged  or  proved  according  to  law  and  lodged  for  record. 

Claims  Against  Decedents'  Estates. — {Sec  Admi/iisf ration  of  Estates  of 
JJcccdscd  PcrtiuiiH.) 
[Ky.  4.] 


322  KENTUCKY. 

Conditional  Sales  of  Personal  Property. — No  statute  upon  this  subject. 
It  follows  the  conniiou  law. 

Corporations. — Domestic. — Any  number  of  persons  may  associate  them- 
selves together  and  become  incorporated  for  the  transaction  of  any  lawful 
business,  except  banking  and  insurance,  and  for  the  construction  of  railroads. 
But  before  commencing  any  business,  except  that  of  their  own  organization, 
they  must  adopt  articles  of  incorporation,  which  shall  be  signed  and  ac- 
knowledged by  them  as  deeds  are  required  to  be  acknowledged,  and  recorded 
in  a  book  kept  for  that  purpose  in  the  office  of  the  clerk  of  the  county 
court  whei'e  the  pri^icipal  place  of  business  is  to  be.  Corporations  for 
the  construction  of  any  work  of  internal  improvement  shall,  in  addition, 
file  a  certified  copy  of  such  articles  in  the  office  of  the  secretary  of  state,  and 
have  the  same  recorded  by  him  in  a  book  kept  for  that  purpose.  Such  ar- 
ticles of  incorporation  must  specify  the  highest  amount  of  indebtedness  or 
liability,  director  contingent,  to  which  the  corporation  is  at  any  one  time  to 
be  subject,  which  must  in  no  case  exceed  two-thirds  of  its  capital  stock. 

A  notice  shall  be  published  for  at  least  four  weeks  in  some  newspaper  as 
convenient  as  practicable  to  the  principal  place  of  business  ;  said  notice  shall 
specify,  1st.  The  names  of  the  corporators,  the  name  of  the  corporation 
and  the  principal  place  of  transacting  business.  2d.  The  general  nature  of 
the  business  proposed  to  be  transacted.  3d.  The  amount  of  capital  stock 
authorized,  and  the  times  when,  and  the  conditions  upon  which,  it  is  to  be 
paid  in.  4th.  The  time  of  the  commencement  and  termination  of  the  cor- 
poration. 5th,  By  what  officers  or  persons  the  affairs  of  the  corporation  are 
to  be  conducted,  and  the  times  at  which  they  are  to  be  elected.  6th.  The 
highest  amount  of  indebtednese  or  liability  to  which  the  corporation  is  at 
any  time  to  subject  itself.  7th.  Whether  private  property  is  to  be  exempt 
from  the  corporate  debts.  The  corporation  may  commence  business  as 
soon  as  the  articles  are  filed  for  record  in  the  office  of  the  county  court  clerk 
and  their  acts  shall  be  valid  if  the  publication  in  a  newspaper  is  made,  and 
the  copy  filed  in  the  office  of  the  secretary  of  state,  when  such  filing  is  nec- 
essary within  three  months  from  such  filing  in  the  clerk's  office.  The 
stockholders  of  any  corporation  shall  be  individually  liable  to  the  amount  of 
the  unpaid  instalments  on  the  stock  owned  by  them,  or  transferred  by  them, 
for  the  purpose  of  defrauding  creditors  ;  and  an  execution  against  the  com- 
pany may,  to  that  extent,  be  levied  upon  the  private  property  of  such  indi- 
vidual. 

Foreign. — "We  have  no  statutory  law  iipon  the  subject  of  foreign  cor- 
poration, but  foreign  corporation  or  persons,  organized  under  charters  grant- 
ed by  other  states,  who  may  engage  in  running  and  operating  any  of  the 
railroads  of  this  state,  are  permitted  to  do  so  upon  certain  statutory  condi- 
tions. 

Costs. — When  a  non-resident,  or  any  corporation  shall  institute  an  action 
in  any  court,  whether  suing  in  his  own  right  or  as  the  representative  of 
another,  he  shall,  before  the  commencement  thereof,  give  bond,  with  surety 
resident  in  this  state,  payable  to  the  defendant,  to  pay  all  costs  that  may  ac- 
(;rue  in  consequence  thereof,  either  to  the  opposite  party  or  the  officers  of 
liourt.  If  a  plaintiff,  in  his  own  right  or  in  his  representative  character, 
l)ending  an  action,  remove  from  this  state,  he  shall  give  bond,  with  surety, 
ibr  the  costs  of  the  action. 

Courts. —  Term-t  and  jurisdiction,  of. — Court  of  Appeals, — lias  exclusive 
appellate  jurisdiction  over  the  judgments  and  final  orders  of  all  courts  of 
this  commonwealth,  in  judgments  for  money  or  personal  i>roperty  of  value 
greater  than  three  thousand  dollars,  exclusive  of  interests  and  costs  ;  also 
when  there  is  involved  the  validity  of  a  statute,  the  title  to  a  freehold,  or 
right  to  a  franchise,  or  the  probate  of  a  will,  and  in  cases  of  felony  ;  also  ap- 
[)ellate  jurisdiction  of  all  final  orders  and  judgments  of  the  superior  court, 

[Ky.  5.1 


KENTUCKY.  :^23 

rexctpt  when  the  judgiueut  is  foi*  a  fine,  or  the  recovery  of  money  or  personal 
l)roperty,  and  the  fine  or  the  value  in  controversy  is  less  than  one  thousand 
dollars,  exclusive  of  interest  and  costs.  And  in  cases  where  the  judgment  of 
the  lower  court  has  been  affirmed  by  the  superior  court,  without  a  dissentinj;- 
vote  ;  but  appeal  may  be  taken  in  the  excepted  cases,  if  two  judj^es  certify 
that  the  question  involved  is  novel  and  of  sufficient  importance. 

Superior  Court  has  original  juristUction  in  fiscal  cases,  in  behalf  of  the 
commonwealth,  that  was  formally  confeiTcd  on  the  Franklin  circuit  court, 
by  statute.  It  also  has  exclusive  appellate  jurisdiction  over  the  final  orders 
»iid  judgments  of  all  courts  of  original  jurisdiction  in  this  commonwealth, 
except  where  the  matter  in  controversy  is  less  than  one  hundred  dollars  in 
value,  exclusive  of  costs,  and  except  where  the  order  or  judgment  is  by  the 
(piarterly,  county,  police,  city,  or  justices'  court,  and  courts  of  similar  juris- 
diction in  civil  cases.  Appeals  may  be  taken  in  actions  for  the  division  of 
hind  and  allotment  of  dower  in  the  county  court. 

Appeals  to  the  court  of  appeals  or  superior  court  must  betaken  within  two 
years. 

Circuit  Courts  have  original  jurisdiction  of  all  matters  both  in  law  and 
equity,  within  their  county,  of  which  jurisdiction  is  not,  by  law.  exclusively 
delegated  to  some  other  tribunal.  They  have  appellate  jurisdiction  of  all 
judgments  and  final  orders  of  quarterly  courts,  where  the  matter  in  contro- 
versy is  of  the  value  of  twenty-five  dollars  or  more  ;  and  from  justices' 
courts,  where  the  amount  in  controversy  is  fifty  dollars  or  more  ;  and  of  judg- 
ments and  final  orders  of  county  courts  on  the  probate  of  wills  ;  the  grant- 
ing, refusing,  or  revoking  of  letters  testamentary  and  of  administration  ;  the 
appointment  and  removal  of  guardians  ;  the  settlement  of  the  accounts  of 
fiduciaries  ;  in  cases  of  bastardy ;  division  of  land  ;  allotment  of  dower,  etc. 
Tliis  jurisdiction  extends  to  errors  of  fact  as  well  as  of  law. 

In  several  counties  the  civil  jurisdiction  has  been  drawn  from  the  circuit 
courts,  and  given  to  courts  of  common  pleas. 

Quarterly  Courts  have  jurisdiction  where  the  matter  in  controversy,  ex- 
clusive of  interest,  does  not  exceed  two  hundred  dollars  in  value.  And  of  all 
■other  actions  and  proceedings  of  which  justices  of  the  peace  have  jurisdic- 
tion. They  have  appellate  jurisdiction  from  judgment  of  justice  of  the 
peace,  of  ten  dollars,  and  less  than  twenty-five.  The  county  judge  has 
jurisdiction  to  hold  inquests  upon  idiots  and  lunatics. 

County  Courts  have  jurisdiction  for  probate  of  wills  ;  gi'anting  and  revok- 
ing letters  testamentary  and  administiation ;  appointment  and  removal  of 
guardians;  settlement  of  accounts  of  fiduciaries  ;  in  cases  of  bastardy; 
division  of  land  ;  assignment  of  dower  ;  the  establishment,  alteration  or  dis- 
continuance of  ferries,  roads  and  pass-ways  ;  concerning  mills  and  dams 
built  across  water  courses. 

Justices^  Courts  have  jurisdiction  exclusive  of  the  circuit  court,  but  concur- 
rent with  the  quarterly  court,  of  all  actions  and  proceedings  for  the  recovery 
of  money  or  personal  property,  where  the  matter  in  controversy,  exclusive  of 
interest  and  costs,  does  not  exceed  fifty  dollars  in  value. 

Justices  of  the  peace  in  Jefferson  county,  have  jurisdiction  to  the  extent 
■of  one  hundred  dollars,  exclusive  of  interest  and  costs. 


Court  Calender.— 


UNITED  STATES  COURTS. 


A-isociale  Justice  Supreme  Court,  Stanley  Matthews,  of  Cincinnati,  Ohio.  Circuit 
Judge,  Howell  E.  Jackson,  of  Nashville,  Tenn.  District  Judge,  .lohn  W.  Barr,  of 
Louisville.  Attorney,  J.  Cripps  Wieklirte,  of  Louisville.  Clerks  of  Circuit  and  Dis- 
trict Courts  ;  at  Louisville,  Samuel  B.  Crail ;  at  Covington.  Jos.  C.  Finnell ;  at  Frank 
fort,  Thomas  B.  Ford  ;  at  Paducah,  John  R.  Puryear.  Marstiul,  A.  J.  Cross,  of  Louis- 
ville. 

Terms  of  Circuit  and  District  Courts  ;  at  Louisville,  3d  Monday   in   February,  1st 
Monday  in  October;  at  Paducah,  1st  Monday  in  April,  Sd  Monday  in  November:  at 
•Covington,  2d  Monday  in  May,  1st  Monday  in  December  ;  at  Fraiikford,  1st  Monday 
jn  January,  2d  Monday  in  June. 
[Ky.  6.] 


324 


KENTUCKY. 


STATE  COURTS. 


COURTS  OF  APPEALS. 


Chief  Justice,  Wm.  S.  Prj'or,  New  Castle.  Associate  Justices,  Caswell  Bennett,  of 
Rmithland  ;  William  H.  Holt,  of  Mt.  Stirling;  Joseph  H.  Lewis,  of  Glasgow.  Clerk,. 
Thomas  J.  Henry,  ot  Frankford  :  Attorney  General,  P.  W.  Hardin,  of  Harrodsburg. 

Megular  Terins,    1st  Mondays  in  January  and  .September. 

SUPERIOR  COURT. 

.TwcZgres,  James  H.  Bowden,  of  Russelville;  Jos.  Barbour,  of  New  Castle;  J.  Q.  A.. 
Ward,  of  Cynthiana.    Clerk,  Thomas  J.  Henry,  of  Frankfort. 
Terms,    Every  judicial  day  in  the  year,  except  during  July  and  August. 


CIRCUIT,  QUARTERLY  AND  COUNTY  COURTS. 

[Note.  Under  the  heading  •' Circuit  Court',  "  M"  stands  for  Monday  and  "TV 
for  Tuesday — the  numerals  indicating  what  Monday  or  Tuesday  of  the  month  is- 
intended.] 


County,       County  Court.  Circuit  Court 


Quarterly  Courts 


Adair Columbia  . 

Allen Scottsville  . 

Anderson  .  .  Lawrenceb"? 
Ballard  ....  Wickliffe  . 
Barren  ....  Glasgow  .   . 

Bath Owingsville 

Bell Piueville.   . 


Boone. .  . 
Bourbon 


.  Burlington 
.  Paris    .  .  . 


Boyd Catlettsburi 

Boyle Danville  .   . 

Bracken  .  .  .   Brooksville 
Breathitt .  .  .  Jackson  .  . 


Breckinrid] 
Bullitt.  .  . 
Butler.  .  . 

Caldwell  . 
Calloway  . 


Campbell .  .  -j  Alexandria 

Carlisle  ....  Bardwell .  . 
Carroll  ....  Car  rollton 

Carter Grayson  .  , 

Casey Liberty    .  , 


Christian 


Clarke 
Clay . . 


Clinton  .  .  . 
Crittenden  . 
Cumberland 
Davis* Oweusbofo . 

Edmondson  .  Brownsville 


Elliott  . 

Estill  .  . 
Fayette 


County  Court. 

Mon.  ea.  Mon. 
1  M  Sep.,  Mar.  4th  Mon.  Jan.,  Apr.  July,  Oct  1st,  ex  Mar. 
1  M  May, Nov.  3d  Mon.  Jan.  Apr.,  July,  Oct.  2d.    [&  Sep. 

1  M  June, Dec.  2d  Mon.  Feb,  May,  Aug.  Nov  3d. 

2  M  Apr.,  Oct.  None 3d. 

4  M  Mar.,  Sep.  4th  Mon.  Feb.  May, Aug.  Nov  1st. 
L'tM  AugFeb  4th  Mon.  Jan.  Apr.  July  Oct.  2d. 
3M  Feb.,  Aug.  Tues  after  2d  Mon.  in  Feb., 

May,  Aug.  Nov 2d.. 

2MA'r.lMO't  1st  Mon.  Mar.  June  Sept.  Dec.  1st. 

3  M  Apr.  Oct. 

2  M  Jan.  3d  Wed.  Mar.  June, Sept  Dec.  1st. 
1  M  June  Dec.  Tues.  after  4th  Mon.  in  Mar., 

June,  Sep.  Dec 4th.. 

3  M  Feb.  Sep.  4th  Mon.  Jan.  Apr.  July,  Oct.  3d. 
1  M  Apr.  Oct.    2d  Mon.  Mar.  June,  Sep.  Dec.  3d. 
Ms.  succeed- 
ing Lee  CirCt.  Tuesday  after  2d  Mon.  Mar., 

June,  Sep.,  Dec, 2d. 

1  M  Apr.  Oct.  4th  Mon.  Mar.  Jan.  Sep.  Dec.  3d,  ex  Apr: 
Shepherdsvi'e  3  M  May,  Nov  Tues.  after  3d  Mon.  Jan.  Apr.      &  Oct. 

Morgantown    4  M  Sep.,  1  M       July,  Oct 2d.   [&  Sep. 

Apr.  3d  Mon.  Mar.  June  Sep.  Dec.  2d,  ex  Apr. 

3  M  May  Nov  2d  Mon,  Jan.  Apr.  July,  Oct.    3d,  ex  Maj' 

4  M  May  Nov  Tues.after2dMon.  Mar.  June      [&  Nov. 
3  M  Feb  June      Sep.  Dec 4th. 

Oct 4th  Mon.  Mar.  June,  Sep.  Dec.  3d 

3MMar.,4M 

Nov.  Aug.  2d  Mon.  Jan.  Apr.  July  Oct.  Ist. 
1  M  Apr.  Oct 1st. 

1  M  Mar.  Sep.  4th  Mon.  Mar.  July,  Sep.  Dec.  3d. 

2  M  Mar.  Sep  Tues.  after  2d  Mon  Mar  June 
2  M  June,  3  M      Sept.  Dec 2d. 

Dec 3d  Mon.  Jan.  Apr.  July,  Oct.  4th. 

Hopkinsville    1  M  Mar.  Sep. 

July,  Jan.  4th  Mon.  Jan  Apr.July,  Oct.  1st. 
1  M  May  Nov.  Tues.  after  2d  Mon.  Jan.  Apr. 

July,  Oct. 4th,. 

2  M  Apr.  Oct.   Tuesday  after  1st  Mon.  Feb. 
May,  Aug.  Nov 1st.. 

3  M  June  Dec  2d  Mon.  Jan.,  Apr.  July  Oct.  1st. 
1  M  Dec. June  4th  Mon.  Jan.  Apr.  July,  Oct.  2d. 

1  M  June. Dec  Tuesday  after2d  Mon. in  Jan, 

IMMar.S'pt.,    April,  July,  Oct 2d 

3 M. Ian.  July  1st  Mon.  Feb.  May,Aug.Nov.  3d 

2  M  July, Dec  Tues.  after  1st  Mon.  Jan,  Apr 
July,  Oct 1st 


'e   Hardinsburg 


.  Princeton 
.  Murray .  . 

f  Newport . 

) 


Winchester  . 

.  Manchester 

.  Albany  .  . 
.  Marion  .  . 
Burksville  .  , 


r  Martinsburg  .  o  -vr  Tvr„-  a-nt    Tues.  after  3d  Mon.  Mar,June 

S'dv  Hook  P  O  "*  ^  ^'^'^•'^  P^-       .Sept.,    Dec 3d 

'.Irvine 1  M  Mar.S'pt.  2d  Mon.Feb.,May,  Aug.  Nov.  1st 

.Lexington.   .  3MMay,Nov. 

1  M  Feb.  .  .    1st  Mon.  Feb.  May,  Aug.  Nov  2d 
Fleming  .  .  .  Flcmingsbu'g  3MMay,Nov. 

FeD.,  Aug.  .   .3d  Mon.  Mar.  June,  Sept. Dec.  4th 

Floyd Prestonsburg.  3  M  Apr.,  Oct.  Tues.  after  2d  Mon.  in  Jan., 

Apr.,  July,  Oct 


2d 


*Jan  and  July  Terms  for  Penal  Cases  only  ;  Mar.  and  Sept.  Civil  Gases  only. 

[Ky.  7.1 


KENTUCKY. 


325 


Counli/. 
Franklin  . 


County  Court.  Circuit  Court. 


Quarlerly  Courts. 


Frankfort 


Fulton Hickman    .  . 

Ciallatin    .  .   .  Warsaw  .  .  . 

Garrard Lancaster  .  . 

Grant AVillianisfn  . 

Graves  ....  Mayfleld .  .  . , 
Grayson  .  .   .  .Lcitt-hfleld  .  . 

Green Greensburg  . , 

Greenup  .  .  .  Greenup, C.  H. 
Hancock  .  .  .  Hawesville  . 
Hardin  ....  Elizabeth'u  . 

Harlan Harlan,  C.  H, 


Harrison  .  , 
Hart  .... 
Henderson 


Henry  .  . . 
Hickman.  . 
Hopkins  . 
Jackson  .  , 

Jefferson . 

Jessamine. 
Johnson .  . 


Cynthiana.  . 

Munfordville 

.  Henderson  . , 


,  Newcastle  .  . 
.Clinton.  .  .  . 
Madisonville. 
.McKee  .  .  .  . 


IM  Feb..}  M 

June,  Oct .  . 

■i  M  Feb.  Aug. 

oMMar.  Spt. 

4  M  Jan.  Aug. 
i  M  May,  1  iM 

Dec  ...  . 
:}MApr.,  Oct. 
3M  Feb.  A  UK. 
,  3iM  Jan.  July 
4  :M  Feb.Aug. 
IM  May, Nov 
4  M  Oct.,  Apr. 

1  M  Feb.  .   . 
3  M. Sept  ,4M 

Mar 

1  M  :May,  2  M 

Dec 

1  M  Feb.,  T 
after  IM.Vug 

1  M  Jan.  Apr. 
July,  Oct.  .  . 
May  .... 

2  M  Apr.,  Oct. 
8  M  Mar.Sep. 
IM  Apr.,  Oct, 
1  M  May,  Nov 


County  Courf. 
Man.  ea.  Man. 


Louisville  .  .  IMea.  Month 

ex.  July, Aug 

,  Nicholasville  3M  Feb.  Aug. 

.Paintsville  .  .  3  M  May,  2  M 

Nov    .... 


f  Covington.  .  .  1  M  Jan.  Sep. 
T'^^f^r.  J  3M  iMav  .  . 

ivenion.  .  ,  .  -^  independence  1  M  Feb.  2  M 

I  Aug 

Knox Barbourville..  IM  Mar. Sep. 

Knott Hindman  .  .   IM  Dec. June 

Larue Hodgcnville  .  2  M  Apr.  4  M 

Sept 

Laurel   .  .  .  .London..  .  .  2^1  May, Nov 

Lawrence. .  .  .Louisa  ....  2  M  Feb.  Aug. 

Lee Beattvville  .  .  4  M  Sep.  Mar. 

Leslie Hyden  ....  1  M  Oct.,  1  M 

Apr 

Letcher Whitesburg  .  3  M  Nov.  May 

Lewis Vanceburg  .  .  2  M  June, Doc. 

Lincoln   .  .  .  .Stanford  .  .  . .  3  M  Mar..  4  M 

Oct 

Livingston  .  .  Smithland    . .  4  M  .Ian.  J  uly 

Logan Russellville  .  1  M  Jan.  July 

Lyon Eddyville  .   .  2  M  June,  Dec 

Madison  .  .  .  .Richmond  .  .  .  3  M  Mar.  Sep. 
Magoffin  .  .  .  Slayersville  .  3  M  Apr., Oct. 

Marion  ....  Lebanon  . .  .  .  3  M  Mnr.,  4  M 
Nov.2MJune 

Marshall.  .   .Benton 2  M  June. Dec-. 

Martin Eden(lnezpo)  4M  May,Nov. 

Mason Maysville. .  .  2  T  Apr.,  Oct., 

July,  Jan  . 

McCracken    .  .Paducah. .  .  .  I  M  Jan.  July 
McLean Calhoun.  .  .  4 M June, Dec. 

Meade Brandenburg  2  M  Mar.  Sep. 

JVIenilee  .  .  .  .Frenchburg  .  3M  May.  4M 
Nov  .... 

•IKy.  8.] 


2d  Mon.  Jan.,  Apr.,  July,  Oct.  1st 
4th  Mon.  Jan.  Apr.  July,  Oct.  2d 
Tues  after  3d  Mon.  Jan.  Apr.,         [«&  Sept. 

July,  Oct 3d.  2d  Mar. 

2d  Mon  .Jan.,  Apr.,  July,  Oct.  4th 

3d  Mon.  Jan.,  Apr.,  July,  Oct.  2d 

4th  Mon.  Mar  June,  Sep,  Dec.  3d  ex.  Apr. 

2d  Mon.  Mar.  June,  Sep,  Dec.  4th    [&  Oct. 

1st  Mon.Feb.  ^May,  Aug.  Nov.  3d 

3d  Mon.  Feb,  May,  Aug,  Nov.  1st 

2d  Mon.  Mar.  June,  Sep.  Dec.  4th 

1st  Mon.  Jan.  Apr.,  July,  Oct.  3d 

Tuesday  after  1st  Mon.  Jan., 
Apr.,  July,  Oct 1st 

Tues.  after  1st  Mon.  Jan. Apr. 
July,  Oct 4th 

3d  Mon.  iNIar.  June,  Sep.  Dec.  1st 

3d  Mon.  Feb.,  Nov.,  1st  Mon. 
3d  Tues.  after  1st  Mon.  Aug  .   4th 
2d  Mon.  Mar.  June,  Sep.  Dec.  1st 
3d  Mon.  Feb.  May,  Aug.  Nov.  1st 
1st  Tues.  Feb.  May, Aug.  Nov.  2d 
Tuesday  after  1st  Mon.  Mar., 
June,  Sept.,  Dec 1st 

None Continuous 

1st  Mon.  Feb.  May,  Aug.  Nov  3d 

Tuesday  after  2d  Mon.  Jan., 
Apr.,  July,  Oct 1st 

4th  Mon.  Feb.  May.Aug.  Nov.  4tli 

3d  Mon.  Jan.,  Apr.,  July,  Oct.  3d 
Thursday  after  1st  Mon. Jan., 

Apr.,  July,  Oct 4th 

Tuesday  after  3d  Mon.  ]Mar., 

June, Sept.,  Dec 3d 

2d  Mon.  Feb.  May,  Aug.  Nov.  4th,  3d.  Sep. 
Tuesday  after  2d  Mon.  Feb., 

May,  July,  Nov 2d 

Tui'sdav  after  3d  Mo'n.  Mar., 

June,  Sfi)t.,Dec 3d 

4th  Mon.  Mar.  June,  Sep. Dec.  4th 

Tuesday  after  3d  Mon.  Mar., 

June,  Sept.,  Dec 3d 

3d  Mon.  Jan.,  Apr.  July,  Oct.  1st 
2d  Mon.  Feb.  May, Aug.  Nov.  3d 

2d  Mon.  Mar.  June,  Sep.  Dec.  1st 
3d  Mon.  Jan.,  Apr.  July,  Oct.  1st 
1st  Mon.  ]Mar.  June,  Sep.  Dec.  1st  [&  Dec. 
2.1  Mon.  Jan.  Apr.  July,  Oct.  4thex.  J'ne 
4th  Mon.  Jan.  Apr.  July,  Oct.  1st  ex.  Aug. 
Tuesday  after  4th  Mon.  Mar.,  T.  af.  1st  M. 
June,  Sept.,  Dec 4th 

2d  Mon.  Feb.  Mav,  Aug.  Nov.  1st 
2d  Mon.  Feb.  May,  Aug.  Nov.  1st 
Tuesday  after  2d  Mon.  Mar., 
June,  Sept.,  Dec 2d 

Tuesday  after  2d  Mon.  Mar., 

.June,  Sept.,  Dec 2d 

1st  Mon.  Mar.  June,  Sep, Dec.  2d 

4th  Mon.  Feb,  May,Aug.Nov.  1st  ex.  Jan. 

&  July,2dM 

1st  Mon.  Mar.  June,  Sep.  Dec  1st,  2d  Mon 

Aug.  &  Oct. 

Tuesday  after  1st  Mon.  Mar., 

June,  Sept.,  Dec lst2dMAug 


326  KENTUCKY. 

(y>uiU}j.  County  Seat.       Circuit  Court.  Quarterly  Courts,       County  Courf^ 

Mon.  ea.  Mon'^ 

Mercer  .  .  .  .  Harrodsburg.  4  M  Apr.,  1  M 

Nov  ....   2a  Mon.  Jan.,  Apr.  July,  Oct.  1st 
Metcalfe  .'  .  .  .Edmonton    . ,  3  M  May.Nov  Tuesday  after  4th  Mon.  Jan., 

Apr.,  July,  Oct 4th 

Monroe Tompklnsvi'e  1  M  Jan.  July  1st  Tues.  Feb.  May,  Aug,  Nov  1st 

Montgomery  ..Mt.  (Sterling  .  1  M  June,Dec  Tuesday  after  3d  Mon.  Jan., 

Apr.,  July,  Oct od 

Morgan West  Liberty  1  M  Apr.,  Oct.  2d  Mon.  Mar.  June,  Sep.  Dec.  4th 

Mvihlenburg  .  Greenville.  .  .  2  M  Fcb.Aug.  3d  Mon.  Jan.,  Apr.  July,  Oct.,  Last  ex. 

Nelson Bardstown.  .  .  4  M  May,  3  M  Feb.  &  Aug, 

Oct.,  2  M  Feb.  1st  Mon.  Mar.,  Sept.,  Dec,  3d 

Mon.  June 2d 

Nicholas  .  .  .Carlisle  .  .  . .  Tafter  3MSep 

4  M  Mar  .   .   4th  Mon.  Jan.  Apr.  July,  Oct.  2d 

Ohio Hartford. .  .  .  4  M  May, Nov.  3d  Mon.  Jan.,  Apr.  July,  Oct.  1st 

Oldham LaGrange  .   .  1  M  Mar.  Sep.  4th  Mon.  Mar.  June,  Sep.  Dec  3d 

Owen Owenton    .  .  .  1  M  May, Nov  3d  Mon.  Jan.,  Apr.  July,  Oct.  4th 

Owsley Booneville    . .  4  M  Apr.,  Oct.  Tuesday  after  2d  Mon.  Jan., 

Apr.,  July,  Oct 2d 

Pendelton   .  .  Falmouth  .  .  3d  MApr.  2  M 

Nov  ....   4th  Mon.  Feb.  May,Aug.Nov.  1st.  [&  Nov_ 

Perry Hazard 1  M  May, Nov  2d  Tues.  Jan.,  Apr.  July,  Oct.  1st.  ex.May 

Pike Pikeville.  .  .  .  2  M  Apr.  Oct.  Tuesday  after  4th  Mon.  Mar., 

June,  Sept.,  Dec 4th 

Powell Stanton  ....  3dM  Mar.Sep.  2d  Mon.  Mar.  June,  Sep.  Dec.  1st 

Pulaski   .  .  .  .Somerset.  .  . .  3  M  Apr.,  1  M 

Oct 2d  Mon.  Feb.  May,  Aug.  Nov.  3d 

Robertson  .  .  .Mt.  Olivet .  .   4  M  Mar.  1  M 

Nov  ....    1st  Mon.  Jan.,  Apr.  July,  Oct.  3d 
Rockcastle  .  .  Mt.  Vernon  .  T  M  Jan.  Aug.  1st  Mon.  Jan.  Apr.  July,  Oct.  4th 
Rowan  ....  Morehead  .  .  T  afterlMFeb 

Aug.   .   .  .    1st  Mon.  Jan.,  Apr.  July,  Oct.  1st 
Russell ....  Jamestown   .  1  MDec,  4  M  [&  Dec, 

May  ....   3d  Mon.  Jan..  Apr.  July,  Oct.  3d,  ex.  May 

Scotl Georgetown  .  1  M  Mar.  Sep.  4th  Mon.  Mar.  June.Sep.  Dec.  3d 

Shelby  ....  Shelbyville    .  3  M  Mar.  Sep.  1st  Mon.  June,Dec.  Mar.  Sep.  2d 
Simpson  .  .  .  .Franklin. .  .  .  2  M  Mar.,  1  M 

Sept ....    1st  Mon.  Feb.  May, Aug.  Nov.  od       [Aug. 

Spencer Taylorsvllle  .  1 M  May,Nov.  3d  Mon.  Mar.  June,  Sep.  Dec.  1st.     2d  M_ 

Taylor   ....  Campbellsv'e  1  M  Jan.,  4  M 

June,2  M  Oct  2d  Mon.  Feb.  May,  Aug.  Nov.  1st 
Todd Elkton 1  M  May,  3  M 

Nov  ....   3d  Mon.  Mar.  June,  Sep.  Dec.  M 

Trigg Cadiz !4  MApr.,  Oct.  1st  Mon.  Jan.,  Apr.  July,  Oct.  2d 

Trimble Bedford..  .  .  4  MApr.,  Oct.  1st  Mon.  Mar.  June,  Sep.  Dec.  2d 

Union Morganfleld  .  4  M  Feb.  Aug.  3d  Mon.  Jan.,  Apr.  July,  Oct.  Ist 

Warren   .  .  .  .Bowli'gGreen  1  M  Feb.,  1  M  2d  Mon.  Jan.,  Apr.,  July,  1st 

June,  2  M  Oct      Mon.  Oct 4th 

Washington  .  Springfield  . .  4  M  Feb.,  1  M 

Sept.  .      .   3d  Mon.  Jan.,  Apr.,  July,  Oct.  4th 
Wayne  ....  Monti cella   . .  2  M  May,  3  M  [&  Nov.. 

Nov  ....    3d  Mon.  Mar.  June.  Sep.  Dec.  4th  ex.May 

Webster  .  .  .  .Dixon 2  M  May,Nov  1st  Mon.  Jan.  Apr.  July,  Oct.  3d 

Whitley  .  .  .  .Whitley  C.  H.  1  M  June.Dec  1st  Mon.  Jan.  Apr.  July,  Oct.  3d,  ex.  Dec, 

Wolfe Campton.  .  .  .  2  M  Jan.,July  Tuesday  after  1st  Mon.  Mar.,         [&  June 

June,  Sept.,  Dec 1st 

Woodford  .  .  .Versailles.  .  .  1  M  Apr.  Oct.  3d  Mon.  Feb.  May,  Abg.  Nov.  4th 

COMMON  PLEAS,  CRIMINAL  AND  CHANCERY  COURTS. 

County.         County  Seat,  Common  Pleas.  Criminal.  CJtancery, 

Ballard.  .  .  .Wickliffe..  .    3d  Mon.  Feb.,  Aug.  .  .  . 

Bath Owingsville.  .  1st  Mon.  May,  Nov.  .  .  . 

Bourbon  .  .   .  .Paris 3d  Mon.  Feb.,  May,  4th 

Mon.  Nov. 

Boyd Catlettsburg 2d  Mon.  May,  Nov, 

Bracken  .   .  .  .Hrookville 3d  Mon.  Mar.,  Oct .   3d  M.Apr., 

(Newport 4th    Mon.  Jan.,  3d  [Sept. 

Campbell    ..-{  Mon.  May,  Sept .    IstM.  Jan.,. 

(.\lexandria 1st  Mon.  June,  Dec.  [May,  Sep- 

Carlisle Bardwell.  .   . .  4th  Mon.  July,  Jan.  .  . . 

Carter Grayson 3d  Mon.  Apr.,  Oct. 

Clarke Winchester  .   4th  Mon.  Jan.,  June,  1st 

Mon.  Sept 

Fayette Lexington  ...  2d  Mon.  Jan.,  Apr.,  4th 

Mon.  Sept 

Floyd Prestonsburg 2d  Mon.  Mar.,  Sept. 

[Ky.  9.1! 


i 


KENTUCKY.  327 

Count}/.        County  Scat.  Common  Pleas.  f'rimiwil.  Cfioticert/. 

Franklin  .   .   .  Frankfort  .   .    1st  Mon.  May,  8il  Mon. 

Nov 

Crrant Williainst'wn  1st  Mon.  Mar.,  Sept.  .   . 

Oraves MayficM    .   .  .  ]st!Mon.  .Ian  ,. July  .   .  . 

Harrison  .   .   .  Cynthiana 1st  Mon.  Api-.,  Oct.  -'id  M.  May 

Hickman    .   .  .(.'linton  .   .   .  . -Itli  Mon.  May,  Nov.  .   .  (4tli.VINov 

.lefTcrson  .   .   .Louisville.   .    ("ontu's.  px.  July,  Aug.  Cont.     ex. 

.lossamino  .   .  .Nicholasvillc.  ."d  Mon.  May,  Oct.  .   .   .  [July,  Aug 

Johnson    .  .   .  Paint.svillc lUl  Mon.  af.  tcrniin. 

Kloyd  Crim.  Court 

(Covington ."d  .Mon.  Feb  ,  Aug., 

Kenton..   ..■;  Nov.,lstMou.May.  1st  M.June 

(independ'nce  Feh.,  ."id. 

I,awrenee.  .   ..Louisa Itli  Mon.  June,  Dec.        [.M.Oct. 

Livingston  .   .  Smithland.    .  I'd  Mon.  May,  Nov  .   .   . 
-Madison  .   .   .  .Richmond.  .  .  Jst  Mon.  .Ian.,  June,  8d. 

.Mon.  Oct 

Martin  .   .   .   .  Eden(Inez  po) ^Mon.  sue.  termina. 

Boyd  Crim.  Court 
Montgomery.  .Mt.  Sterling  .   3d  Mon.  Mar.,  Sept.  .  .  . 
McCi-acken.  .  .Paducah  .   .   .    2d  .Mon.  Mar.,  Sept.  .   ..  [2dM..\ug. 

Nicholas  .   .   .  Carlisle .   .  2dM.M'r.N'v 

I'endleton    .   .Falmouth 1st  Mon.  Mar.,  Sept.  1st  M.  Apr. 

Pike Pikeville Last  Mou.Feb.Aug.  [Oct. 

Ilobertson    .      Mt.  Olivet 3d    Mon.  Apr.,  2d. 

Mou.  Nov 

Scott Georgetown  .    1st  Mon.  June,  Dee  .  2d 

Monday  Oct.,  Equity 

business  f)nly 

Woodford  .  ..Versailles..  .    -llh  Mon.  Jan.,  8d  Mon. 

,Iune,    2d  Mon.    Nov. 

Equity  business  only. 

Curtesy. — Where  there  is  issue  of  the  marriage  bom  alive,  the  husband 
shall  have  an  estate  for  his  own  life,  in  all  the  real  estate  owned  or  pos.sessed 
by  the  wife,  at  the  time  of  her  death,  or  of  which  another  may  be  then  seized 
to  her  use.  Such  estates  shall,  however,  be  subject  to  the  debts  of  the  wife, 
whether  contracted  before  or  after  marriage. 

Deeds. — Deeds  executed  in  this  state  by  persons  other  than  married 
women,  may  be  admitted  to  record  ;  1st.  On  the  acknowledgment  before  the 
proper  clerk,  by  the  party  making  the  deed  ;  2d,  or  by  the  proof  of  two  sub- 
scribing witvesses,  or  by  the  proof  of  one  subscribing  witness,  who  shall  also 
prove  the  attestation  of  tlie  other ;  3d,  or  by  proof  of  two  witnesses,  that 
the  subscribing  witnesses  are  both  dead  ;  and  alsolike  proof  of  the  signature 
of  one  of  them,  and  of  the  grantor  ;  4tli,  or  by  like  proof  that  both  of  the 
subscribing  witnesses  are  out  of  the  state,  or  that  one  is  so  absent,  and  the 
other  is  dead  ;  and  also  like  proof  of  tlie  signature  of  one  of  the  witnesses 
and  of  the  grantor;  5tli,  or  on  the  certificate  of  the  clerk  of  a  county  court 
of  this  state,  that  the  same  had  been  acknowledged  orjiroved  before  him,  as 
required. 

Deeds  executed  out  of  the  state,  and  witliin  the  United  States,  by  persons 
other  than  married  women,  may  be  admitted  to  record  when  the  same  shall 
be  certified  under  his  seal  of  ottice,  by  the  clerk  of  a  court,  or  his  deputy,  or 
by  a  notary  jjublic,  mayor  of  a  city,  or  secretary  of  state,  or  commissioner, 
to  take  the  acktiowledgmcntsof  deeds  for  this  state,  or  by  a  judge  under  the 
seal  of  his  court,  to  have  been  acknowledged  or  proved  before  him,  in  the 
manner  hereby  recpiired. 

Deeds  executed  out  of  the  United  States,  by  persons  other  than  married 
women,  may  be  admitted  to  record  when  the  same  shall  be  certified  by  any 
foreign  minister  or  consul,  or  secretary  of  legation  of  the  United  States,  or 
by  the  secretary  of  foreign  aflfairs,  certified  under  his  seal  of  office  ;  or  the 
judge  of  a  superior  court  of  the  nations,  where  the  deed  shall  be  executed,  to 
liave  been  acknowledged  or  proved  before  him  in  the  manner  i)rescribed  by 
law. 

A  deed  of  a  married  woman,  to  he  effectual,  shall  be  acknowledged  before 
some  of  the  officers  heretofore  named,  and  lodged  in  the  proper  otfice  for 
record,  previous  to  such  acknowledgment,  it  shall  be  the  duty  of  the  officer 
[Ky.  10.]       . 


328  KENTUCKY. 

to  explain  to  her  the  contents  and  effects  of  the  deed,  separately  and  apart 
from  her  husband,  and  thereupon  if  she  freely  and  voluntarily  acknowledge 
the  same,  and  is  willing  for  it  to  be  recorded,  the  officer  shall  certify  the  same, 
when  the  acknowledgment  shall  be  taken  by  an  officer  of  this  state,  he  shall 
simply  certify  that  it  was  acknowledged  before  him,  and  when  it  was  done, 
which  shall  be  evidence  that  she  had  been  examined  sei^arately  and  apart 
from  her  husband,  and  the  contents  explained  to  her,  and  that  she  had  volun- 
tarily acknowledged  the  instrument  and  consented  that  it  should  be  recorded 
where  the  acknowledgment  shall  be  taken  by  an  officer  residing  out  of  this 
state,  the  same  shall  be  acknowledged  and  certified  to  the  ett'ect,  following ; 

Commonwealth  (or  kingdom,  etc.,)  of .     County  (or  town,  or  city, 

or  department,  or  parish,)  of ;  ss. 

I,  A.  B.,  (here  give  his  title),  do  certify  that  this  instrument  of  writing 
from  C.  D.  and  wife,  E.  F.,  (or  from  E.  F.,  wife  of  C.  D.,)  was  this  day  pro- 
duced to  me  by  the  parties,  and  the  contents  and  eftects  of  the  instrument 
being  explained  to  the  said  E.  F.,  by  me,  separately  and  apart  fi'om  her  hus- 
band, she  thereupon  declared  that  she  did  freely  and  voluntarily  execute  and 
deliver  the  same,  to  be  her  act  and  deed,  and  consented  that  the  same  might 
be  recorded. 

Given  under  my  hand  and  seal  of  office. 

[seal.]  a.  B. 

If  the  hiisband  joins  in  the  deed  with  his  wife,  and  acknowledges  it  before 
the  same  officer,  his  acknowledgment  may  be  certified  with  that  of  his  wife, 
immediately  succeeding  the  word  "parties"  thus,  "  which  was  acknowledged 
by  the  said  C.  D.,  to  be  his  act  and  deed." 

Corporations  execute  deeds  as  do  individuals,  except  they  must  be  signed 
and  acknowledged  by  the  chief  officer  of  the  corporation,  and  the  corporate 
seal  attached. 

No  deed  shall  be  held  to  be  legally  lodged  for  record  until  the  tax  be  paid 
thereon. 

Depositions. — Depositions  taken  in  this  state  to  be  used  in  its  courts  shall 
be  taken  before  an  examiner,  a  judge  or  clerk  of  a  court,  a  justice  of  the 
peace,  or  a  notary  public.  Depositions  taken  out  of  this  state',  to  be  used 
here,  may  be  taken  before  a  commissioner  appointed  by  the  governor  thereof, 
or  before  any  other  jierson  empowered  by  a  commission  directed  to  him,  by 
consent  of  parties,  or  by  order  of  the  court ;  or  before  a  judge  of  a  covirt,  a 
justice  of  the  peace,  mayor  of  a  city,  or  notary  public.  Depositions  to  be 
used  in  Kentucky,  shall  be  taken  upon  reasonable  notice  to  the  adverse 
party,  or  upon  interrogatories. 

The  notice  must  be  in  writing  signed  by  the  party  giving  it,  or  his  attor- 
ney, must  be  addressed  to  the  party  on  whom  it  is  to  be  sei-ved,  and  specify 
the  time  and  place  of  taking  the  deposition  and  the  action  or  proceeding  in 
which  it  is  to  be  used  and  must  also  state  the  name  of  the  proposed  witness, 
if  the  deposition  be  taken  out  of  the  county  where  the  court  sits,  unless  it  be 
taken  to  prove  a  law,  custom,  or  usage.  Deiiositions  may  be  taken  upon  in- 
terrogatories with  the  consent  of  parties  who  are  free  from  disability,  or  the 
consent  of  the  guardian,  curator,  committee,  or  husband  of  a  party  who  is 
under  disability. 

The  court,  on  motion  of  either  party,  may  permit,  or  require  depositions 
to  be  taken,  in  certain  cases,  on  interrogatories.  If  a  deposition  be  taken 
upon  interrogatories  neither  party,  nor  his  agent,  nor  attorney  shall  be 
present  at  the  examination  of  the  witness.  (Section  581  must  be  strictly  ob- 
served.) Tlie  interrogatories  shall  be  filed  in  the  clerk's  office.  The  caption 
thereof  shall  state  the  name  and  place  of  residence  of  the  witness.  Notice 
of  the  filing  thereof  shall  be  given  in  writing  to  the  opposite  party,  who  may 
file  cross-interrogatories,  until  a  commission  to  take  the  deposition  be  issued. 
If  no  cross-interrogatories  be  filed,  the  clerk  shall  file  the  following  : 

.      [Ky.  11.] 


KENTUCKY.  329 

1.  "What  is  your  age,  occupation  and  place  of  residence  ?  2,  Are  all  of 
your  statements  in  the  fore<;oing  answers  made  from  your  i^ersonal  knowl- 
edge? If  not,  whicli  of  them  are  made  from  information,  or  belief,  and 
what  is  the  source  of  your  information  or  the  foundation  of  your  belief'.' 
3.  Have  you  any  interest  in  tiiis  action  direct  or  indirect '?  If  any,  what  is 
it?  4.  Have  you  stated  all  you  know  concerning  this  action  '.*  If  not,  state 
what  you  have  omitted  ? 

The  officer  taking  the  deposition  should  be  very  careful  to  have  the  inter- 
rogatories filed  by  the  clerk,  answered  by  the  witness. 

No  commission  shall  issue  until  ten  daj's  after  notice  is  given  of  the  filing 
of  interrogatories,  unless  cross-interrogatories  be  sooner  filed.  The  state- 
ments of  the  witness  shall  be  written  by  him  in  the  presence  of  the  officer 
taking  the  deposition,  or  by  the  otficer  in  the  presence  of  the  witness. 

CAPTION. 

The  deposition  of  John  Smith,  taken  on  behalf  of  the  plaintiff,  on  the  1st 
■day  of  June,  1880,  at  the  office  of  John  Jones,  notary  public,  in  and  for  the 
county  of  Marion,  State  of  Indiana,  to  be  read  as  evidence  in  an  action  be- 
tween John  Doe,  plaintiff,  and  Richard  Roe,  defendant,  pending  in  the 
Marion  circuit  court.  The  said  John  Smith  having  been  first  duly  sworn, 
deposes  as  follows  : 

Certificate  of  Examining   Officer. 
State  of  Indiana.         ? 


County  of  Marion.    S 


ss. 


T,  John  Jones,  notary  public  in  and  for  the  county  and  state  aforesaid,  cer- 
tify that  the  above  and  foregoing  deposition  of  John  Smith  was  taken  before 
me,  at  the  time  and  place  stated  in  the  caption  upon  the  notice  hereto  at- 
tached, that  the  said  witness  w^as  duly  sworn  before  giving  it,  that  it  was 
(written  and  subscribed  by  him  in  my  presence,  or)  written  by  me  in  his 
presence,  and  read  to  and  subscribed  by  him  in  my  presence.  Neither  party 
was  present,  in  person,  or  by  agent  or  attorney  (or  if  either  or  both  parties 
attended  at  the  taking  of  the  deposition  state  the  fact.) 

Depositions  taken  upon  interrogatories  should  have  the  same  form  of  cap- 
tion and  certificate  as  above,  except  the  word  "interrogatory"  should  be 
substituted  for  tlie  word  "notice,"  wherever  it  occurs. 

AVhen  the  dept)sition  is  completed,  it  with  the  notice,  or  interrogatories  at- 
tached, should  be  delivered  or  sent,  postage  prepaid,  by  mail  or  by  priyate 
conveyance  to  the  clerk  of  the  court  in  which  the  action  is  pending,  in  a 
sealed  envelope,  directed  to  such  clerk,  with  an  endorsement  showing  the 
style  of  the  action  and  that  it  contains  depositions.  If  sent  by  private  con- 
veyance, the  person  by  whom  it  is  sent  must  make  oath  before  the  clerk  to 
whom  it  is  delivered  that  it  has  not  been  opened  by  him  or  any  person  in  its 
transit.  The  continuances,  if  any,  should  be  noted  by  the  officer  as  they  oc- 
cur, and  should  not  be  longer  than  from  day  to  day,  Sunday  excepted. 

Descent  and  Distribution. — When  a  person  having  right  or  title  to  real 
estate  of  inlieritance  shall  die  intestate  as  to  such  estate  it  shall  descend  in 
parcenary  to  his  kindred,  male  and  female,  in  the  following  order,  to-wit  : 

1st.  To  his  children  and  their  descendant,  if  none,  then,  2d.  To  his  father 
and  mother,  if  both  are  living,  one  moiety  to  each  ;  but  if  the  father  be 
dead,  then  the  mother  if  living,  shall  inherit  one  moiety,  the  other  moiety 
shall  descend  to  the  brothers  and  sisters  and  their  descendants,  if  the  mother 
be  dead,  then  the  whole  estate  shall  pass  to  the  father.  If  no  father  and 
mother,  then  3d.  To  his  brothers  and  sisters  and  their  descendants.  If 
none,  then  4th.  One  moiety  shall  pass  to  the  paternal,  the  other  to  the  ma- 
ternal kindred  in  the  following  order  :  5th.  First,  to  the  grandfather  and 
grandmother  equally  if  living,  but  if  one  be  dead  then  the  entire  moiety 
[Ky.  12.] 


330  KENTUCKY. 

shall  go  to  the  survivor.  If  no  grandfather  or  grandmother,  then  6th.  To 
the  uncles  and  aunts  and  their  descendants.  If  none,  then  7th.  To  the 
great  grandfather,  and  great  grandmothei-,  in  the  same  maimer  prescribed 
for  grandfather  and  grandmother  in  snb-section  five.  If  none,  then  8th. 
To  the  brothers  and  sisters  of  the  grandfathers  and  grandmothers  and  their 
descendants,  and  so  on  ■with  other  cases  without  end,  j^assing  to  the  nearest 
lineal  ancestors  and  tlieir  descendants  as  herein  prescribed.  9th.  If  there  is 
no  such  kindred  to  one  of  the  parent,  the  whole  shall  go  to  the  kindred  of  tlie 
other.  If  there  is  neither  paternal  nor  maternal  kindred  the  whole  .shall  go 
to  the  husband  or  wife  of  the  intestate,  or  if  tlie  husband  or  wife  is  dead  to 
his  or  her  kindred,  as  if  he  or  she  had  survived  the  intestate,  and  died  en- 
titled to  the  estate.  When  a  person  dies  intestate  without  issue,  having  real 
estate  of  inhei'itance,  the  gift  of  either  of  his  parents,  such  ])arents  if  living, 
shall  inherit  tlie  whole  of  such  estate.  If  an  infant  dies  without  issue,  hav- 
ing title  to  real  estate  derived  by  gift,  devise,  or  descent  from  one  of  his  par- 
ents, the  whole  shall  descend  to  that  parent  and  his  or  her  kindred,  as  heie- 
inbefore  directed,  if  there  is  any  ;  if  there  is  none,  then  in  like  maimer  to  the 
other  parent  and  his  or  her  kindred ;  but  the  kindred  of  one  shall  not  be  ex- 
chuled  by  the  kindred  of  the  other  i)arent,  if  the  latter  is  more  remote  than 
the  grandfather,  grandmother,  uncle  or  annt  of  the  intestate  and  their  de- 
scendants. Collaterals  of  the  half  blood  inherit  only  half  as  much  as  those 
of  the  whole  blood,  or  as  ascending  kindred  when  they  take  with  either.  In 
making  title  by  decent,  it  shall  be  no  bar  to  a  party  that  any  ancestor  to  whom 
he  derives  his  descent  from  the  intestate  is  or  has  been  an  alien.  Bastards 
shall  be  capable  of  inheriting  and  transmitting  an  inheritance  on  the  part  of,, 
or  to  the  mother  ;  and  bastards  of  the  same  mother  shall  be  capable  of  in- 
heriting and  transmitting  an  inheritance  on  the  part  of  each  other  as  if  such 
bastards  were  born  in  lawful  wedlock  of  the  same  parents.  If  a  man  having 
a  child  by  a  woman,  shall  afterwards  marry  her,  such  child  or  its  descend- 
ants, if  recognized  by  him  before  or  after  marriage,  shall  be  deemed  legiti- 
mate. A  child  born  of  his  widow  within  ten  months  after  the  death  of  the 
intestate,  shall  inherit  from  him  in  the  same  manner  as  if  he  were  in  being  at 
the  time  of  such  death.  1.  The  personal  estate  of  an  infant  shall  be  dis- 
tributed as  if  he  had  died  of  age.  2.  An  alien  may  be  a  distributee  as 
though  he  were  a  citizen.  3.  The  husband  shall  have  the  whole  surplus  of 
a  deceased  wife's  personal  estate.  4.  If  the  intestate  leaves  issue,  his  widow 
shall  have  one-third,  and  if  no  issue,  one-half  of  such  surplus. 

Divorce  may  be  granted  to  both  husband  and  wife,  for  such  impotency  of 
malformation  as  to  prevent  sexual  intercourse  ;  2d.  Living  apart  without  any 
cohabitation  for  five  consecutive  years  next  before  the  application.  Also  to 
the  party  not  in  fault,  for  the  following  causes  ;  1st.  Abandonment  of  one 
party  of  the  other  for  one  year  ;  2d.  Living  in  adultery  with  another  man  or 
woman  ;  8d.  Condemnation  for  felony  in  or  out  of  the  state  ;  4th.  Conceal- 
ment from  the  other  party  of  any  loathsome  disease,  existing  at  the  time  of 
marriage,  or  contracting  not  such  afterwards  ;  5th.  Forced  duress  or  fraud  in 
obtaining  the  marriage  ;  (Jth.  Uniting  with  any  religious  society  whose  creed 
and  rules  rec^uire  a  renunciation  of  the  marriage  covenant,  or  forbid  husband 
or  wife  from  cohabiting  ;  Also  to  the  wife,  when  not  in  like  fault,  for  tlie  fol- 
lowing causes  ;  1st.  Confirmed  habit  of  drunkenness  on  the  part  of  the  hus- 
band, of  not  less  than  one  year's  duration,  accompanied  by  a  wasting  of  his 
estate,  and  without  any  suitable  provisions  for  the  maintenance  of  his  wife 
and  children  ;  2d.  Habitually  behaving  towards  her  husband,  for  not  less 
than  six  mouths,  in  such  cruel  and  inhuman  manner  as  to  indicate  a  settled 
aversion  to  her,  or  to  destroy  permanently  her  peace  or  happiness  ;  3d.  Such 
cruel  beating  or  injury,  or  attempted  injury  of  the  wife  by  the  husband,  as 
indicates  an  outrageous  temper  in  him  or  probable  danger  to  her  life,  or  great 
bodily  injury  from  her  remaining  with  him.  Also  to  the  husband  for  the  fol- 
lowing causes  ;  1st.  Where  the  wife  is  ju-egnant  with  another  man  without 
the  husband's  knowledge  at  the  time  of  marriage  .  3d.  Adultery  by  the  wife 

[Ky.  13.] 


KENTUCKY.  331 

or  such  lewd,  assidufnis  behavior  on  her  part,  as  to  prove  her  bo  to  iiuchastcr 
without  actual  proof  of  any  adultery.  A  judgment  of  divorce  autliorize> 
either  party  to  marry  again.  Courts  having  general  equitable  jurisdiction 
may  grant  divorces.  Ko  jury  trial  is  i)ennitted.  An  action  for  divorce  must 
be  brought  in  the  county  -where  the  wife  usually  resides.  If  she  has  an  actual 
residence  in  the  state,  if  not,  then  in  the  county  of  tlio  husband's  residence. 
And  such  action  sliall  ii(»t  be  brought  by  one  wlio  lias  not  been  a  continuous 
resident  of  this  state  for  a  year  next  before  its  institution.  Nor  unless  the 
party  complaining  had  an  actual  residence  here  at  the  time  of  the  doing  of" 
the  act  complained  of;  nor  sliall  a  divon^e  l)e  gi-anted  for  anything  done  out 
of  the  state,  unless  it  was  also  a  cause  of  divorce  in1>y  thelawof  tlie  country 
where  the  act  was  done.  An  action  for  divorce  must  be  brought  within  five 
years  next  after  the  doing  of  tlie  act  complained  of.  Upon  final  judgment 
from  the  bond  of  matrimony,  the  party  shall  be  restored  such  property  not 
disposed  of  at  the  commencement  of  the  action,  as  either  obtained  from  or 
through  the  other  before  or  during  the  marriage,  in  consideraticm  thereof.  If 
the  wife  have  not  sufficient  estate  of  her  own,  she  may,  on  a  divorce  obtained 
by  her,  have  such  allowance  out  of  that  of  her  husband,  as  shall  be  deemed 
equitable,  and  pending  the  action  for  divorce,  the  court  may  allow  the  wife 
maintenance. 

Dower. — After  the  death  of  the  husband,  the  wife  shall  be  endowed  for 
her  life,  of  one-third  of  the  real  estate  of  which  her  husband,  or  any  one  for 
his  use,  w^as  seized  of  an  estate  in  fee  sim])le,  at  any  time  during  the  cover- 
ture, unless  her  right  to  such  dower  shall  have  been  forfeited,  barred  or  re- 
linquished. The  wife  is  entitled  to  one-third  of  the  rents  and  profits  of  her 
husband's  dowable  real  estate,  from  the  time  of  his  death  until  dower  is  as- 
signed her  ;  and  she  may  hold  a  mansion  house,  yard,  garden  and  stable, 
and  lot  on  which  it  stands,  and  an  orchard,  without  charge  therefor,  initil- 
dower  is  assigned  her.  A  widow's  dower  is  not  barred  by  the  sale  of  the  hus- 
band's land,  under  execution.  A  widow  may,  within  twelve  months  after  the 
probate  of  her  husband's  will,  renounce  its  provisions,  and  have  her  dowable 
and  distributable  share  of  his  estate  set  apart  to  her,  as  if  there  had  been  no 
will. 

Evidence. — (See  Testimony.} 

Executions. — An  execution  or  writ  of  fieri  facias  may  issue  from  the  courts 
of  justices  of  the  peace,  county  courts,  and  circuit  courts,  withm  ten  days  ^ 
from  the  Louisville  chancery  court,  in  fifteen  days  after  the  judgment,  re- 
turnable on  a  rule  day,  not  under  thirty  nor  over  seventy  daj's  from  the  test, 
and  binds  the  estate  of  a  defendant  only  from  the  time  they  are  delivered  to- 
the  proper  officer  to  be  executed.  Executions  from  justices  of  the  jieace  are 
against  personalty  only. 

Exemptions. — The  following  property  shall  be  exempt  from  execution,  at- 
tachment, distress,  or  fee  bill,  viz.;  Two  work  beasts,  or  one  work  beast  and 
one  yoke  of  oxen  ;  tlie  work  beast  not  to  be  of  greater  value  than  one  hun- 
dred and  fifty  dollars  ;  two  plows  and  gear  ;  one  wagon  and  set  of  gear,  or 
cart,  or  dray,  two  axes,  three  hoes,  one  spade,  one  shovel,  two  cows  and 
calves,  of  not  greater  value  than  $120  ;  beds  and  liedding,  and  furniture  .suffi- 
cient for  family  use  ;  one  loom  and  spinning  wheel,  and  pair  of  cards  ;  all  the 
spun  yarn  and  manufactured  cloth,  manufactured  by  the  family  nece.ssary 
for  family  use  ;  caq^eting  for  all  the  family  rooms  in  use  ;  one  table  ;  all  books 
not  exceeding  in  value  $50.  Two  saddles  and  their  appendages,  two  bridles, 
six  chairs,  or  so  many  as  shall  not  exceed  $10  in  value;  one  cradle,  all  the 
poultry  on  hand  ;  ten  head  of  sheep,  not  to  exceed  $25  in  value  ;  all  wearing 
appatel ;  sufficient  provisions,  including  bread  stuff  and  animal  food  to  sus- 
tain the  family  for  one  year  ;  if  not  on  hand,  other  personal  jiroperty,  money 
or  growing  crops,  not  to  exceed  $40  in  value,  for  each  member  of  the  family  ;• 
provender  suitable  for  live  stock,  if  there  be  any  such  stock,  not  to  exceed; 
[Ky.  14.] 


332  KENTUCKY. 

■$70  in  value.  And  if  such  property  be  not  on  hand,  such  othei'  property  as 
■shall  not  exceed  such  sum  in  value  ;  all  arms,  ammunition,  and  equipments 
■or  a  militia  man  ;  one  sewing  machine,  and  all  family  portraits  and  pictures  ; 
•one  cooking  stove  and  appendages  ;  and  other  cooking  utensils  not  to  exceed 
$25  in  value. 

The  tools  of  any  mechanic,  not  exceeding  $100  in  value,  are  exempt,  pro- 
vided however,  a  mechanic  who  claims  the  benefit  of  this  exemption  shall 
have  but  one  work  beast  exempt  in  his  favor.  The  libraries  of  all  ministers 
•of  the  gospel,  and  the  professional  libraries  of  attorneys  at  law  ;  the  pi'ofes- 
:  sional  libraries  of  physicians  and  surgeons,  not  to  exceed  in  value  $500  shall 
be  exempt  from  execution  of  attachment,  distress  for  rent  or  fee  bills,  pro- 
vided that  such  ministers,lawyers,  physicians,  and  surgeons,  shall  be  entitled 
to  one  work  beast,  and  no  wagon,  cart,  or  dray,  and  must  have  a  family.  The 
wages  not  to  exceed  $50,  of  all  persons  with  a  family  who  work  for  wages, 
shall  be  exempt  from  execution,  provided  that  the  exemption  of  $50,  shall 
not  apply  to  food,  raiment,  or  house  rent  for  the  family.  The  foregoing  ex- 
emptions apply  to  all  debts  contracted  subsequently  to  June  1st,  1886.  In 
;addition  to  the  personal  property  exempt  from  execution  by  this  chapter, 
there  shall  be  exempt  from  sale  under  execution,  attachment  or  judgment  of 
any  court,  except  to  foreclose  a  mortgage  given  by  the  owner  of  the  home- 
stead, or  for  purchase  money  due  therefor,  so  much  land,  including  dwelling- 
house  or  appvirtenances  owned  by  the  debtor,  as  shall  not  exceed  in  value 
$1000.  This  exemption  applies  to  all  debts  or  liabilities  created  or  incurred 
after  the  1st  day  of  June,  186G. 

False  Pretense. — Any  person  who  shall,  by  any  false  pretense,  statement 
•or  token,  witli  intention  to  commit  a  fraud,  obtain  from  another  money,  pro- 
perty or  other  things  which  may  be  the  subject  of  larceny,  or  who  shall 
obtain  by  any  false  pretense,  statement  or  token,  with  like  intention,  the 
-signature  of  another  to  a  writing,  the  false  making  whereof,  would  be  forg- 
•ery,  or  who  shall  falsely  and  fraudulently  represent  or  personate  anotlier  and 
in  such  assumed  cliaracter,  shall  deceitfully  receive  any  money  or  valuable 
property  of  any  description,  intended  to  be  delivered  to  the  individual  so 
personated,  with  purpose  to  appropriate  the  same  to  his  own  use,  such  per- 
son shall  be  confined  in  the  penitentiary  not  less  than  one  nor  more  than  five 
jears. 

Garnishment. — After  an  execution  is  returned  by  the  proper  officer, no  pro- 
perty found  to  satisfy  the  same  in  whole  or  in  part,  the  plaintiff  may  insti- 
tute an  equitable  action  for  the  discovery  of  any  money,  chose  in  action,  and 
all  other  projjerty,  to  whicli  the  defendant  is  entitled,  and  for  subjecting  the 
same  to  the  satisfaction  of  the  judgment,  and  in  such  actions  persons  in- 
debted to  tlie  defendant,  or  holding  money  or  property  in  which  he  has  an 
interest,  or  holding  evidences  or  securities  for  the  same,  may  be  also  made 
•defendants.  In  such  action  the  plaintiff  may  have  an  attachment  against  the 
property  of  the  defendant  without  affidavit  or  bond.  The  court  shall  en- 
force the  surrender  of  the  money  or  securities  tlierefor,  or  any  other  property 
of  tlie  defendant  wliich  may  be  discovered  in  the  action,  and  for  this  purpose 
may  commit  to  jail  any  defendant  or  garnishee  failing  or  refusing  to  make 
sucli  surrender  until  it  shall  be  done,  or  until  the  court  be  satisfied  that  it  is 
out  of  his  power  to  do  so. 

Grace. — (>''^<'e  Bills  «f  Exchonac  and  Promissory  Notes.) 

Homestead, — i^ee   Exemptions.) 

• 

Insolvent  Laws  and  Assignments. — Deeds  of  assignment  are  acknowl- 
edged, filed  and  recorded  as  ;u\\  other  deeds.  The  assignee  or  trustee  named 
an  the  deed  shall  not,  in  any  wise,  proceed  to  execute  the  trust  until  he  shall 

[Ky.  15.] 


KENTUCKY.  335 

appear  in  the  county  court  wherein  the  deed  is  recorded  and  take  the  proper- 
oath  and  make  the  required  bond.  Within  sixty  days  after  his  qualification^ 
such  trustee  or  assignee  sliall  return,  under  oatli,  to  the  county  court  in 
■which  he  qualified,  an  inventory  of  all  that  has  come  to  his  hands,  and  with- 
in two  years  from  the  time  aforesaid,  he  shall  return  to  said  court  a  report 
of  all  sales.  The  settlement  of  assigned  estates  should  be  made  in  a  court 
of  equity.  Property  exempt  from  execution  is  also  exempt  from  assign- 
ment. Notice  to  prove  claims  is  given  by  publication  in  a  newspaper.  Claims 
may  be  proved  at  any  time  before  final  distribution  is  made.  The  court 
should  make  distribution  of  assets  on  hand  from  time  to  time.  Upon  the 
petition  of  any  one  interested,  filed  within  six  montlis  after  any  sale,  mort- 
gage, or  assignment  is  made,  or  judgment  suffered,  or  any  act  or  device  done 
or  resorted  to  by  a  debtor,  in  contemplation  of  insolvency  or  with  the  design 
to  prefer  one  or  more  creditors,  a  court  of  equity  will  adjudge  the  same  to 
operate  as  a  general  assignment  and  inure  to  the  benefit  of  all  the  creditors 
of  such  debtor,  except  that  all  debts  due  as  guardian,  administrator  or  exe- 
cutor, or  as  trustee,  if  the  trust  be  created  by  deed  duly  recorded,  shall  have 
priority. 

Interest  and  Usury. — Legal  rate  of  interest  is  six  per  cent;  Contracts- 
for  greater  rates  are  void  for  the  excess  only.  If  the  principal  and  legal  in- 
terest is  tendered  before  the  suit  is  brought  and  refused,  the  lender  shall  pay 
the  costs  of  the  suit.  Ten  jier  cent,  was  legal  interest  from  September  1st, 
1871  to  September  1st,  1876.  Eight  per  cent,  was  legal  from  September  1st, 
1876  to  April  1st,  1878.  Judgments  bear  interest  at  the  rate  of  six  per  cent., 
but  can  bear  a  greater  rate  if  contracted  for  until  the  debt  is  paid,  provided 
the  rate  contracted  for  was  lawful  at  the  time  of  the  contract.  In  the  ab- 
sence of  contract  debts  bear  interest  at  the  rate  of  six  per  cent,  after  ma- 
turity, judgments  thereon  bear  same  rate.  * 

Judgments. — Foreign  judgments  must  be  proved  according  to  the  acts  of 
Congress,  by  certificate  of  judge  and  clerk,  etc.  Judgments  are  not  liens 
upon  the  estate  of  defendants. 

Liens. — Attorneys  at  law  have  a  lien  upon  any  choses  of  action,  account, 
or  other  claim,  or  demand,  put  into  his  or  their  hands  for  suit  or  collection, 
and  also  have  a  lien  upon  the  judgment  for  money  or  property,  either  per- 
sonal or  real,  which  may  be  recovered  in  any  action  wherein  he  was  em- 
ployed by  the  plaintiff  or  defendant ;  for  the  amount  of  any  fee  which  may 
have  been  agreed  upon  by  the  parties  or  in  the  absence  of  any  such  agree- 
ment for  a  fair  and  reasonable  fee  for  his  or  their  services,  but  the  attorney's- 
lien  is  subject  and  inferior  to  the  legal  cost.  But  the  stipulation  on  a  mort- 
gage for  the  payment  by  a  mortgagor  of  an  attorney's  fee  in  case  of  a  suit 
cannot  be  recovered. 

Meclianica  and  viaterial  men  have  a  lien,  dating  from  the  commencement  of. 
the  work  upon  the  improvements  and  the  interests  of  the  employer  in  the 
land  for  work  done  and  materials  furnished.  If  the  labor  is  performed  or 
materials  furnished  to  a  contractor  or  sub-contractor  no  lien  shall  attach  the 
same  unless  m^tice  in  writing  is  given  to  the  owner  that  a  lien  will  be 
claimed.  The  limitation  upt)n  a  mechanic's  lien  is  12  months  from  the  day 
of  filing  the  account  in  tlie  clerk's  office.  It  may  be  enforced  by  suit  in 
equity  by  any  one  holding  such  lien,  and  all  others  may  file  and  prove  their 
claims  without  pleading.  But  a  mechanic  or  material  man  loses  his  lien 
unless  he  files  astatementiof  the  amount  due  him  with  all  just  credits  and. 
set^ofi's  known  to  him,  together  with  a  description  of  the  property  intended 
to  be  covered  by  tlie  lien,  sufficiently  accurate  to  identify  it,  in  the  office  of 
the  clerk  of  the  county  court  of  the  county  in  whii'h  such  building  or  im- 
provement is  situated  within  sixty  days  after  he  ceases  to  labor  or  furnish 
materials  as  aforesaid;  Landlord  shall  have  a  superior  lien  upon  the  produce 
of  the  farm  or  premises  rented,  on  the  fixtures,  on  the  household  furniture 
[Ky.  16.] 


5H4  KENTUCKY. 

«ul  the  tenant  or  under-tenant  owned  by  liim  after  possession  is  taken  of  the 
lease,  but  such  lien  shall  not  be  for  more  than  one  year's  rent,  due  or  to  be- 
come due,  nor  for  any  rent  which  has  been  due  for  more  than  one  hundred 
and  twenty  days.  But  if  any  such  property  be  removed,  openly,  from  the 
leased  premises  and  without  fraudulent  intent  and  not  returned,  the  lien  of 
the  landlord  shall  be  lost  as  to  it  unless  the  same  be  arrested  by  proper 
procedure  within  fifteen  days  from  the  date  of  removal. 

When  any  real  estate  shall  be  conveyed  and  the  consideration  or  any  part 
thereof  remains  unpaid,  the  grantor  shall  have  a  lien  for  the  same  against 
'honafide  creditors  and  purchasers  if  it  is  stated  in  the  deed  what  part  of  the 
consideration  remains  unpaid.  When  the  defendant  in  an  execution  owns 
the  legal  title  to  land  «nicunibered  by  lien  to  the  purchase  money  or  who 
shall  own  the  legal  title  to  any  real  or  i>ersonal  estate,  and  shall  create  a  bona 
_Jide  encumbrance  thereon  by  mortgage,  deed  of  trust,  or  otherwise,  before 
an  execution  has  created  a  lien  on  the  same,  the  interest  of  the  defendants  in 
^uch  property  may  be  levied  on  and  sold  svibject  to  such  encumbrances.  The 
purchaser  at  the  sale  shall  acquire  a  lien  on  such  property  for  the  purchase 
money  and  interest  at  the  late  of  ten  per  cent,  per  annum,  from  the  day  of 
.sale  until  paid,  subject  to  the  prior  encumbrances. 

By  act  of  May  4th,  1880,  the  property  of  rolling  mills,  foundries  and  other 
manufacturing  establishments  is  made  subject  to  lien  in  favor  of  laboring 
men  employed  in  such  foundries,  rolling  mills  and  other  manufacturing  es- 
tablishments for  their  wages  due  within  sixty  days  before  the  assignment  of 
-the  property  or  such  establishment  for  any  purpose. 

Limitations. — Civil  actions  other  than  those  for  the  recovery  of  real  prop- 
-erty,  sliall  be  commenced  w  ithin  the  following  periods  after  tlje  sause  of  ac- 
tion accrued,  and  not(0.fter ;  Actions  upon  a  judgment  or  decree  of  any  court, 
within  fifteen  years  ;  the  time  to  be  computed  from  the  date  of  the  last  exe- 
cution thereon  ;  also  actions  upon  written  contracts  and  official  bonds  ;  also 
-actions  for  the  recovery  of  real  estate,  and  no  disability  whatever  can  extend 
the  time  longer  than  thirty  years  for  bringing  an  action  to  recover  real  es- 
tate. An  action  upon  a  contract,  not  in  w^riting,  expressed  or  implied  ;  an 
action  upon  a  liability  created  by  statute,  when  no  other  time  is  created  by 
.statute  fixing  the  liability  ;  an  action  for  trespass  on  real  or  personal  prop- 
-<!rt,y  ;  an  action  for  the  profits  or  damages  for  withholding  real  or  personal 
l)roperty ;  actions  for  the  taking,  retaining,  or  injixring  personal  property, 
including  actions  for  the  specific  recovery  thereof ;  an  action  upon  a  bill  of 
i'xchange,  check,  draft,  or  order,  or  any  endorsement  thereof,  or  upon  a  pro- 
missory note  placed  upon  the  footing  of  a  bill  of  exchange  ;  an  action  upon 
;an  account  concerning  trade  or  merchandise,  between  merchant  and  mer- 
chant, or  their  agent ;  and  an  action  for  relief  on  the  ground  of  fraud  or  mis- 
take, must  be  brought  within  five  years  next  after  the  cause  of  action  accrued. 

An  action  for  an  injury  to  the  person  of  the  plaintiff",  his  wife,  child,  ward, 
-apprentice  or  servant,  or  for  injuries  to  person,  cattle  or  stock,  by  railroads, 
or  by  any  company  or  corporation  ;  an  action  for  malicious  ])rosecution,  con- 
spiracy, arrest,  tieduction,  criminal  conversation,  or  breach  of  promise  of 
marriage,  or  an  action  for  libel  and  slander,  must  be  brought  within  one  year 
next  after  the  cause  of  action  accrued.  An  action  upon  a  merchant's  account 
for  goods,  wares,  or  merchandise,  sold  and  delivered,  shall  be  commenced 
within  two  years  next  after  the  cause  of  action  accrued.  In  every  such  ac- 
tion upon  merchant's  accounts  as  last  above  described,  the  limitation  shall 
be  (iomputed  from  the  1st  day  of  January  next,  succeeding  the  respective 
-dates  of  tlie  delivery  of  the  articles  charged  in  tlie  account. 

A  suit  may  be  brought  upon  a  new  promise,  either  expressed  or  implied, 
to  pay  a  debt  which  is  barred  by  the  statute  of  limitation. 

Married  Women. — A  marri(;d  woman's  real  estate,  and  the  rents  and  pro- 
fits thereof,  shall  not  be  liable  for  any  debts  or  responsibilities  of  her  hus- 
band, l)ut  shall  be  liable  for  her  debts  and  responsibilities  contracted  before 

[Ky.  17.] 


KENTUCKY.  835 

■marriage,  and  for  such  contracted  after  marriage,  on  account  of  necessaries 
for  herself  and  family,  her  husl)and  inchuled,  as  shall  be  evidenced  hy  writ- 
ing signed  by  her.  iVIarriage  gives  to  the  husband,  during  the  life  of  the 
wife,  no  interest  or  estate  in  the  wife's  real  estate,  including  chattels,  real, 
owned  at  the  time  or  actjuired  by  her  after  marriage,  except  the  use  thereof, 
with  power  to  rent  the  real  estate  for  not  more  than  tliree  years  at  a  time, 
and  receive  tlie  rent.  The  husband's  contingent  right  of  curtesy  or  life  es- 
tate, or  his  right  to  the  use  or  the  rent  thereof,  shall  not  be  sold  for,  or  other- 
wise subji-cted  to  the  payment  of  any  separate  debt  or  resiwnsibility  of  his, 
during  her  life. 

Where  the  husband  abandons  the  wife  or  fails  to  make  sufficient  provision 
for  her  maintenan(;e,  or  where  he  is  confined  in  the  penitentiary  for  an  unex- 
pired term  of  more  than  one  year,  she  may,  by  action  in  equity,  be  emi^ow- 
ered  to  use,  enjoy,  and  sell,  for  her  own  benefit,  any  proi)erty  she  may  acquire, 
or  may  have  acquired,  to  make  contracts;  sue  and  be  sued,  and  also  to  recover 
in  her  own  name,  any  property  or  debt  to  which  she  is  entitled,  or  to  which 
the  husband  is  entitled  in  her  right.  She  may  also  be  empowered  to  sell  and 
convey  by  her  own  deed,  any  of  her  real  estate,  freed  as  to  it  and  its  proceeds 
from  any  claim  of  her  husband. 

On  the  joint  petition  of  husband  and  wife,  or  on  the  petition  of  the  wife, 
the  husband  being  made  a  party  thereto,  filed  in  the  circuit  court  in  the 
county  of  her  residence,  on  satisfactory  evidence,  the  court  may  empower 
her  to  use,  enjoy,  sell,  and  convey,  for  her  own  benefit,  any  property  she  may 
own  or  acquire,  free  from  the  claim  or  debts  of  her  husband;  or  to  make 
contracts,  sue  and  be  sued  as  a  single  woman,  or  to  trade  iu  her  own  name, 
or  dispose  of  her  property  by  will  or  deed.  Married  women  and  minors  may 
make  deposits  in  incori)o rated  institutions  authorized  to  receive  deposits,  and 
their  checks  on  receipts  for  the  same  shall  be  valid,  to  the  same  extent  as  if 
they  were  not  married,  or  of  full  age.  If  any  stocks  of  the  banks  or  other 
corporations  of  this  state  is  taken  for,  or  transferred  to  any  female,  and  it  :s 
expressed  on  the  face  of  the  certificate  or  transfer  book  of  such  stock,  that 
it  is  for  the  use  of  such  female,  no  husband  of  hers  shall  take  an  interest  in 
such  stock,  or  the  dividends  thereon. 

She  may  receive  the  dividends  and  give  acquittances  therefor,  though  mar- 
ried ;  but  she  shall  not,  in  any  way,  anticipate  the  same,  nor  shall  any  divi- 
dend be  paid  upon  an  order  or  power  given  by  her,  before  the  same  is  de- 
clared. At  her  death  it  shall  pass  to  her  heirs  ;  but  if  unmarried,  she  may 
dispose  of  it  by  will ;  or  if  married,  so  dispose  of  it  with  consent  of  her 
husband,  or  without  such  consent,  if  so  provided  in  the  deed  or  will  creating 
the  trust.  On  the  death  of  her  husband  she  is  entitled  to  dower.  A  married 
woman  who  shall  come  to  this  commonwealth  without  her  husband,  he  re- 
siding elsewhere,  may-  acquire  property,  contract  and  defend  and  bring  ac- 
tions as  an  unmarried  woman. 

By  act  of  April  Itth,  1873,  the  compensation  and  wages  of  married  women 
for  service  and  labor  by  them,  is  free  from  the  debts  and  control  of  the  hus- 
band, and  the  same  may  be  paid  directly  to  such  women,  and  payment  to 
them  shall  be  a  full  discharge  and  acquittance  of  the  employer. 

Mortgages  of  Real  Estate. — A  mortgage  is  an  ordinary  deed,  containing 
a  clause  of  defeasance,  and  it  should  be  executed  and  acknowledged  as  a  deed. 

An  action  to  enforce  a  mortgage  must  l>e  brought  in  a  court  of  equity, 
wherein  a  personal  judgment  may  be  rendered  for  the  recovery  of  the  debt, 
secured  by  the  mortgage. 

It  is  invalid  against  a  purchaser  for  a  valuable  consideration  without  notic(> 
thereof,  or  against  creditors,  until  such  deed  shall  be  acknowledged  or 
proved,  according  to  law,  and  lodged  for  record. 

It  may  be  discharged  by  an  inventory  acknowledging  satisfaction  of  the 
same,  on  themargin Of  the  record  thereof,  by  the  mortgagee,  and  attested  by 
the  clerk  of  the  coi^rt  or  his  deputy,  or  by  recfmveyance  of  the  property. 
The  wife  must  join  in  ths  mortgage  to  bar  her  dower,  and  should  waive  her 
right  of  homestead  therein.  A  mortgage  is  barred  by  fifteen  years, 
[Ky.  18.] 


336  KENTUCKY. 

Oaths.— ('Sf^'  Affidarits.) 

Promissory  Notes. — (.See  Bills  of  Exchange.) 

Practice. — In  Kentucky,  law  is  practiced  under  the  "Codes  of  Practice,'" 
•which  went  into  ctiect  July  the  1st,  1854.  Tlie  "New  Codes"  went  into 
effect  January  the  1st,  1877. 

Becording. — No  deed  conveying  any  title  to  or  interest  in,  land  for  a. 
longer  time  than  five  years,  nor  any  agreement  in  consideration  of  marriage, 
nor  any  deed  of  trust  or  mortgage  conveying  a  legal  or  equitable  to  real  or 
personal  estate,  shall  be  valid  against  a  purchaser  for  a  valuable  considera- 
tion, without  notice  thereof,  or  against  creditors,  l^ntil  such  deed  shall  be 
•aclcnowledged  or  approved  according  to  law,  and  lodged  for  record. 

All  other  deeds  made  by  residents  of  Kentucky,  sliall  not  be  good  against 
a  bona  fide  purchaser  -without  notice,  or  his  creditor,  except  from  the  time 
the  same  shall  be  legally  lodged  for  record,  unless  the  same  be  so  lodged 
within  sixty  days  from  the  date  thereof.  If  made  by  persons  residing  out  of 
Kentucky,  and  in  tlie  United  States,  within .  four  months.  If  out  of  the 
United  States,  within  twelve  months. 

Redemption. — Land  sold  under  execution  for  less  than  two-thirds  of  its- 
appraised  value,  may  be  redeemed  in  twelve  months  by  the  jjayment  to  pur- 
cliaser,  or  his  representatives,  of  the  original  purchase  money,  and  ten  per 
centum  per  annum  interest  thereon. 

Replevin. — In  actions  for  the  recovery  of  specific  personal  property,  the 
plaintilf  may  obtain  immediate  jiossession  by  making  proper  affidavit  and 
bond,  but  the  defendant  may  retain  possession  by  giving  similar  bond. 

Revenue  and  Taxation. — Taxes  are  due  on  the  first  day  of  June,  annu- 
ally, but  are  not  delinquent  until  and  after  demand  of  payment  thereof  is 
made,  if  the  party  against  whom  they  are  assessed  is  a  resident  of  this  state. 
Any  person  failing  to  pay  his  taxes  by  the  1st  day  of  April  in  the  year  follow- 
ing the  assessment,  shall  pay  five  per  cent,  additional  on  the  unpaid  tax. 

The  sheriff  may,  after  the  first  day  of  June,  levy  on  the  personal  property, 
and  sell  same  for  unpaid  taxes.  If  there  be  no  personal  property  which  the 
collecting  officer  can  levy  on  for  taxes  due,  and  tlie  same  shall  not  be  paid  by 
the  first  day  of  November,  he  may  levy  on  any  real  estate  of  delinquent,  and 
sell  the  same  for  unpaid  taxes  and  costs.  And  if  no  one  will  purchase  said 
land  at  the  price  of  the  taxes  due  and  the  costs  of  sale,  it  shall  be  his  duty 
to  purchase  same  for  the  state.  The  owner  of  such  real  estate  may  redeem 
the  same  at  any  time  within  two  years  from  day  of  sale,  by  paying  to  tlie 
purchaser  thereof,  the  purchase  money  with  interest  at  the  rate  of  thirty  per 
cent,  per  annum,  and  the  costs. 

If  the  owner  be  under  disability,  he  shall  have  two  years  after  the  removal 
of  the  disability,  in  which  to  make  such  redemption.  But  the  committee  or 
next  friend  of  a  person  of  unsound  mmd,  shall  be  allowed  only  five  years 
from  the  day  of  sale,  or  two  years  after  written  notice  of  sale,  to  redeem. 

Land  must  be  listed  for  taxation  in  the  county  in  which  it  lies,  no  matter 
■where  the  owner  resides.  If  the  owner  fails  to  list  the  same,  the  assessor 
must  list  all  lands  in  his  county. 

Owners  or  clahnants  of  land  who  do  not  reside  in  the  county  in  which  it 
lies,  are  rcciuircd  to  furuisli  the  county  clerk  tliereof,  a  written  description  of 
each  tract,  verified  by  affidavit,  and  the  failure  to  do  so  shall  subject  such 
owner  or  claimant  to  a  penalty  of  not  less  tlian  twenty,  nor  more  than  one 
hundred  dollars  for  each  tract,  and  one  dollar  for  each  luindred  dollars  of  the 
value  of  tlie  land,  recoverable  by  action  or  motion  in  the  county  or  circuit 
court  of  the  county  in  which  the  land  lies. 

[Ky.  19.] 


KENTUCKY.  337 

If  an  owner  of  land,  non-resident  of  the  commonwealth  of  Kentucky,  shall 
for  five  years,  fail  to  comply  with  the  preceding  section,  (viz.,  §  2  of  article 
16),  his  right  to  the  land  shall  cease  and  vest  in  the  commonwealth,  without 
any  proceeding  to  declare  the  fact,  and  may  be  relied  on  in  bar  of  any  action 
or  proceeding  ;  but  this  section  shall  not  apply  to  infants,  married  women, 
and  persons  of  unsound  mind,  until  such  disability  is  removed. 

Bevision. — The  general  statutes  went  into  effect  December  1st,  1873. 

Seal. — A  seal  or  scroll  shall  in  no  case  be  necessary  to  give  effect  to  a  deed 
or  other  writing.  All  unsealed  writings  shall  stand  upon  the  same  footing 
with  sealed  writings,  having  the  same  force  and  effect,  and  upon  which  the 
same  actions  may  be  founded,  but  this  section  shall  not  apply,  nor  shall  it 
alter  any  law  requiring  the  state  or  county  seal,  or  the  seal  of  a  court,  cor- 
poration, or  notary  to  any  writing. 

Stay  of  Execution. — An  execution  may  be  replevied  for  three  months,  at 
any  time  before  a  sale  of  i)roperty  under  the  same,  by  the  defendant  giving 
to  the  ofhcer  an  obligation  payable  to  the  plaintiff,  Avith  good  surety  for  the 
amount  thereof,  including  interest  and  costs,  and  half  commission  up  to  that 
time. 

Supplementary  Proceedings. — (See  Garnishment.') 

Testimony. — The  following  persons  are  incompetent  to  testify  .  Neither 
husband  or  wife  shall  testify,  even  after  cessation  of  marriage,  concerning 
any  communication  between  them  during  marriage.  Nor  shall  either  of 
them  testify  againt  the  other.  Nor  shall  either  of  them  testify  for  the  other, 
except  hi  an  action  for  lost  baggage,  or  its  value,  against  the  common  car- 
rier, inn  keeper  or  wrong  doer.  In  such  action  either  or  both  of  them  may 
testify.  Also  except  in  actions  which  might  have  been  brought  by  or 
against  the  wife,  if  she  had  been  unmarried,  and  in  such  action,  either  of 
them  may  testify,  but  not  both. 

An  attorney  shall  not  testify  concerning  a  communication  made  to  him  in 
his  professional  character  by  his  client,  or  his  advice  thereon  without  the 
clients  consent,  nor  shall  a  clergyman  or  priest  testify  concerning  any  con- 
fession made  to  him  in  his  professional  character  in  the  course  of  discipline 
enjoined  by  the  church  to  which  he  belongs  without  the  consent  of  the  per- 
son confessing. 

Nor  shall  a  prisoner  in  a  penitentiary  of  this  state  nor  of  any  other  coun- 
try testify,  nor  shall  any  person  testify  for  himself  against  such  prisoner. 
Nor  shall  any  person  be  ccnnpetent  to  testify  for  himself  or  another  who  is 
found  by  the  court  to  be  incapable  of  understanding  the  fact  concernino- 
which  his  testimony  is  offered. 

No  person  shall  testify  for  himself  against  the  party  who  is  not  before 
the  court  otherwise  than  by  constructive  service  of  a  summons.  All  other 
objections  to  witnesses  shall  go  to  their  credit  alone  and  be  waived  by  the 
jury  or  tribunal  to  which  their  evidence  is  offered.  No  one  is  incompetent 
as  a  witness  because  of  race  or  color. 

Trust  Deeds. — No  sale  made  of  any  real  estate  by  trustee  by  virtue  of  a 
deed  of  trust  or  pledge  to  secure  the  payment  of  debts,  shall  be  valid,  Tior 
pass  the  title  of  the  proi)erty  specified  in  such  deed  or  pledge,  unless  the 
sale  thereof  be  made  in  pursuance  to  a  judgment  of  a  court  of  equity  or  the 
grantor  shall  join  in  the  conveyance  to  the  purchaser. 

Wills. — Every  person  of  sound  mind  not  being  under  twenty-one  years  of 
age,  or  a  married  woman,  may  by  will  dispose  of  any  estate,  right,  or  inter- 
est in  real  or  personal  estate  that  he  may  be  entitled  to  at  his  death,  which 
would  otherwise  descend  to  his  heirs  or  pass  to  his  personal  representatives, 
IKy.  20.] 


;«S  KENTUCKY. 

iind  tiioiigh  lie  may  become  w>  entitled  after  the  executiuu  of  his  will.  A 
married  woman  may  by  will  dispose  of  any  estate  secured  to  her  separate 
use  by  deed  or  devise,  or  in  the  exercise  of  a  written  power  to  make  a  will. 
No  will  shall  be  valid  unless  it  be  in  writing  with  the  name  of  the  testator 
{subscribed  thereto  by  himself  or  by  some  other  person  in  his  presence  and 
by  his  direction  ;  and  moreover  if  not  wholly  written  by  the  testator  the  sub- 
scription shall  be  made  or  the  will  acknowledged  by  him  in  the  j^resence  of 
at  least  two  credible  witnesses  who  shall  subscribe  the  will  with  their  names 
in  the  presence  of  the  testator.  The  will  of  a  person  domiciled  without  this 
jstate  at  the  time  of  his  death,  sliall  be  valid,  as  to  his  ijersomil  property  in 
this  state,  if  it  was  executed  according  to  the  law  of  the  place  where  he  was 
domiciled.  No  person  shall,  on  account  of  his  being  the  executor  of  a  will, 
be  incompetent  as  a  witness  for  or  against  the  will.  Wills  shall  be  proved 
before  and  admitted  to  record  by  the  county  court  of  the  county  of  the  tes- 
tator's residence.  If  he  had  no  known  place  of  residence  in  this  state  and 
land  is  devi.sed,  then  in  the  county  where  the  land  or  jjart  thereof  lies.  If 
no  land  is  devised  then  in  the  county  where  he  died,  or  that  wherein  his 
■estate  or  part  thereof  shall  be,  or  where  there  may  be  any  debt  or  demand 
•owing  to  him.  No  will  shall  be  received  in  evidence  until  it  lias  been 
allowed  and  admitted  to  record  by  the  county  court  and  its  probate  before 
such  court  shall  be  conclusive,  except  as  to  the  jurisdiction  of  the  court 
iintil  the  same  is  superseded,  reversed  or  annulled.  When  the  will  of  a  non- 
resident relative  to  an  estate  within  this  state  has  been  jiroved  without  the 
:*>ame,  an  authenticated  copy  and  a  certificate  of  probate  thereof  may  be 
offered  for  probate  in  this  state  as  a  will  of  personalty,  and  shall  be  admit- 
ted to  probate  as  such,  and  if  it  appears  from  such  copy  that  the  will  was 
^proved  in  a  foreign  court  of  probate  to  have  been  executed  so  as  to  be  a 
valid  will  of  land  in  this  state  by  the  law  thereof,  such  copy  may  be  admitted 
to  probate  as  the  will  of  real  estate. 


[Ky.  21.] 


KENTUCKY. 


339 


ATTORNEYS    IN     KENTUCKY. 


Bold  Face  Type  denotes  oounty  seats.        A  dash  (— 
Figures  after  names  wlien  admitted  to  the  Bar. 
A  double  dagger  (J)  our  Compiler  of  liaws. 
A  dagger  (f)  former  recommendations  withdrawn. 


)  less  than  KX)  iX)pulation. 
A  star  (*)  Notaries  Public. 


PLACE. 

Albany 

-Vshlaiid 

AugiLsta 

Barboursville 

Bardstown 

Beattyville 

Bedford 

Benton 

Blandville 

Booneville 

Bowling  Green 

Bradenburg 

Brookville 

Brownsville 

Burksville 

Burlington 

Cadiz 

Calhoun 

Campbellsville 

Campton 

Carlisle 

Carrollton 

Catlettsburg 

Clinton 

('htvcrpurt 

Columbia 

(JdUunbus 

Covington 

Cynthiana 

DanviUe 

Dixon 

Eddyville 

Edmonton 

Elizabethtown 

Elkton 

Kininencc 

Falmouth 

Flemingsburgli 

Frankfort 

Franklin 

Frenchburgh 

Fulton 


COUNTY. 

Clinton 

Boyd 

Bracken 

Knox 

Nelson 

Lee 

Trimble 

Marshall 

Ballard 

Owsley 

Warren 

Meade 

Braken 

Edmonson 

Cumberland 

Boone 

Trifrgs 

McLean 

Taylor 

Wolfe 

Nicholas 

Carroll 

Boyd 

Hickman 

Breckenridge 

Adair 

Hickman 

Kenton 

Harrison 

Boyle 

Webster 

Lyon 

Metcalfe 

Hardin 

Todd 

Henry 

Pendleton 

Fleming 

Franklin 

Simpson 

Menifee 

Fulton 


N.\MES   OF  ATTOKNEYS. 


popula'n. 


J.  A.  Brents.  400 

W.  C.  Ireland.  3,500 

T.  F.  Marshall.  1.300 
JAMES  N.  BRADFORD,  "83.     517 

Wm.  Johnson.  1,900 

G,  W.  Gourley.  300 

John  A.  Trout.  300 

J.  W.  Dycus.  279 

B.  S.  Bailey.  500 
J.  M.  Sebastion.  315 
DULANEY  (W.  L.)  & 

MITCHELL  (JAS.  A.).  5,114 

Wra.  Alexander.  800 

Clarke  &  Son.  640 

J.  S.  Lay.  125 

C.  W.  Alexander.  850 

A.  G.  Winston.  400 
R.  A.  Burnett.  64« 
W.  B.  Woe.  1,000 
John  R.  Robinson.  1.500 
Jo.seph  C.  Lykins.  300 
Kennedy  &  Son.  1,800 
J.  A.  Donalson.  2,500 
T.  R.  Brown.  3,500 
G.  W.  Griffey.  1,500 
J.  A.  Murray.  1,500 
James  Garnett.  700 
John  M.  Brunimal.  1,500 
Chas.  Eginton.  37,000 
Hon.  J.  Q.  AVard.  3,000 
Van  Winkle  &  Rhodes.  S,300 
F.  M.  Baker.  850 
L.  J.  Watkins.  800 
C.  W.  Thompson.  255 
Wilson,  Spring  &  Van  Meter.  3,000 
Petrie  &  Bristow.  1,200 

B.  Selby.  1.043 
J.  T.  Simon.  1,3C0 
W.  J.  Hi'tidrick.  1,8(M) 
Wm.  P.  D.  Bush,  "47.  9,00O 
I.  H.  Goodnight.  1.700 
J.  J.  Bvrnc.  200 
Fri'cinan  i^-  Canipbell.  3.000 


340 

KENTUCKY. 

PLACE. 

COUNTY. 

NAMES    OF    ATTORNEYS.     POPULA'N 

Georgetown 

Scott 

George  Payne. 

2,800 

Glasgow 

Barren 

Porter  &  McQuan. 

3,000 

Grayson 

Carter 

R.  D.  Davis. 

700 

Greensburgh 

Green 

D.  A.  Caldwell. 

650 

Greenup 

Greenup 

E.  F.  Dulin. 

1,000' 

Greenville 

Muhlenberg 

HAY('74)  &  THOMPSON("66).1.30O 

Hardinsburg 

Breckenridge 

MORRIS  ESKRIDGE,  '60. 

585 

Harlan 

Harlan 

J.  K.  Bailey. 

300= 

Harrodsburgh 

fiercer 

Ben.  Lee  Hardin,  '65. 

3,20a 

Hartford 

Ohio 

Henry  D.  McHenry. 

1,000 

Hawesville 

Hancock 

R.  A.  Miller. 

1,000 

Henderson 

Henderson 

^  S.  B.  &  R.  D.  VANCE. 
(  VANCE  ('79)  &  SUGG  '86. 

5,865 

Hickman 

Fulton 

R.  S.  MURRELL. 

1,364 

Hindman 

Knott 

George  Clark. 

135 

Hodgensville 

La  Rue 

I.  W.  Twyman. 

400 

Hopkinsville 

Christian 

H.  R.  Littell. 

6,000 

Hyden 

Leslie 

W.  P.  Bentley. 

200 

Irvine 

Estill 

J.  B.  White, 

500 

Jamestown 

Russell 

.7.  E.  Hays. 

300' 

Jackson 

Breathitt 

D.  B.  Redwine. 

150 

La  Grange 

Oldham 

D.  H.  French. 

1,000 

Lancaster 

Garrard 

R.  H.  TOMLINSON. 

1,234 

Lawrenceburgh 

Anderson 

J.  H.  D.  McKee. 

1,100 

Lebanon 

Marion 

Roundtree  &  Leslie. 

3,100 

Leitchfield 

Grayson 

James  M.  McClure. 

600 

Lexington 

Fayette 

Z.  Gibbons. 

33,000 

Liberty 

Casey 

J.  B.  Stone. 

300 

London 

Laurel 

J.  A.  Craft. 

500 

Louisa 

Lawrence 

R.  T.  Burns. 

900- 

Louisville. 

Jefferson 

County.        Population,  159,758. 

X  Bright,  Horatio  S.,  316  5th  St. 

See  Card  m  Appendix,  page  x. 

Southern  Collection  Agency,  451  Jefferson  St. 
&  Co.,  Managers. 


Abner  J.  Smitb 


McKee 

Jackson 

D.  W.  Durham. 

lOO 

Madisonville 

Hopkins 

Wadditt  &  Pratt. 

2,500 

Manchester 

Clay 

L.  A.  Byron. 

330 

Marion 

Crittenden 

Blue  &  Blue. 

455. 

Mayfield 

Graves 

Tice  &  Hester. 

3,500 

Maysville 

Mason 

Hon.  G.  S.  Wall. 

9,000 

Monticello 

Wayne 

J.  A.  Phillips. 

485- 

Morehead 

Rowan 

A.  T.  Young. 

600 

Morganfield 

Union 

K.  Chapeze. 

800 

Morgantown 

Butler 

W.  A.  Helm. 

400 

Mt.  Olivet 

Robertson 

J.  J.  Osloe. 

517 

Mt.  Sterling 

Montgomery 

Peters  &  Tyler.. 

4,000 

Mt.  Vernon 

Rockcastle 

John  McClary. 

60O 

Monfordville 

Hart 

H.  C.  Martin. 

374 

Murray 

Galloway 

Thos.  P.  Cook. 

636 

New  Castle 

Henry 

Wm.  Carroll. 

800 

Newport 

Campbell 

J.  C.  Wright. 

28,000 

Nicholasville 

Jessamine 

J.  S.  Bronaugh. 

3,000 

Owensburg 

Davics 

W.  N.  Sweeney  &  Son, 

10,000 

Owenton 

Owen 

Montgomery,  Lindsay  i 

&  Botts.     800 

Owingsville 

Bath 

J.  S.  Hunt. 

936 

KENTUCKY. 

341 

PLACE. 

COUNTY. 

NAMES  OF    ATTORNEYS. 

popcla'n. 

Paducah 

McCrackeii 

C.  H.  Thomas,  "69. 

8,036 

Paintsville 

.Johnson 

John  P.  Wells. 

500 

Paris 

Bourbon 

Cunningham  &  Tuniey. 

4,500 

Pikeville 

Pike 

Perry  A.  Cline,  '^2. 

:>{'.{) 

Pineville 

Bell 

John  Goodwin. 

30O 

Prestonburg 

Floyd 

W.  S.  Harkins. 

265 

Princeton 

Caldwell 

J.  R.  Hewlett. 

1,234 

Richmond 

Madison 

Commercial  Bureau,  Stej 
D.  Parrish. 

'''^"     3,200 

Russell  ville 

Logan 

II.  F.  Allensworth. 
f  IF.  W.  Lyles. 

2,058 

Salyersville 

Magoffin 

D.  D.  Sublett. 

22o 

Sandy  Hook 

Elliott 

M.  M.  Redwine. 

300 

Scottsville 

Allen 

Bradburn  &  .Johnson. 

1,000 

Shelbyville 

Shelby 

G.  G.  Gilbert. 

2,393 

Shepherdsville 

Bullitt 

W.  R.  Thompson. 

300 

Smithland 

Livingston 

Bush  &  Son. 

800 

Somerset 

Pulaski 

C).  H.  Waddle. 

3,000 

Springfield 

Washington 

J.  M.  Lewis. 

610 

Stanford 

Lincoln 

P.  S.  Hill. 

2,000 

Stanton 

Powell 

J.  H.  Scholl. 

100 

Taylorsville 

Spencer 

Wm.  Anderson. 

700 

Tompkinsville 

Monroe 

.T.  M.  Basham. 

290 

"Vanceburgh 

Lewis 

Geo.  M.  Thomas. 

1,300 

Versailles 

Woodford 

D.  T.  EDWARDS. 

2,126 

"Warsaw 

Gallatin 

H.  J.  Abbett. 

«00 

West  Liberty 

Morgan 

J.  W.  Kendall. 

400 

White  sburgb 

Letcher 

.T.  E.  Sarver. 

200 

Wniiamsburgli 

Whilsey 

J.  R.  SAMPSON,  '72. 

800 

Wiljamstown 

Grant 

E.  H.  Smith. 

900 

Winchester 

Clark 

W.  M.  BECKNER,  'Go. 

0  077 

342 


KENTUCKY. 


BANKS    IN    KENTUCKY. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of.paid-up  capital  of  one 
banl?  in  each  county  of  tiiis  state  in  wliich  sucli  a  banlting  institution  is  located. 


FLACK. 

Bowling  Green 

Brandenburg 

Burlington 

Carlisle 

Carrollton 

Oatlettsburg 

Columbia 

Covington 

Cyntliiana 

Danville. 

Elizabetlitown 

Elkton 

Falmouth 

Flemingsburg 

Frankfort 

Georgetown 

Glasgow 

Grayson 

Greenup 

Harrodsburg 

Hartford 

Henderson 

Hickman 

Hopkinsville 

La  Grange 

Lancaster 

Lawrenceburg 

Lebanon 

Lexington 

Louisville 

Mayfield 

Maysvillo 

Morgantield 

Morgantown 

Mt.  Sterling 

Murray 

New  Castle 

Newport 

Nicholasville 

Owensboro 

Owcntown 

Owingsvillo 

Paducah 


NAME    OF    BANK. 

Warren  Deposit  Co 

Meade  Co  Deposit  Bank 

Boone  "  " 

Deposit  Bank 

First  National  Bank 

Catlettsburg  Nat  Bank 

Bank  of  Columbia 

First  National  Bank 

National  Bank  of  Cyntliiana 

Boyle  National  Bank 

First 

Bank  of  Elkton 

Falmouth  Deposit  Bank 

Fleming  Co  Nat  Bank 

Farmers'  Bank  of  Kentucky 

Farmers'  B'k  of  Ky  (Br'ch) 

Deposit  Bank 

Grayson  Banking  Co 

J  M  Sowards 

First  National  Bank 

Bank  of  Hartford 

Farmers'  B'kof  Ky  (Brch) 

Hickman  Bank 

Bank  of  Hopkinsville 

Oldham  Bank 

National  Bank  of  Lancaster 

Lawrenceburg  Bank 

JNIarion  National  Bank 

Northern  B'k  of  Kentucky 

Bank  of  Kentucky 

First  National  Bank 

it  U  (< 

Nat  Bank  of  Union  County 
Morgantown  Deposit  Bank 
Farmers'  National  Bank 
A  J  Barnett 

Nat  Bank  of  New  Castle 
First  National  Bank 

Deposit  Bank 
First  National  Bank 
Goodjjaster's  Bank 
City  National  Bank 


PAID  UP 

CASHIEK. 

CAPITAL. 

C.  G.  Smallhousc. 

$150,000 

J.  L.  Fairleigh. 

23,300 

J.  C.  Revell. 

50,000 

F,  E.  Congleton. 

77.000 

J.  M.  Giltner. 

60,000 

A.  C.  Campbell. 

100,000 

Jo.  Coffey. 

40,000 

L  D.  Fry. 

500,000 

J.  S.  Withers. 

150,000 

J.  W.  Proctor. 

200,000 

S.  R.  Robertson. 

75,000 

John  0.  Street. 

100,000 

J.  E.  Bohannan. 

25,000 

Thos.  S.  Andrews. 

100,000 

Grant  Green. 

991,400 

S.  S.  Wells. 

359,000 

J.  Ritter. 

100,000 

C.  C.  Magann. 

37,000 

Wm.  Sowards. 

45,000 

H.  C.  Bohon. 

100,000 

Samuel  K.  Cox. 

30,000 

C.  T.  Starling. 

300,000 

R.  L.  Alexander. 

10,000 

J.  E.  McPherson. 

350,000 

J.  T.  Wilson. 

30,000 

Wm.  PL  Kinnaird. 

350,000 

J.  M.  Johnson. 

100.000 

J.  M.  Knott. 

150,000 

W.  D.  Boswell. 

763,900 

F.  0.  Anderson. 

1,645,000 

S.  P.  Ridgway. 

150,000 

Thos.  Wells. 

310,000 

D.  C.  James. 

100,000 

.Tereme  T.  Moore. 

40,000 

William  Mitchell. 

350,000 

10,000 

John  W.  Matthews. 

()0,()no 

T.  B.  Youtsey. 

300,000 

Dent  Hoover. 

100,000 

John  Wandling. 

335.000 

Luke  0.  Cox. 

126,000 

H.  S.  Goodpaster. 

40,000 

Chas.  E.  Richardson. 

300,000 

KENTUCKY. 


34;^ 


PLACE. 

Paris 

Princeton 

Richmond 

Russellville 

Shelbyville 

Somerset 

Springfield 

Stanford 

Taylor.sville 

Versailles 

Warsaw 

Williamsburg 

Williamstown 

Winchester 


NAME    OF    BANK. 

Northern  B'k  of  Kentucky 
First  National  Bank 

Logan  County  Bank 
Bank  of  Shelbyville 
National  Bank  of  Somerset 
First  National  Bank 

il  4(  (( 

Bank  of  Taylorsville 
Bank  of  Woodford 
Warsaw  Deposit  Bank 
Bank  of  Williamsburg 
Bank  of  Williamstown 
Wini.hester  National  Bank 


PAID  VP^ 

CASHIER. 

CAPITAL 

Charlton  Alexander. 

400,000 

G.  E.  Hamilton. 

.50,000 

J.  E.  Greenleaf. 

250,000 

II.  B.  Caldwell. 

51,000 

Shelby  Vannatta. 

100,700 

Robt.  Gibson. 

50, 001  > 

A.  C.  IVIcElroy. 

150,000 

J.  J.  McRoberts. 

250, 0(M) 

E.  D.  Bounie. 

2.5.000 

D.  P.  Robb. 

80,000 

Florin  Cox. 

;i5,ooo 

.1.  W.  Silver. 

;)5,ooo 

Tim  Needham. 

50,000 

J.  Pike  Power.s. 

2(X),000 

f 


STATE  OF 

LOUISIANA. 

SUMMARY   OF 

CoivLECTioiM    Laws. 

Court  Calendar,  Instruction's  for  taking  Dkpositions,  Legal.  Forms,  Etc. 

Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "  Showers' 

Legal  Directory  and  Merchants'  Guide,"  for  1888.  by 

Merrick  &  Merrick,  of  the  New  Orleans  Bar. 

Acknowledgments. — Instruments,  deeds,  contracts  and  agreements  may 
be  made  in  two  forms  ;  one  in  a  solemn  form,  that  is  before  a  notary  public 
and  two  male  witnesses  for  ordinary  contracts,  sales,  mortgages  and  dona- 
tions inter  vivos,  etc.  Wills  and  testaments  (donations  mortis  causa)  require 
a  notary  public  and  three  or  five  male  witnesses  for  their  validity,  according 
to  circumstances  ;  but  wills  may  also  be  made  without  a  notary.  The  other 
form  is  called  an  act  under  private  signature.  It  requires  no  other  formality 
than  the  signature  of  the  party,  and  is  valid  only  where  there  is  some  con- 
sideration. This  form,  if  executed  in  other  states,  may  be  acknowledged  and 
proved  before  a  commissioner  of  deeds  for  Louisiana,  resident  in  such  state. 
A  notarial  act  makes  proof  of  itself,  and  a  certified  copy  is  always  admis- 
sible. Verbal  contracts  up  to  $500  are  valid,  and  for  any  amount  where  they 
can  be  established  by  more  than  one  witness  or  by  one  witness  and  corrobora- 
tory circumstances. 

Actions. — Are  commenced  by  petition,  which  must  contain  the  name,  sur- 
name and  place  of  residence  of  plaintiff  and  defendant,  a  statement  of  the 
cause  of  action  and  prayer  that  the  defendant  be  cited  and  for  judgment. 
This  petition  must  be  signed  by  plaintifl"  or  his  attorney.  The  defendant,  if 
living  within  ten  miles  of  the  court  house,  must  file  his  answer  thereto 
within  ten  days.  If  defendant  fails  to  answer  within  ten  days,  a  judgment 
by  default  may  be  entered  against  him,  and  if  this  judgment  is  not  set  aside 
and  answer  filed  within  two  days,  the  judgment  may  be  confirmed. 

Administration. — The  laws  of  Louisiana  offer  some  peculiarities  under 
this  liead.  Where  all  the  heirs  are  of  age  they  can  unqualifiedly  accept  the 
estate  (called  a  succession)  and  become  at  once  the  owners  of  it.  The  act 
of  acceptance  of  the  succession  binds  the  heirs  personally  p?'(?  ratOy  for  the 
debts,  and  it  defeats  the  expense  of  administrators.  In  other  cases  the  estate 
is  administered  by  administrators,  executors  and  curators  of  vacant  succes- 
sions in  nearly  tlic  same  manner  as  in  the  other  states.  No  particular  form 
is  required  in  stating  accounts  against  deceased  persons,  as  the  creditors 
may,  by  ten  days'  publication  in  a  newspaper,  be  barred  from  sharing  in  the 
sums  proposed  by  those  administering  the  estates  to  be  distributed;  it  is  not 
safe  for  creditors  to  be  unrepresented  here.  The  provisions  of  the  law  on 
the  subject  of  estates  are  voluminous  and  a  treatise  would  be  required  for 
their  full  explanation. 

ILa.  1.] 


LOUISIANA.  345 

Affidavits. — No  particular  form  required.  Claims  forwarded  for  collec- 
tion neetl  not  We  sworn  to,  as  all  proof  must  be  contradictorily  rendered. 

Aliens. — Have  the  same  rights  as  citizens  in  regard  to  property. 

Appeals. — Lie  from  justices  of  the  peace  and  city  courts  for  amounts  ex- 
ceeding $25.  From  the  district  court  to  the  court  of  appeals  from  over  $100 
up  to  $2,000,  and  for  all  sums  exceeding  $2,000,  exclusive  of  interest,  to  the 
supreme  court.  The  couil  has  appellate  jurisdiction  of  cases  for  divorce, 
and  where  the  legality  or  constitutionality  of  taxes,  etc.,  shall  be  in  contes- 
tation without  reference  to  the  amount,  also  from  the  criminal  courts  when- 
ever punishment  of  death  or  imprisonment  at  hard  labor  may  be  inflicted  or 
a  fine  exceeding  $300  is  actually  imposed.  Appeals  may  be  taken  with  a 
supersedeas  (called  a  suspensive  appeal)  within  ten  days  after  the  signing  of 
the  judgment  by  the  judge,  or  within  one  year  thereafter  without  superse- 
deas (called  a  devolutive  appeal)  to  the  appropriate  court.  Appeals  from 
<lecrees  in  divorce  cases  must  be  brought  wilhin  thirty  days  after  the  judg- 
ment is  signed. 

Arrest. — As  a  mesne  process  may  be  issued  upon  the  creditors  giving 
bond.  Making  the  affidavit  required  by  law  only  secures  the  person  of  the 
debtor  to  answer  to  the  suit  for  three  months.  The  defendant  may  be  dis- 
charged by  giving  bond  for  one-fourth  over  and  above  the  debt,  that  he  will 
not  depart  for  three  months.     This  writ  is  seldom  resorted  to. 

Assignment. — Debtor  cannot  assign  his  property  in  discharge  of  his  debts 
otherwise  than  through  the  courts. — {See  Insolvency.) 

Attachment. — Writs  of  attachment  issue  upon  plaintiff  giving  bond  for 
the  amount  of  his  claim,  and  making  affidavit  that  the  debtor  resides  out  of 
the  state,  or  has  permanently  left  the  state,  or  is  about  peniianently  to  leave 
it,  or  that  he  conceals  himself  in  order  to  avoid  the  service  of  citation,  or 
that  he  has  mortgaged,  assigned  or  disposed  of  his  property,  rights  and 
credits,  or  is  about  to  mortgage,  assign  or  dispose  of  his  j)roperty  rights  or 
credits,  or  some  part  thereof,  with  intent  to  defraud  his  creditors  or  give  an 
unfair  preference  to  some  of  them,  or  that  the  debtor  has  converted  or  is 
about  to  convert  his  property  into  money,  or  evidences  of  debt,  with  intent  to 
place  it  beyond  the  reach  of  his  creditors,  or  when  the  debtor  is  about  to  re- 
move his  property  out  of  the  .state  before  his  debt  becomes  due. 

Bills  of  Exchange  and  Promissory  Notes.— The  sum  of  dollars  must 
be  in  writing.  Are  entitled  to  tliree  days'  grace,  though  if  the  last  day  be  a 
dies  non  juridicus  they  shall  be  paid  on  the  following  day,  not  a  leo"al 
boliday. 

Bills  of  Lading  and  Warehouse  Receipts. — Wlien  any  person  has  a 
general  balance  of  accouiit  agaiiist  consignor  or  other  per.son  shippiuf  aori- 
ctultural  products,  for  the  i)viri)ose  of  paying  same,  he  shall  have  a  rifht  of 
pledge  from  the  time  the  bill  of  lading  or  receipt  therefor  is  mailed  or  given 
the  carrier  for  transmission,  and  the  right  of  sale  of  said  property  shall  be 
vested  in  the  consignee  with  tlie  right  to  appropriate  the  proceeds  of  sale  to 
the  amount  of  liis  indebtedness. 

Chattel  Mortgages. — Not  recognized  by  law.  Pledges  are  the  only  safe 
security  for  personal  property  rights  or  credits. 

Claims  against  Decedents'  Estates. — Parole  evidence  cannot  be  intro- 
duced to  prove  any  ackiuiwleilgnient  of  decedent  to  pay  a  claim  in  order  to 
intercept  or  avoid  prescription.  Claims  must  be  presented  t()  the  executor, 
administrator  or  curator  of  an  estate  before  .suit  can  be  brought  on  the  same. 
— (.See  Administration.) 
[La.  2.] 


.34(j  LOUISIANA. 

Conditional  Sales  of  Personal  Property.— Such  sales  are  valid.  Per- 
sonal property  exempt  from  seizure  -when  sold  or  leased,  to  be  paid  for  by  in- 
stallments (such  as  sewing  machines),  becomes  an  absolute  sale.  But  the 
vendor  has  a  lien  for  balance  of  price. 

Corporations.- — Any  immber  of  persons  exceeding  six  may  form  them- 
selves into  a  corporation,  with  a  capital  of  over  $500  and  not  over  $1,000,000 
— under  the  general  laws  of  the  state,  for  literary,  scientific,  religious  and 
charitable  purposes  and  works  of  public  improvement  and  utility — but  no 
such  corporation  can  carry  on  a  banking  or  mercantile  business. 

Costs. — Defendant  may  demand  security  for  costs.  In  the  parish  of 
Orleans  the  costs  are  paid  in  stamps  for  each  proceeding  taken.  The  plain- 
tiff", if  required,  must  give  security  for  costs,  although  the  defendant  must 
advance  his  own  costs  during  the  progress  of  the  case. 

Courts. — {See  Calendar  and  See  Appeals.)  Civil  district  court  has  origi- 
nal jurisdiction  of  all  suits  over  $100. 

Court  Calendar.— 

UNITED  STATES  CIRCUIT  COURT. 

Associate  Justice  Supreme  Court,  (vacant) ;  Circuit  Judge,  Don  A.  Pardee,  of  New 
Orleans;  CTerA-,  E.  R.  Hunt,  New  Orleans. 

Terms,  Eastern  District— At  New  Orleans  1st  Monday  in  November  and  4th  Mon- 
day in  April.     Western  District.— At  same  time  and  place  as  District  Court. 

UNITED  STATES  DISTRICT  COURTS. 

Eastern  District. — Judge,  Edward  C.  Billings,  New  Orleans;  Attorney,  Charles 
Partang-o,  New  Orleans;  Clerk,  John  Devonshire,  New  Orleans;  Marshal,  R.  B. 
Pleasants,  New  Orleans. 

Terms. — At  New  Orleans  3d  Monday  in  November,  February  and  May. 

Western  District. — Judc/e,  A\eck  Boarman,  Shreveporl;  Attorney,  M.  C.  Elstnor, 
Shreveport;  CVct-A;,  John  W.  Wheaton,  Shreveport;  Marshal,  A.C.Gibson,  Shrcvo- 
port;  Deputy  Clerks,  J.  B.  Beattie,  Monroe;  J.J.Wells,  Alexandria;  William  l<\ 
Anderson,  Opelousas. 

'Terms.— At  Opelousas  1st  Monday  of  .lanuary  and  June  ;  at  Alexandria  4th  Mon- 
day of  January  and  June;  at  Sln-eveport  od  Monday  of  P'ebruary  and  July;  at 
Monroe  1st  Monday  of  April  and  October. 

STATE  COURTS. 

SIJPREMK  COURT  OF  I^OUISIANA. 

Chief  Justice,  YAwawl  Berniudez;;  Associate  Justices,  Felix  P.  Poclie,  Robert  B. 
Todd,  Charles  E.  Fenner,  Lynn  Boyd  Watkins ;  Clerks,  George  W.  Dupre,  New 
Orleans;  Robert  J.  Wilson,  Monroe;  L.  Sumpter  Taylor,  Opelousas;  Peter  J.  Treze- 
vant,  Shreveport;  Attorney  General,  M.  J.  Cunningham,  New  Orleans. 

7V'?-m.s.— At  New  Orleans  1st  Monday  in  November  to  end  of  May  ;  sit  Monroe  Isf 
Monday  in  Juno.  Appeals  for  Winn,  Claiborno,  T^^nion,  I;incoln,  .Tackson,  Ouachita 
and  Franklin  Parishes  returnable  2d  INIonday  of  June.  At  Opelousas  1st  Monday  in 
July ;  at  Slireveport  2d  Monday  in  October. 

CIRCUIT  COURTS  OF  APPEALS. 

First  Circuit.     Second.         Tliird.  Fourth.  Fifth.  Tcrmjt. 

Caddo..  .  .Ouachita E.  Baton  Rouge IstMon.  Jan.,  Juno. 

Bossier ;W  Mon.  Jan.,  June. 

Ttichland W.Baton  Rouge 4thMon.  Jan  , June. 

Webster  .   .  Franldin 1st  Mon.  Fol).,  July. 

Bienville. ..  (Jataboula Tangipahoa .  2d  Mon.  Peb.,  July, 

Claiborne 3d  Mon.  Feb.,  July. 

(Joncordia 4th  Mon.  Feb., Juh-. 

Union St.  Charles  .   .   .  1st  Mon.  Mar.,  Oct. 

fjincoln..   .Tensas St.  Helena .   .   .St.  Bernard..   .  2rt   Mon.  Mar.,  Oct. 

.lack.son Plaquemines.  .  8d   Mon.  Mar.,  Oct. 

Caldwell.  .Madison E.Feliciana.  .  .St.JohnBaptist.4(h  Mon.  Mar.,  Oct. 

Winn St.  .Tames 1st  Mon.  Apr.,  Nov. 

NachitochesF.  Carroll W.  Feliciana..  .  Ascension  .  .   .2d  Mon.  Apr.,  N<w. 

Sabine  .  .  .W.Carroll Point  Coupee.  .  JetTerson 4th  Mon.  Apr.,  Nov. 

De  Soto..  .   .  Morehou.se IstMon.  May,  Dec. 

[La.  3.] 


LOULSIANA. 


347 


J!%ri!(  Circuit.     Scconil.         Third.  Fourth.  Fi/th,  Terms. 

Iberville 2d  Mon.  ISIaj-,  Dec. 

Eed  River "icl  Mon.  May,  iJec 

St.  Lfindry 1st  Tues.  Jan. .June. 

Avoyelles 3d  Tues.  Jan.,  June. 

Rapides 1st  Tues.  Feb.,  July. 

Cameron 3d  Tues.  Feb.,  July. 

Calcasieu 1st  Tues.  Marcli,  2d 

Tues.  Oct. 

Vermilion 3d  Tues.  Mai-ch,  Uli 

Tues.  Oct. 

Lafayette 41  h  Tues.  March,  1st 

Tues.  Nov. 

Iberia 2d  Tues.  Apr.,  Nov. 

St.  Martin •  .   .  4th  Tues.  Apr., Nov. 

Grant 1st  Tues.  May,  Pec. 

Vernon od  Tues.  May,  Dec. 

Livingston 1st  Mon.   Feb.,   -lilt 

Mon.  May. 

St.  Tammany 4th   Mon.  Feb.,    1st 

Mon.  July. 

Washington 1st  Mon.  Mar.,  Oct. 

St.  Mary  ....  1st  Mon.  .Tan.,  Ma.v. 
Terrebonne.  .  .  3d  Mon.  Jan.,  May. 
Assumption  .  .  1st  Mon.  Feb. .June. 
Lafourche  .   .   .  3d  Mon.  F^eb.,  June. 

District  Courts  out  of  New  Orleans  can  change  their  terms  by  rule  and  thirty 
days'  notice. 

DISTRICT   COUHT.S. 


Parish. 
Acadia .  .  .  , 


Pari.th  Seal. 


jy.  .  Jury   Ter7ns  for   civil 
■  and  criminal  bnsine.s.i. 


Rayne 13 


Asension 

Assumption  .  , 

Avoyelles   .  .  . 

Baton  Rouge,  E 


Baton  Rouge,  W, 
Bienville  .... 


Bossier 
Caddo   , 


,  Donaldsonville.  . 
Napoleonville  .  . 

Marksville 

Baton  Rouge..  .   . 

.Port  Allen  .... 
.  Sparta 

.  Bellevue 

.  Shreveport 


Cameron. . 
Calcasieu.. 


Leesburg  ... 
Lake  Charles.. 


4th    Mon.   April,    1st 
Mon.  December.  .   . 

1st  Mon.  .Jan.,  May.  . 
1st  Mon. March,  Nov., 

3d  Mon.  September. 
4th     Mon.   May,     1st 

Mon.  December  .  . 
3d    Mon.    March,  1st 

Mon.  Sept.,  Dec  .   . 

1st  Mon.  March,  Sept. 
1st    Mon.    March,  od 

Mon.  July 

1st  Mon.  January,  2d 

Mon.  August.  .  .  . 
3d  Mon.  Jan.",  April, 

1st  Mon.  Sept.  .   .   . 

.■?d  Mon.  July 

4th  Mon.  April,  Nov.. 


Caldwell Columbia 4    1st  Mon.  Jan.,  July. 


Carroll,  E. 
Carroll,  W 
(Jatahoula  . 
Claiborne. 


Concordia  .  . 
De  Soto..  .  . 
Feliciana,  E  . 


Feliciana,  \V. 
Franklin. .  .  . 
(irant 


liake  Providence. 

Floyd 

Harrisonburg  .  . 
Homer 

Vidalia 

,  Mansfield   .... 
Clinton 


St.  Francisville. 

,  Winnsboro  .  .   . 

Colfax 


Iberville Plaquemine  . 


Iberia.  .  . 
Jackson.  . 
JeQerson 


New  Iberia. 
Vernon  .  .  . 
Gretna  .  .  . 


La  Fayette . 
iLa.  4.] 


La  Fayette.. 


8  1st  Mon.  Julv.  Dec.  . 

27  1st  Mon.  Aug.,  Jan.  . 

7  2d  Mon.  March,  Oct. 

3  2d  Mon.  Jan.,  Aug.  . 

n    1st  Alon.  April,  Oct.  . 

10    1st  Mon.  Feb.,  Aug.  . 

IB    4th     Mon.    Feb.,    2(1 

Mon.  Sept 

]•>  1st  Mon.  Oct.,  .March. 
7  2d  Mon.  Feb.,  Sept.  . 
12    1st    Tues.      May,    3d 

Tues.  Nov 

23    1st  Mon.  Jan  ,  June, 

October 

21     1st  Mon.  Jan.,  Mav.  . 

4  1st  Mon.  Feb..  .Vusr.  . 
2()    1st    .Mon.   April,    4th 

Mon.  Nov 

2.5    1st  Mon.  March,  Oct. . 


OiihI  Terms 
nHihout  a  jury. 

3d  Mon.  Feb.,  2d  Mon> 

September. 
1st  Mon.  March,  Nov. 

1st  Mon.  May,  June. 

1st  Mon.   March,  4tli. 

Mon.  September. 
1st  Mon.  Feb.,   May, 

3d  Mon.  October. 
1st  Mon.  May,  Nov. 

2d  :Mon.  May,  Dec. 

1st    Mon.    June,    4th 

Mon.  Octobei-, 
1st  Mon.  March,  Nov., 

3d  Mon.  June. 
1st  Mon.  December. 
2d  Mon. February,  4th 

Mon.  August. ' 
2d    Mon.    April,    4tlL 

;\[on.  September. 
2d  Mon.  jNIarch.  Oct. 
1st  Mon.  Marcli,  Oct. 
2(1  Mon.  Jan.,  Nov. 
3d    Mon.    March,    2(1 

Mon.  October. 
1st  Mon.  June,  Ihx'.. 
1st    Mon.    April,    2d 

Mon.  Dec. 
1st    Mon.    .Tune,     3(L 

Mon.  November. 
1st  Mon.  Dec,  March. 
2d  Mon.  May,  Dec. 

4th    Tues.    Jan.,    1st 

Tues.  S(^iiteinbcr. 
1st  Mon.  April,  Xwx. 
1st  Mon.  Nov.,  Mar. 
1st  Mon.  May,  Nov. 

1st     Mon.    July,     2(1 

Mon   .January. 
2d  Mon  May,  Dec. 


348 


LOUISIANA. 


Parish.  Parish  Scat. 

jLa  Fourche.  .  .   .  Thibodeaux  .  . 

Xincoln Ruston 

X.iving8tone  .  .  .  Centrevllle..  .  . 


Madison Tallulah 

Morehouse Bastrop . 


Nachitoches  .   .   .  Nachitoches  .   .   . 
'Ouchita Monroe 

Plaquemines .  .  .  Point  a  la  Hache. 

Point  Coupee  .   .  New  Roads.  .  .   . 
Kapides Alexandria   .  .  . 


Red  River  ....  Cousiiatta  .   .  . 
Richland Rayville  .... 

f*abine Many 

St.  Bernard. .  .  .  St.  Bernard.  .  . 
St.  Charles St.  Charles  C.  H 

St.  Helena  ....  Greensburg   .  . 

■St.  James Convent  .... 

St.  John  Baptist.  .Edgar 

St.  Landry Opelou.sas.  .   .   .   , 


St.  Martin  ....  St.  Martinsville 
St.  Mary Franklin. .  .  .   . 

.St.  Tammany  .   .  Covington  .   .   . 

'Tangipahoa  .  .  .  Amite  City.. .  . 

'Tensas St.  Joseph  .   .   . 

Terrebonne..   .   .  Houma 

Union Farmersville..  . 

Vermillion Abbeville.  .   .   . 

Vernon Leesville  .... 

AVashinglon. .  .   .  Franklinton. .  . 

"Webster Minden 

'^Vinn Winfield  .... 


j^.  .  Jury  Terms  for  civil  Oivil  Termif 

and  criminal  business.  wilhout  a  jury. 

20  1st  Mon.  April,  Oct., 

December 1st  Mon.  May,  Feb. 

3    4th     Mon.     Feb.,    3d 

Mon.   September.  .  1st    Mon.    May,    4th 

18    2d    Mon.     April,    1st  Mon.  November. 

Mon.  November..  .  2d  Mon.  March,  Oct. 

8  1st  Mon.  Jan,,  June  .  1st  Mou.  April,  Nov. 
6    2d    Mon.   Jan.,  May, 

September 2d  Mon.  March,  Nov., 

1st  Mon.  July. 

11  1st  Mon.  June,  Dec.  .     1st  Mon.  March,  Oct. 
5    4th  Mon.  Jan.,  April, 

8d  Mon.  Oct 2d    Mon.   March,  1st 

24    2d    Mon.    April,    1st       Mon.  Sept.,  Dec. 

Mon.  October.,  .  .  1st  Mon.  July,  Dec. 

].')    1st  Mon.  Jan.,  Sept.  .  1st  Mon.  April,  Nov. 

12  1st    Mon.    April,    3d 

Mon.  October. .  .  .      IstMon.  Jan.,3dMon. 
June. 

10  1st  Mon.  .Ian.,  July.  .      1st  Mon.  March,  Nov. 
27    1st  Mon.  Sept.,  Feb  .      3dMon.Nov.,lstMon. 

April. 

11  3d  Mon.  .Ian.,  July.  .      1st  Mon.  May,  Nov. 

24  IstMon.  March, Sept.     1st     Mon.    June,    3d 
2G    1st     Mon.     May,    2d        Mon.  November. 

Mon.  Oct 1st    Mon.    Feb.,    4th 

16    1st    Mon.    April,    3d        Mon.  July. 

Mon.  Oct 3d  Mon.  Ja'nuary,  1st 

Mon.  June. 

22    1st  Mon.  Feb.,  June  .  1st  Mon.  April,  Dec. 

2(i    IstMon.  June,  Nov.  1st    Mon.    March,  3d 

13  4tli  Mon.    March,  3d        Mon.  August. 

Mon.  Oct.,  Dee  ...      2d  Mon;  Ja'nuary,  5th 
Mon.  May. 

21  1st  Mon.  Oct.,  Feb. .  .      1st  Mon.  Dec,  April. 
I'J    1st  Mon.  Jan.,  April, 

.lune,  October  .  .  .  1st  MOn.  February. 
18    4th  Mon.   March,  3d 

Mon.  October.  .   .   .  1st    Mon.    March,  3d 

18  2d  Mon.Jan.,  IstMon.  Mon.  June. 

.lune 4th  Mon.  April,  Nov. 

9  IstMon.  May,  Nov  .      1st  Mon.  Jan.,  July. 

19  1st  Mon.  March,  May, 

November 1st  Mon.  July. 

3  1st  Mon.  February,  3d 

Mon.  July 2d    Mon.    April,    1st 

25  2dMon.  ,Ian.,l.stMon.        Mon.  November. 

September 1st    Tues.    April,    1st 

Tues.  November. 

14  1st  Mon.  April,  Aug. .    4th     Mon.    May,    1st 

Mon.  November. 
18    4th  Mon.  .Ian.,  June. .    2d  Mon  May,  1st  Mon. 

December. 
2    3d  Mon.  April,  Nov  .      2d    Mon.     Feb.,    4tlj 

Mon.  June. 

4  1st  Mon.  June,  Dec.  .     IstMon.  March,  Sept. 


fOURT  OF  APPEALS  FOR  THE  PARISH  OF  ORLEANS. 

■Judges,  Frank  McGloin  and  Henry  B.  Kelly. 
Term. — From  1st  Monday  in  November  to  last  Monday  in  June 

CIVIL  DISTRICT  COURTS  FOR  THE  PARISH  OF  ORLEANS. 

Term. — From  1st  Monday  in  November  to  July  3d.  During  vacation  rules  and 
■motions  are  tried  on  the  1st  Tuesdays  of  August,  September  and  October,  and  pro- 
bate and  other  matters  are  entitled  to  trial  during  first  weeks  of  same  months. 

City  Courts  and  Recorder's  or  Police  Courts  for  the  Parish  of  Orleans  always  open. 

Curtesy. — Not  recognizod  here  ■where  the  civil  law  prevails,  when  the  wife 
♦lies  rich,  leavinrv  the  husband  in  necessitous  circumstances  or  vice  versa,  the 
survivor  takes  one-fourth  of  the  estate  of  the  deceased  in  full  ownership. 

Deeds. — Any  deed  maybe  acknowledged  before  a  Louisiana  commissioner, 
jcsideut  abroad,    whose   certificate   will   admit  same   to   registration   here. 

[La.  5.J 


LOUISIANA.  84* 

Certified  copies  of  acts  passed  before  notaries  public  are  admitted  to  registry 
without  further  proof.  A  private  act  may  be  admitted  to  registry  by  being 
acknowledged  before  a  notary  public,  or  by  being  proved  by  the  oath  of  ono 
of  the  subscribing  witnesses,  a  seal  adds  no  force  to  the  act.  Sale  of  real 
estate  may  be  by  such  private  signature. 

Form  of  Deed. 

■WITH  OR  WITHOUT  MORTGAGE,  RENUNCIATION  OF  WIFE's  CLAIMS,  ETC. 

State  of  Louisiana,  } 
Parish  of .  ^     ' 

Be  it  known,  That  on  the  day  of  the  date  hereof,  and  iii  presence  of  tlie- 

witness  hereinafter  named  and  undersigned,  before  me ,  a  notary  public 

in  and  for  said  parish  of ,  state  of  Louisiana,  aforesaid,  duly  commis- 
sioned and  sworn,  personally  came  and  appeared ,  resident  of  the  parish 

(or  county)  of ,  state  of ,  who  declared  that,  for  the  consideration, 

and  upon  the  terms  and  consideration  hereinafter  expressed,  he  hath  bar- 
gained and  sold,  and  doth,  by  these  presents,  grant,  bargain,  sell,  convey, 
assign  and  set  over,  with  all  legal  warranties,  unto  and  in  favor  of ,  re- 
sident in  the  parish  (or  county)  of ,  state  of ,  here  present  (or,  if 

represented  by  power  of  attorney,  so  state, )  purchasing  and  accepting  and 
acknowledging  due  possession  thereof  the  following  described  real  estate,  to- 
wit :  A  certain  tract  or  parcel  of  land,  situated  : 

(Describe  property  in  full.) 

To  have  and  to  hold  the  property  thus  described  and  conveyed  unto  the  said 
purchaser,  his  heirs  and  assigns,  forever  warranted  and  defended  against  the 
lawful  claims  and  demands  of  every  person  whomsoever  and  against  all  in- 
cumbrances. 

This  sale  and  conveyance  is  made  and  accepted  for  and  in  consideration  of 

the  sum  and  price  of  $ (if  the  sale  is  for  cash  in  the  whole,  say),  pash  in 

hand,  paid  by  said  purchaser  to  said  vendor,  who  hereby  acknowledges  due 
receipt  thereof. 

(If  the  sale  be  on  time,  with  mortgage  and  vendor's  lien,  say,  jiaid  and  tO' 

be  paid  as  follows,  to-wit ;  $ cash,  the  receipt  whereof  is  acknowledged, 

and  the  balance  in and years  from  the  date  hereof.    For  the  unpaid 

portion  of  which  purchase  price  said  purchaser  has  made  and  executed  his- 
promissory  notes  of  even  date  herewith,  drawn  to  ^he  order  of  said  ven- 
dor (or  it  may  be  drawn  to  his  own  order  and  by  him  indorsed),  each  for  the 

sum  of  $ ,  and  due  respectively  in and years  from  the  date  hereof, 

and  bearing  eight  per  cent,  per  amium  interest  from  date  (or  maturity)  until 

paid,  which  notes,  having  paraphed  the  same "iVe  Varietur,^''  in  order 

to  identify  the  same,  herewith  I  have  delivered  unto  said  vendor,  who  hereby 
acknowledges  due  receipt  thereof. 

And  now,  in  order  to  secure  the  final  and  punctual  payment  of  said  notes, 
in  principal  and  interest,  and  of  attorney's  fees  in  case  of  suit  to  enforce  the 
payment  of  any  portion  thereof,  which  fees  are  hereby  fixed  at  five  per  cent, 
on  any  amount  so  in  suit,  ,  the  said  vendor  retains  and  the  said  pur- 
chaser grants  on  the  property  hereinbefore  conveyed  a  sjjecial  mortgage,  with 
vendor's  lien  in  favor  of  said  vendor  or  of  any  future  holder  of  said  notes 
or  of  either  of  them,  to  the  extent  of  any  unijaid  portion  of  said  price,  in- 
terest, costs  and  fees  as  aforesaid.  The  said  property  so  to  remain  mortga- 
ged and  hypothecated  until  the  full  and  final  j)aymcnt  of  said  indebtedness. 

(A  clause  may  here  be  inserted  i)roviding  that  tlie  purchaser  shall  keep 
said  property  insured  for  benefit  of  vendor.) 

By  the  certificate  of  the  state,  parish  and  city  tax  collectors,  hereunto 
annexed,  it  ajipears  that  all  the  taxes  due  to  date  on  said  property  have  been 
paid. 

By  the  certificate  of  the  record  of  mortgages,  it  appears  that  there  are  no 
mortgages  of  record  bearing  upon  said  j^roperty.. 
[La.  6.] 


350  LOUISIANA. 

(The  foregoing  clause  can  be  waived  by  consent  of  parties,  in  which  case 
the  waiver  should  be  inserted.) 

The  foregoing  act  was  then  read  to  said  parties  and  by  them  approved. 

Thus  done  and  passed  at  my  office  in  the  city  (or  parish)  of ,  state  of 

Louisiana,  in  the  presence  of  Messrs.    and  ,    competent  witnesses, 

who  sign  as  such  with  said  parties,  and  we,  the  said  notary,  on  this,  the 

<lay  of ,  in   the  year   of   our   Lord   one   thousand   eight   hvmdred   and 

•eighty . 

(First  witness.)  (  Vendor's  signature.) 

(Second  witness.)  (Purchaser' s  signature.) 

[sEAi^J  *  (Notary' s  signature.) 

(No  seal  or  scroll  of  private  individuals  is  required.) 

Descent  and  Distribution  of  Estates. — There  is  no  distinction  between 
Teal  estate  and  personalty  as  to  inheritance  and  distribution.  Children  (male 
and  female)  and  in  the  event  of  their  death,  grandchildren  and  other  descend- 
ants, by  representation  are  forced  heirs,  and  cannot  be  disinherited  by  will  of 
certain  poi'tions  of  the  estate  of  deceased,  according  to  their  number.  The 
.same  rule  applies  to  parents,  where  a  child  dies  without  descendants  to  grand 
parents  or  other  descendants.  If  a  man  dies  leaving  one  child,  he  cannot 
give  away,  by  deed  or  will,  more  than  two-thirds  of  his  estate  ;  where  he 
leaves  two  children  he  cannot  donate  more  than  one-half  of  his  estate,  and 
Avhere  he  leaves  three  or  more  children  he  cannot  donate  more  than  one-third 
of  his  estate.  In  the  case  of  the  decease  of  the  heir,  where  that  heir  is  a 
child  or  brother,  the  children  stand  in  his  place  by  representation. 

Depositions. — Should  be  executed  by  a  Louisiana  commissioner  or  some 
other  officer  authorized  to  administer  oaths.  The  commission  may  be  ad- 
dressed to  some  person  by  name,  in  which  event,  he  becomes  an  officer  of  the 
•court  which  recognizes  his  signature.  Otherwise,  the  authority  of  the  person 
taking  same  should  be  authenticated  by  a  certificate  from  the  governor  of 
the  state  where  the  officer  acts,  stating  that  at  the  time  of  the  taking  of  the 
■<leposition  he  held  such  and  svich  office  and  was  duly  authorized. 

Instructions  aiid  Forms  for  taking  Depositions. 

CAPTION. 

Depositions  of  witnesses,  produced,  sworn  and  examined  on  the  days  here- 
inafter mentioned,  at  (name  the  office  and  place),  under  and  by  virtue  of  the 

annexed  commission,  issued  out  of  the  honorable  the court,  in  and  for 

-,  to  take  depositions  in  a  certain  cause  pending  and  at  issue  in  said  court 

between ,  plaintiff,  and ,  defendant,  and  numbered on  the  docket 

of  said  honorable  court. 

,  residing  in ,  being  first  duly  sworn  on  the  Holy  Bible  (or  Holy 

Evangelists ;  or,  if  the  witness  affirms,  let  it  be  so  stated),  on  this,  the 

<lay  of ,  18 — ,  doth  depose  and  say  as  follows,  to-wit  : 

i.  To  the  first  interrogatory  he  said  :  (Give  the  answer  of  witness  as  dic- 
tated by  him  to  each  direct  and  cross-interrogatory).  Let  the  answer  be 
written  down  by  the  officer  in  presence  of  the  witness,  or  by  the  witness  him- 
self, on  sheets  fastened  at  the  upper  ends,  and  conclude  with  the  signature  of 
the  witness  and  the  Jurat  of  the  officer.  Should  the  answers  of  the  witness 
be  committed  to  writing  by  a  clerk,  mention  should  be  made  thereof.  Let 
the  depositions  conclude  with  the  following  : 

CERTIFICATE. 

I,  ,  the  undersigned  (give  capacity  of  officer),  do  hereby  certify  that  I 

caused  (insert  the  names  of  all  the  witnesses),  witnesses  hereinbefore  named 
and  examined,  to  appear  before  me  at  the  times  and  places  above  designated, 
and  after  publicly  and  solemnly  swearing  (or  affirming),  each  separately,  to 
1<j11  the  truth,  the  whole  truth  and  nothing  but  the  truth,  in  answer  to  the 

(La.  7.) 


LOUISIANA.  :{51 

uiiiicxed  direct  and  cross-interrogatories,  I  then  and  llicre  proceeded  to  ex- 
amine each  witness  separately,  by  propounding  to  liim  the  said  direct  and 
cross-interrogatories,  and  reducing  in  my  presence  and  in  the  presence  of  the 
witness  his  answers  tliereto  in  writing  witli  my  own  hand, (if  such  is  the  case  ; 
if  not,  state  facts  fully),  and  then  caused  eacli  witness  to  sign  his  deposition 
in  my  presence,  as  already  stated. 

In  witnesx  irhereof,  I  liave  hcreuntt)  sot  mv  hand   aixl  si^al    (if  he  has  one) 

on  this,  the day  of ,  A.  D..  18—. 

[sKAL.]  {Signature  of/>JJicer,  to Ult  quality.) 

The  officer  m\ist  then  seal  the  package,  indorse  the  fact  with  the  title, 
number  and  court  upon  it,  and  mail  it  to  the  clerk  of  the  court  from  which 
the  commission  issued. 

Divorce. — Judgment  of  divorce  will  be  granted  where  a  separation  from 
bed  and  board  (a,  menso  et  thoro)  lias  been  rendered  and  proof  is  made  that  a 
year  has  elapsed  anil  no  reconciliation  has  taken  i)lace.  A  separation  from 
bed  and  board  may  be  claimed  on  account  of  habitual  intemperance,  excess, 
cruel  treatment  or  outrages  of  one  spouse  toward  another,  if  of  such  a  nature, 
as  to  render  their  living  together  insupportable  or  on  account  of  public 
defamation,  abandonment,  attempts  against  the  life  of  one  by  the  other.  A 
divorce  will  be  granted  without  previous  separation  from  bed  and  board 
where  either  spouse  has  been  guilty  of  adultery  or  sentenced  to  au  infamous 
l)unishment. 

Dower. — {See  Married   Wumen.) 

Evidence. — Any  party  may  testify  in  a  cause,  except  a  husband  or  wife 
for  or  against  each  other.  Contracts  and  agreements  above  $500  in  value 
must  be  proved  by  at  least  one  credible  witness,  and  other  corroborative  cir- 
cumstances. Parole  evidence  cannot  be  admitted  to  prove  sale  of  real  estate, 
but  where  possession  is  given,  a  party  may  be  interrogated  under  oath,  as  to 
the  fact  of  the  sale,  and  on  such  confession  the  sale  is  enforced.  Parole  evi- 
dence will  not  be  admitted  to  prove  a  promise  to  pay  a  judgment  to  take 
same  out  of  the  statute  of  limitation  ;  to  prove  a  promise  to  pay  a  debt  of 
a  party  deceased  in  order  to  revive  it  after  the  statute  of  limitations  has  run  ; 
to  prove  a  promise  to  pay  the  debt  of  a  third  person  ;  to  prove  a  promise 
to  pay  a  debt  evidenced  by  writing,  after  prescription  (the  statute  of  limita- 
tion) has  run. 

Executions. — Ten  days  after  the  judgment  is  signed,  upon  written  appli- 
cation of  the  attorney,  execution  may  issue.  Ten  days'  advertisement  is  re- 
(luired  before  personal  property,  which  must  bring  two-thirds  of  its  appraised 
value,  can  be  sold  for  cash.  In  default  of  bringing  two-thirds  of  the 
appraised  value,  the  property  must  be  re-adverti.sed  and  sold  on  twelve 
months'  bond  for  what  it  will  bring.  At  tlie  expiration  of  twelve  months  an 
execution  can  issue  on  the  bond  and  against  the  purchaser.  Other  writs 
issue  as  is  common  in  the  other  states.  Writs  of  disfrinf/an  will  also  issue 
upon  order  of  court  to  enforce  specific  judgments. 

Exemptions. — Are  exempt  from  seizure  the  wages  of  day  laborers  ;  the 
linen  and  clothes  of  the  debtor  or  his  wife,  his  bed  and  tho.se  of  his  family  ; 
his  arnis  and  military  accoutrements  ;  the  tools,  instruments,  books  and 
sewing  machine  necessaiy  for  the  exercise  of  his  or  her  calling,  trade  or  pro- 
fession, by  which  he  or  slio  makes  a  living  ;  rights  of  personal  servitude,  of 
Ti.se  and  habitation  ;  of  usufruct  to  the  estate  of  a  minor  child  ;  the  income 
of  dotal  property  ;  mon<^y  due  for  the  .salary  of  an  officer;  cooking  .stoves 
and  utensils,  i)lates,  knives,  forks,  s])o(<ns,  dining  table  and  chairs,  wash 
tubs,  smoothing  irons  and  iron  furnaces,  family  portraits,  musical  instru- 
ments i>layed  on  or  practiced  on  by  any  member  of  the  family. 


352  LOUISIANA. 

There  is  also  tlie  homestead  law  which  exempts  from  seizure  IGO  acres  of 
land  and  home,  provided  the  whole  does  not  exceed  in  value  $2,000.  The 
constitution  of  1879  requires  the  recordation  of  the  homestead  but  this  and 
other  provisions  of  the  homestead  law  will  be  better  understood  by  special 
reference  thereto. 

Factors. — The  obligations  and  duties  of  this  class  of  agents  are  governed 
mainly  by  the  commercial  law  common  to  all  the  states. 

Fraud,  Statutes  of.— (-^e  Evidence.) 

Garnishiuent. — May  be  made  under  a  writ  of  attachment  or  fieri  facias. 
The  interrogatories  propounded  to  the  garnishee,  if  not  answered  within  the 
judicial  delay,  are  taken  for  confessed.  Salaries  not  of  day  laborers,  may  be 
garnished. 

Grace. — (See  Bills  of  Exchange  and  Promissory  Notes.) 
Homestead. — (See  Exemptions.) 

Insolvent  Laws. — A  debtor  may  surrender  in  court  all  his  assets.  If  a 
majority  of  his  creditors  in  number  and  amount  agree  thereto,  the  debtor  ob- 
tains a  discharge.  A  surrender  of  property  by  a  debtor  suspends  all  actions 
and  sets  aside  attachments.  A  meeting  of  the  creditors  is  called  and  a  syndic 
elected  to  administer  the  insolvent's  estate.  A  surrender  may  be  forced  as 
well  as  voluntary.  A  creditor  who  issues  execution  and  has  his  writ  re- 
turned, no  property  found,  may  upon  petition,  compel  the  debtor  to  file  a  list 
of  his  creditors,  etc.  A  debtor  cannot  take  advantage  of  our  insolvent  laws 
if  he  has  been  guilty  of  fraud. 

Respite. — A  debtor  may  ask  a  respite  of  his  creditors  upon  filing  a  sworn 
statement  of  his  assets  and  liabilities,  whereupon  the  court  orders  a  stay  of 
proceedings  against  him  and  calls  a  meeting  of  his  creditors  to  decide 
whether  the  delays  prayed  for  shall  be  granted.  The  vote  of  the  majority 
of  creditors  in  number  and  amount  must  be  procured  by  the  debtor  or  ipso 
facto,  he  becomes  insolvent  and  his  estate  is  administered  accordingly. 

A  citizen  of  another  state  having  a  claim  over  $2,000,  may  disregard  an 
insolvency  or  respite  proceeding  and  proceed  to  judgment  in  the  United 
States  circuit  court,  and  in  case  of  respite  may  issue  execution  upon  the  deb- 
tor's property,  which  is  not  regarded  as  in  the  possession  of  state  court. 

Interest. — When  fixed  by  the  parties  cannot  exceed  8  per  cent.,  but  legal 
interest  is  5  per  cent.,  and  is  allowed  on  all  sums  which  are  the  object  of  a 
judicial  demand.  If  a  higher  rate  than  8  per  cent,  has  been  paid,  the  debtor 
has  one  year  to  sue  for  return  of  same.  Interest  to  any  amount  may  be  in- 
cluded in  the  face  of  negotiable  instruments. 

Judgments. — When  recorded  operate  as  a  judicial  mortgage.  Must  be 
revived  every  ten  years. 

Justice  of  the  Peace  and  City  Courts. — Have  original  jurisdiction  of 
sums  under  $100,  exclusive  of  interest.  Appeals  lie  to  the  district  courts 
for  amounts  over  $25,  exclusive  of  interest. 

Landlord  and  Tenant.— (-See  Lease.) 

Lease. — Leases  may  be  written  or  verbal.  Right  to  sub-lease  is  implied 
where  not  expressly  denied.  If  no  time  for  its  duration  has  been  agreed 
on,  the  party  desiring  to  put  an  end  to  it  must  give  notice  in  writing  to  the 
other  at  least  fifteen  days  before  the  expiration  of  the  month  which  has 
begun  to  run. 

[La.  9.] 


LOUISIANA.  353 

License. — All  traveling  agents,  offering  any  species  ot  nicrchaiulise  in  this 
state  for  sale,  by  sample  or  otherwise,  shall  pay  a  license  of  $50  if  represent- 
ing one  house,  and  of  $75  if  representing  two  houses.  (But  the  foregoing 
law  is  unconstitutional  under  a  recent  decision  of  the  United  States  supreme 
court.     Kobbius  vs.  Shelby,  taxing  district,  120  U.  S.  497.) 

Liens. — Liens  or  privileges  against  real  estate  mvist  be  recorded  to  affect 
third  persons.  Among  other  privileges  allowed  by  law,  the  vendor,  where 
sale  is  made  in  Louisiana  by  agent  or  otherwise,  has  a  privilege  on  the 
property  sold  for  the  payment  of  the  price;  the  lessor  has  a  ijrivilege  for  the 
payment  of  his  lease,  a  moi'chant  for  the  necessary  supplies  furnished  or 
money  actually  advanced  and  used  for  carrying  on  a  farm  or  plantation  on 
the  crops  of  the  year  and  proceeds  thereof.  Many  other  liens  are  given  but 
their  enumeration  would  be  useless  in  this  work. — (See  Mechanics''  lAens.) 

Limitation  of  Actions  or  Suits. — Suits  on  open  accounts  must  be 
brought  within  three  years  from  sale.  Suits  on  promissory  notes  or  bills 
of  exchange  are  prescribed  in  five  years.  Stated  or  acknowledged  accounts, 
personal  actions  in  general,  judgments  and  mortgages  are  jirchcribcd  in  ten 
years. 

Limited  Partnerships. — Partnerships  in  commendam  exist  here,  by  which 
one  person  furnishes  another,  or  a  partnership,  a  certain  amount  of  money 
or  property  on  condition  of  receiving  a  share  of  the  profits  and  being  liable 
to  losses  in  such  sum  and  no  more. 

Married  Women. — Dower  of  the  common  law  is  not  known  in  Louisiana. 
The  word  has  another  meaning  in  the  civil  law. 

A  marriage  in  Louisiana  without  any  restriction  by  a  marriage  contract 
(and  it  is  the  same  when  property  is  acquired  by  married  persons  from  other 
states)  entitles  the  wife  to  one-half  of  all  the  property  acquired  during  the 
marriage,  the  payment  of  the  debts  being  deducted.  The  w  ife  can  renounce 
this  right  and  claim  from  the  community  and  the  husband's  estate,  a  return 
of  any  effects  of  hers  used  by  the  husband  during  the  marriage.  If  the 
husband's  aftairs  become  embarrassed  she  can  sue  the  husband  and  recover 
from  him  all  moneys  and  judgment  for  all  other  effects  used  by  the  husband 
and  enforce  the  same  by  execution. 

The  wife  remains  the  owner  of  all  property  which  she  possesses  at  the  time 
of  the  marriage,  or  which  may  be  inherited  by  or  given  to  her  afterwards. 
She  has  a  mortgage,  if  she  records  it,  on  the  real  estate  to  secure  her.  The 
husband  can  sell  the  community  even  where  the  property  was  bought  in  the 
wife's  name,  it  having  been  jiaid  for,  without  specifying  that  it  was  her 
money. 

Mechanics'  Liens — Mechanics,  artisans,  contractors,  masons,  etc.,  have  a 
privilege  on  the  building  or  construction  upon  which  they  have  labored  or 
furnished  supplies. 

Minors. — Over  18  years  of  age  may  receive  the  rcrnia  aetatis  or  full 
emanci})ation,  upon  ai)plying  to  the  courts  and  showing  reason  therefor. 
Minors  are  emancipated  by  marriage,  but  not  without  authority  to  alienate  ; 
21  years  is  the  age  of  majority  for  both  sexes.  A  minor  over  15,  with  the 
consent  of  his  tutor,  may  be  emancipated  so  as  to  administer  his  estate. 

Mortgages  of  Real  Estate. — Where  the  mortgage  act  ini])orts  a  confes- 
sion of  judgment,  tliat  is  where  it  is  executed  before  a  notary  and  two  wit- 
nesses and  it  states  the  indebtedness  of  the  creditor,   by  ai)plying  to  the 
judge  can  proceed  at  once  to  cause  the  sheriff  to  seize  and  sell  the  property. 
[La.  10.] 


354  LOUISIANA. 

An  act  of  mortgage,  under  private  signature,  can  only  be  enforced  by  regular 
suit,  with  ten  days'  service  of  prc>cess.  Where  a  judgment  is  recorded,  it  acts 
as  a  mortgage  against  the  party  cost. 

Notes  and  Bills  of  Exchange.— (-^Vf  Promissory  Notes.) 

Oaths  and  AfSidiS^Yits.— {See  Affidavits.) 

Partnerships. — ('ommercial  partnerships  are  controlled  by  the  general 
rules  of  coninion  law  liability. 

Promissory  Notes. — {See  Bills  of  E.rchange  and  Promissory  Notes.) 

Practice. — Our  practice  is  by  code. 

Proof  of  Claims. — It  is  useless  to  annex  affidavit  to  claims  sent  for  col- 
lection in  ordinary  cases,  and  such  affidavit,  not  being  taken  contradictorily, 
is  inadmissible  in  evidence. 

Recording. — As  a  rule  all  rights  against  real  estate  must  be  recorded  to 
afiect  third  persons. 

Redemption. — Property  sold  for  taxes  is  redeemable  within  one  year  upon 
reimbursement  of  the  amount  paid  by  the  purchaser  at  tax  sale,  with  20  per 
cent,  and  costs.     There  is  no  redemption  of  property  sold  under  execution. 

Replevin. — The  writ  of  sequestration,  by  which  real  and  personal  effects 
are  taken  into  the  custody  of  the  law,  answers  the  purpose  of  a  writ  of  re- 
plevin as  to  personalty.  The  writ  issues  not  only  to  secure  the  property  to 
the  owner,  but  to  secure  it  to  answer  for  privileges  (liens  where  property  is 
left  with  the  debtor)  claimed  by  creditors  where  the  nature  of  the  debt  con- 
fers that  privilege. 

Revenue. — For  our  laws  of  taxation  refer  to  acts  of  the  general  assembly 
of  1886,  98  and  101. 

Revision. — Our  general  statutes  and  codes  were  revised  and  re-enacted  in 
1869  and  1870.     There  is  a  commission  for  a  further  revision. 

Revivor. — {See  Judgments.) 

Seals. — To  contracts,  deeds,  etc.,  are  not  in  use. 

Security  for  Costs.— (''^ff  Costs.) 

Stay  of  Execution. — There  is  no  stay  of  execution  in  this  state,  except 
where,  at  the  first  sale  on  execution,  the  property  does  not  bring  the  two- 
thirds  of  the  appraisement.  In  that  case  it  is  re-advertised  to  be  sold  on  a 
twelve  months'  credit.  The  debtor  may  bid  at  this  sale,  and  if  he  buys,  it  is 
a  virtual  stay  of  execution. 

Supplementary  Proceedings. — Amendments  are  allowed  when^  the  issue 
is  not  changed  at  anytime  before  trial,  and  at  the  discretion  of  the  court  dur- 
ing trial. 

Taxes.— See  act  of  Louisiana,  OS  and  101  of  188G. 

[La.  11.] 


LOUISIANA.  355 

Trust  Deeds.— Arc  not  in  use.  Trusts  are  forbidden  by  our  law.  A 
notarial  act  of  mortgage,  with  an  agreement  not  to  alienate  to  the  ijrejiulice 
of  the  mortgagee,  enables  tiie  holder  to  take  out  the  eiiuivalent  of  an  execu- 
tion (executory  process)  and  to  proceed  to  sell  at  once.  It  is  quite  as  secure 
as  a  trust  deed. 

Wills. — {See  Claims  against  Decedents'  Estates.) — An  olographic  will  is 
one  of  the  simplest  forms  in  which  a  will  may  be  made  here.  This  will 
must  be  written,  dated  and  signed  by  the  testator.  Sueh  a  will  is  good  and 
<,'llect  will  be  given  to  it  so  far  as  not  in  violation  of  a  jjrohibitory  law.  The 
other  forms  of  wills  are  not  contemplated  in  a  digest  of  this  nature.  For 
the  probate  of  foreign  wills,  see  administration. 


ILa.  12.1 


356 


LOUISIANA. 


ATTORNEYS  IN  LOUISIANA. 


Bo!d  Face  Type  denotes  county  seats.        A  dash  (— )  less  than  100  population. 
PMgures  after  names,  when  admitted  to  the  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (j)  our  Compiler  of  Laws. 
A  dagger  (t)  former  recommendation  withdrawn. 

PLACE.  COUNTY.  NAMES   OF    ATTORNEYS.      POPULA'n 

Abbeville  Vermillion  W.  "VV.  Edwards.  600- 


Alexandria.        Rapides  County.        Population,  1,800. 

HENRY  L.  DAIGRE,   Real  Estate  Broker,  will  effect  mort- 
gage on  real  estate  safely  with  8  per  cent  interest. 


Amite  City 

Bastrop 

Baton  Rouge 

Bayou  Sara 

BeUevue 

Cameron 

Clinton 

Colfax 

Columbia 

Convent 

Covington 

Coushatta 

Donaldsonville 

Edgar 

FarmersvUle 

Floyd 

Franklin 

Franklinton 

Greensburgh 

Harrisonburgli 

Horner 

Houma 

La  Fayette 

Lake  Charles 

Lake  Providence 

Leesville 

Mansfield 

Many 

MarksviUe 

Minden 

Monroe 

Morgan  City 

Natchitoches 

Napoleonville 

New  Iberia 


Tangipaho  W.  B.  Kemp.  1,120 

Morehouse  Newton  &  Cason.  1,100 

Baton  Rouge  Kernan  c%  Laycock.  7,217 

West  Feliciana  Thomas  Butler.  710 

Bossier  Lowery  &  Vance.  300 

Cameron  {See  Lake  Charles.)  lOO' 

East  Feliciana  T.  J.  Kernan  1,250 

Grant  J.  C.  AVickliffe.  300 

Caldwell  Gilbert  &  Thornhill.  305 

St  James  Sims  &  Pochi.  CSO- 

St  Tammany  Hon.  J.  M.  Thompson.  750' 

Red  River  Egan  &  Pierson.  680 

Ascension  Fredk.  Duffel.  4,667 

St  John  Baptist       L.  Depoorter.  420 

Union  James  A.  Ramsey.  700- 

Carroll  (.  See  Lake  Providence.')  175 

St  Marys  D.  Caffrey.  1,700 

Washington  John  Wadsworth.  200 

St  Helena  J.  A.  Addison.  500 

Catahoula  J.  F.  Ellis.  350 

Claiborne  J.  W.  Holbert.  900 

Terra  Bonne  T.  Gibson.  2,000 

La  Fayette  M.  E.  Girard.  3,000 

Calcasieu  George  H.  Wells  &  Son.  3,000 

Carroll  Montgomery  &  Ransdell.  1,200 

Vernon  D.  E.  Sorclle.  200 

De  Sota  lion.  Wm.  P.  Hall.  770 

Sabine  F.  J.  Smith.  150 

Avoyelles  Hon.  Thos.  Overton.  500 

Webster  Watkins  &  Watkins.  1,500 

Ouachita  F.  Garrett.  3,000 

St  Mary's  B.  F.  Winchester.  2,013 

Natchitoches  J.  M.  Tucker.  3,500 

Assumption  W.  Guion.  800 

Iberia  W.  B.  Merchant.  4,000 


LOUISIANA. 


357 


New  Orleans. 


ORI.EANS  County.        Population,  216,140. 


ARMSTROXG.  WM.,  l:U  Gravier  St. 

t  Merrick  (E.  T.)  &  Merrick,  Jr.  (E.  T.),  29  Carondelet  St. 

tSee  Curd  in  Appendix,  page  x. 


PLACE. 

COUNTY. 

NAMES   OF   ATTORNEYS. 

POPULA  N. 

New  Roads 

Pointe  Coupee 

T.  H.  Hewes. 

600 

Opelousas 

St  Landry 

H.  L.  Garland. 

1,700 

Plaquemine 

Iberville 

Clias.  P.  Moore. 

3,000 

Point  a  la  Hache 

Plaquemines 

Robert  Ilingle. 

215 

Port  Allen 

West  Baton  Rouge  Farrat  &  Lamoii. 

275 

Port  Vincent 

Livingston 

J.  Q.  Jinks. 

208 

Eayville 

Richland 

P.  H.  Foler. 

275 

St.  Bernard 

St  Bernard 

Beauregard  &  Chiapella. 

210 

St.  Joseph 

Tansas 

Steele,  Garrett  &  Dogg. 

500 

St.  Martuiville 

St  Maitin 

R.  Marlin. 

2,000 

Shreveport 

Caddo 

Alexander  &  Blanchard. 

11,017 

Sparta 

Bienville 

J.  T.  Boone. 

215 

TaUulah 

Madison 

Farran  &  Jones. 

150 

Thibodeaux 

La  Fourche 

O'SuUivan  &  Blake. 

3,000 

Vamon 

Jackson 

E.  E.  Kidd. 

200 

Vidalia 

Concordia 

Steele  &  Dagg. 

750 

Vienna 

Lincoln 

Graham  &  Gaskins. 

36S 

Winfield 

Winn 

H.  Bernstein. 

250 

Winnsborough 

Franklin 

J.  W.  Mills. 

800 

BANKS   IN    LOUISIANA. 

Giving  the  name  of  town,  bank  and  ca.shier,  and  amount  of  paid-up  capital  of  one 
•t)ank  in  each  county  of  this  state  in  which  such  a  banking  institution  is  located. 


PLACE. 

Abbeville 
Baton  Rouge 
]>ake  Charles 
^ew  Orleans 
Shreveport 


NAME    OF    HANK. 


CASUIEK. 


N  C  Young                               J.  J.  Abadie.  $    6,000 

First  National  Bank               G.  T.  Webster.  100,000 

J  B  Watkin's  Banking  Co     A.  C.  Gordon.  75,000 

Citizens'  Bank  of  Louisiana  -las.  .1.  Tarleton.  1,050,000 

Commercial  National  Bank  R.  R.  Deming.  100,000 


STATE  OF 

MAINK. 

SUMMARY   OF 

COLLKCTION     Law^. 

CouKT  Calendar,  Instructions  for  taking   Depositions,  Legal  Forms,  Etc; 

Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "  Showers' 

Legal  Directory  and  Merchants'  Guide."  for  1888,  by 

Strout,  Gage  a  Wtrout,  of  the  Portland  Bar. 

Acknovrledgments.— (See  Deeds.) 

Actions. — Actions  are  commenced  by  blank  writs  of  attachment,  or  original, 
summons,  with  or  witliout  an  order  to  attach,  issued  from  the  clerk's  office, 
in  which  declarations  are  inserted  by  attorneys,  and  which  are  made  return- 
able to  the  first  day  of  a  term — in  the  supreme  judicial  court,  to  the  next 
term  ;  in  the  superior  courts,  to  either  of  the  next  tliree  in  Cumberland,  and 
of  the  next  two  in  Kennebec  county  ;  in  justice  court,  at  any  time  within 
sixty  days,  leaving  time  for  service.  Service  is  made  on  natural  persons  four- 
teen days  before  return  day,  (or  seven  days  in  justice  courts),  if  property  is 
attached,  by  separate  summons  in  hand,  or  loft  at  last  and  usual  place  of 
abode  ;  if  original  summons  and  no  attachment,  by  copy  served  in  the  same 
way,  or  l)y  reading  ;  on  corporations  of  all  kinds,  served  thirty  days  before, 
by  copy  left  with  the  president,  clerk,  cashier,  treasurer,  general  agent,  or- 
director,  or,  if  no  such  officer  or  agent  is  found,  with  any  member.  If  a  foi- 
(ngn  corporation,  it  may  also  be  left  with  any  agent,  or  at  the  office  or  jilace 
of  business.  If  a  domestic  corporation,  and  no  officer,  general  agent,  or 
member  is  found  in  the  county,  it  may  bo  filed  in  the  registry  of  deeds.  In 
i-ase  of  counties,  with  county  commissi(niers  or  their  clerk  ;  of  towns,  par- 
ishes, I'eligious  societies,  and  school  districts,  with  the  clerk,  or  one  of  thy 
selectmen  or  assessors;  or,  if  no  such  officer,  with  any  member.  Where 
l)roperty  is  attached,  and  service  is  not  made,  or  is  defective  witliout  plain- 
tilfs  fault,  the  court  may  order  a  new  notice.  If  defendant  is  out  of  the 
state,  this  is  commonly  done  by  i)ublication.  A  writ  issued  from  the  supreme 
judicial  court,  in  any  county,  may  be  made  returnable  in  another.  None 
resident  ])laintitts  nuist  furnish  indorser  for  costs.  In  personal  actions,  writs, 
are  returnable  in  the  county  where  either  party  resides  in  the  state  ;  in  local 
actions,  in  tlie  c(mnty  where  the  subject-matter  is  situated.  Jurisdiction  is 
sustained  if  property  is  attached  within  the  state,  althougli  defendant  is  not 
here.  Cross  actions  against  actions  brouglit  by  non-residents,  may  l)e  served 
on  attorney  of  record.  Actions  for  li(juor  sold  in  violation  of  law  of  this 
.'^tate,  or  knowing  it  was  to  be  so  sohl  l)y  i)urchaser,  cannot  be  maintained, 
nor  on  notes  given  therefor,  unless  in  hands  of  an  indorser  without  actual 
notice  thereof. 

Administration  of  Estate. — (See  Estates  of  Deceased  Persoiix.) 

[Maine  1.] 


MAINE.  359 

Affidavits. — Aiv  used  to  support  motions  aud  on  licaring,  on  application 
for,  or  motions  to  dissolve  injunction,  but  are  not  received  on  trials  of  causes. 
None  re<iuircd  for  issue  of  any  process,  except  mesne  process  for  arrest  for 
debt. 

Aliens. — ^lay  hold,  convoy  or  demise  real  property. 

Appeals. — All  suits  or  criminal  prosecutions  before  municipal  courts,  (ir 
trial  justices,  may  be  appealed  to  the  superior  court,  in  counties  which  have 
such  couit;  in  other  counties  to  the  supreme  court. 

Appeals  to  the  supreme  court,  lies  from  decisions  of  county  commissioners, 
in  layin<j  out,  discontinuinjf,  or  refusal  to  lay  out  or  discontinue,  wages, 
and  from  the  assessment  i)f  damages  for  such  laying  out. 

Arrest. — In  suits  upon  contract,  debtor  may  be  arrested  on  the  writ,  if  the 
debt  extjccds  ten  dollars,  and  the  creditor  makes  oath  that  he  has  reason  to 
believe,  and  does  believe  that  the  debtor  is  about  to  dej^artand  reside  beyond 
the  limits  of  this  state,  and  to  take  with  him  property  or  means  of  his  own 
<'xceeding  the  amount  required  for  his  immediate  support,  and  that  the  debt 
due,  amounts  to  at  least  ten  dollars.  No  arrest  can  be  made  on  execution 
or  contract,  but  debtor  may  be  cited  to  an  examination  as  to  his  property, 
and  if  he  appears  to  be  poor,  he  will  be  discharged,  otherwise  held  ex  cus- 
todie.     In  actions  and  executions  for  tort,  defendant  may  be  arrested. 

Assignments. — {See  lasoUent  Laws  and  Assignments.) 

Attachments. — The  entire  estate  of  a  defendant,  personal  as  well  as  real, 
cxcei>t  few  articles  specially  exempted,  is  altected  by  an  attachment.  It  is 
in  the  form  t)f  a  mesne  or  original  writ,  and  it  constitutes  a  lien  which  runs 
for  thirty  days  and  no  more,  after  judgment  is  rendered. 

Bills  of  Exchange  aud  Promissory  Notes. — {See  Notes  and  Bills  ray- 
able.) 

Chattel  Mortgages. — All  mortgages  of  personal  property  are  void  against 
lliird  parties,  unless  recorded  in  the  clerk's  office  of  the  towni  where  the 
mortgagor  lives,  or  possession  is  taken  and  retained  by  the  mortgagee.  After 
breach  of  the  conditions  of  such  mortgage,  the  mortgagee  may  give  tlu? 
mortgagor  written  noti<;e  of  his  intention  to  foreclose  the  same,  and  if  not 
redeemed  in  sixty  days  thereafter,  the  right  of  redemption  is  lost,  but  there 
is  no  fixed  time  in  which  they  must  be  foreclosed. 

Claims  against  Decedents'  Estates. — {See  Estates  of  Deceased  Persons.) 

Conditional  Sale  of  Personal  Property. — "No  agreement  that  personal 
])roj)erty  bargained  and  delivered  to  another, /i9?'  which  a  note  is  given,  shall 
remain  the  property  of  the  ])ayee  until  the  note  is  ])aid,  is  valid,  unless  it  is 
made  and  signed  as  a  part  of  the  note ,  and  no  such  agreement,  although  so 
made  and  signed  in  a  note  for  more  than  thirty  dollars,  is  valid,  except  as 
between  the  original  parties  to  such  agreement,  unless  it  is  recorded  like  mort- 
gages of  ])i'rsonal  proiierty."'     W.  R..  c.  iii.  s.  5. 

Huch  conditional  sale,  where  no  note  is  gicen,,  is  not  within  the  statute,  and 
is  valid. 

Other  conditional  sales  arc  governed  by  the  common  law,  without  stat- 
ute or  other  moditication. 

Corporations. — Are  now  created  only  under  general  laws,  except  for  mu- 
nicipal pur])<>srs,  and  where  the  objects  can  only  lie  obtained  bysi>ecial  legis- 
lation. ((Jonst.  art.  iv,  t^  11.)  Dilferent  methods  ai-c  provided  by  statute 
for  dilferent  kinds.  Their  corporate  rights  under  charter  are  subject  to  the 
control  (»r  the  legislature,  unl;iss  incorporated  by  act  prior  to  March  17,  1831. 
[Maine  2.] 


360  MAINE. 

Corporate  existence  continues  three  years  after  dissolution  to  prosecute  and 
defend  suits,  and  wind  up  affairs.  Meetings  are  called,  when  for  any  reason 
it  cannot  otherwise  be  done,  by  warrant  issued  by  a  justice  of  the  peace. 
Transfers  of  stock,  where  certificates  are  issued,  are  valid  only  between  the 
parties  until  entered  on  the  books  of  the  corporation.  Corporations  are 
bound  by  parol  contract  authorized  by  legal  vote  or  by  law.  If  not  created 
for  benevolent,  literary,  or  banking  purposes,  they  cannot  divide  stock  so  as 
to  reduce  its  par  value,  until  all  debts  are  paid.  Treasurers  of  manufac- 
turing, etc.,  corporations  are  to  publish  semi-annually,  in  January  and  July, 
a  statement  of  their  affairs.  Stockholders  are  liable  for  debts  contracted 
while  they  are  svich,  to  the  amount  of  stock  subscribed  or  held  by  them, 
which  is  not  paid  in  cash  or  its  equivalent,  or  is  withdrawn,  and  in  no  other 
way  except  in  banks.  Stockholders  voting  to  dissolve,  dissolution  may  be 
accomplished  by  a  bill  in  equity,  brought  by  any  one  of  them.  The  supreme 
iudicial  covirt  has  equity  jurisdiction  over  the  settlement  of  corporation  af- 
fairs. Bondholders  secured  by  corporation  mortgage  on  foreclosure,  may 
become  a  corporation  with  same  power. 

Costs,  Security  for. — In  state  courts,  all  writs  in  favor  of  non-residents 
of  that  state,  must  be  endorsed  before  entry  in  court  ;  endorser  is  liable  for 
costs. 

In  United  States  courts,  security  may  be  ordered  by  court,  on  mot;o:i 
pending  the  suit  ;  when  ordered,  it  is  by  bond  with  surety. 

Courts,  Terms  and  Jurisdiction  of 

Probate  Courts. — Courts  of  probate  have  jurisdiction  to  take  the  probate 
of  wills  ;  grant  letters  testamentary  or  of  administration  on  the  estates  of 
all  persons  deceased,  residents  of  their  counties,  or  who  died  out  of  the  state 
leaving  estate  in  their  counties  to  be  administered.  They  also  have  power 
to  appoint  guardians  to  minors,  and  others  who  are  incapable  of  managing 
their  own  affairs.  The  judges  of  probate  fix  the  times  and  places  of  hold- 
ing their  courts.     They  are  not  fixed  by  statute. 

Municipal  Courts. — The  general  jurisdiction  of  municipal  courts  in  civil 
actions  is  limite  d  to  $20,  tlie  same  as  trial  justices.  In  a  few,  the  amount  is 
larger.  The  times  of  holding  such  courts,  in  civil  business,  vary  with  each 
court ;  but  generally  every  week.  Tliese  courts  are  always  open  for  crimi- 
nal bushiess,  and  have  the  same  jurisdiction  as  trial  justices  in  this  respect. 

Trial  Justices  of  the  Peace. — Jurisdiction. — Twenty  dollars,  and  always 
open.     Service  to  be  made  seven  days  before  the  return  day. 

Court  Calendar. — 

SUPREME  JUDICIAL  COURT. 

Jurisdiction.— Ot  n\\c\v\\  and  criminal  matters,  except  in  the  counties  of  Cum - 
bprlund,  Kennebec  and  Aroostook.  The  superior  court  takes  all  the  criminal  juris- 
diction and  the  exclusive  jurisdiction  in  civil  cases  not  exceeding  five  hundred 
dollars,  and  concurrent  above  that  sum. 

TIMES  FOR  HOLDIXG  TRIAL  TEP..MS  OF  TUE  SUPREME  JUDICIAL  COURT. 

Counly.  County  Seat.  When  held. 

AndroscoK!i;in  .   .  .  Auburn ^d  Tues.  of  Jan.,  April  and  Sept. 

Aroosiuok Houlton Last  Tues.  of  Feb.  and  3d  Tues.  ol  Sept. 

Cumberland    .  .   .Portland 2d  Tues.  of  Jan.,  April  and  Oct. 

Franklin Farmin'^ton 1st  Tues.  of  March  and  4th  Tues.  of  Sept. 

Hancock Ellsworth ■.2d  Tues.  of  April  and  Oct. 

Kennebec Augusta.  -. 1st  Tues.  of  March  and  3d  Tues.  of  Oct. 

Knox       Rockland 2d  Tues.  of  March  and  Dec,  and  3d  Tues. 

of  Sept. 

Lincoln Wiscasset U,h  Tues.  of  April  and  Oct. 

Oxford I'aris 2d  Tups,  of  Fob.   and    Oct.  and  1st  Tues. 

of  May. 

Penobscot Rancor 1st  Tues  of  Jan.,  April  and  Oct. 

Piscataquis    .   .   .   .Dover Last  Tues.  of  Feb.  and  2d  Tues.  of  Sept. 

Sagadahoc Bath 1st  Tues.  of  April  and  3d  Tues:  of  August 

and  Dec. 

[Maine  ".] 


MAINE.  361 

Counti/.  Counly  Seal.  When  held. 

Somerset N'orridtjewook    .   .   .  .  3d  Tues.  of  Mfiroh  and  Dec.  1st  Tues.  Sept. 

Waldo Belfast 1st  Tues.   of  Jan.  and  ;id  Tues.  of   April 

and  Oft. 

Washington.  .   .  .  Machias 1st  Tues.  of  .Tan.  and  Oct. 

Ciilias 4rh  Tues.  of  April. 

York Saco 1st  Tues.  of  .Tan. 

Alfred :id  Tues.  of  May  and  Sept, 

Law  Tvrms  of  Supreme  Judicial  Court. —At  Augusta,  4th  Tues.  of  May. 

.\t  Hanj^or,  -'M  Tues.  of  June. 
At  Portland,  3d  Tues.  of  July. 

SUPERIOR  COURT,  CUMBERLAND  COUNTY. 

./■urwdtcrton— Exclusive  to  the  amount  of  five  hundred  dollars,  and  concurrent 
a,bove. 

SUPERIOR  COURT,  KENNEBEC  COUNTY. 

TarvM.— At  Augusta,  1st  Tues  of  Feh.  and  2d  Tues.  of  June,  for  civil  causes  ex- 
clusively ;  on  1st  Tues.  of  April,  Sept.  and  Dec,  for  civil  and  criminal  causes. 

SUPERIOR  COURT,  AROOSTOOK  COUNTY. 

Terms— At  Caribou,  1st  Tues.  of  Dec  and  May.     At  Iloulton,  1st  Tues.  of  Nov. 
and  April. 

Deeds. — Any  intere.st  in  lands  whether  grantor  is  seized  or  not,  pa.sses  by 
deeil,  which  ninst  have  a  seal ;  a  scroll  is  not  sufficient.  One  witness  i.s 
u.siial,  but  is  not  required  except  for  proof  of  deed  for  want  of  acknowledj^- 
inent.  Before  they  can  be  recorded  they  must  be  acknowledged  by  one 
grantor  before  a  justice  (jf  tlie  peace,  or  notary  public  in  tliis  state,  a  justice, 
notary,  or  magistrate  in  any  other  s^tate,  or  United  States  minister  or  consul 
or  notary  abroad,  and  the  acknowledgment  certified.  Cominissiouens  for 
this  purpose  are  appointed  to  act  in  other  jurisdictions.  No  certificate  of 
capacity  of  per.son  taking  acknowledgment  is  required  by  statute,  but  it  is 
usual.  Want  of  acknowledgment  is  supplied,  where  grantor  refuses,  by 
proof  of  execution  by  subscribing  witness  only,  before  a  justice  of  the 
peace,  on  notice  to  tlie  grantor,  a  copy  of  the  deed  in  the  registry  operating 
in  the  mean  time  as  a  record  fur  forty  days  ;  and  when  the  grantor  dies  or 
departs  from  tlie  state,  without  acknowledgment,  by  proof  before  a  court  of 
record  by  subscribing  witness,  or,  in  case  of  his  death,  by  other  testimony. 
These  proceedings  must  be  within  the  state.  No  interest  in  real  estate 
greater  than  a  tenancy  at  will  can  be  created  except  by  writing. 

Wife  releases  dower  by  signature  to  the  husband's  deed,  containing  apt 
words  of  release,  or  by  separate  deed.  Hu.sband  nnist  join  with  wife  in  con- 
veying land  directly  or  indirectly  conveyed  to  her  by  her  husband  or  paid 
for  by  liim,  or  given  or  devised  to  her  by  his  relatives, — not  othei"wise  except 
to  release  his  interest  in  the  nature  of  dower.  Deeds  by  an  agent  may  be 
executed  in  his  name  for  his  principal. 

Unless  otherwise  expressed,  conveyances  to  two  or  more  create  a  tenancy 
in  common,  unless  in  mortgage  or  trust,  when  they  create  joint  tenancy.  A 
conveyance  of  a  greater  estate  than  grantor  has  passes  what  he  has  and 
works  no  forfeiture.      One  seized  in  tail  may  convey  in  fee  simple. 

The  usual  form  of  acknowledgment  is  : 

Static  of  M.\ixe,  ;• 

County  of  Cumberl.vnd.  *i  '^  ' 

.July  1,  188 — .  Personally  appeared  the  above  named  (grantor's  name 
here)  and  acknowledged  the  foregoing  instrument  to  be free  act  and  deed. 

Before  me, .Justice  of  the  Peace. 

If  acknowledged  by  an  agent  of  a  corporation,  it  shouhl  be  "the  free  act 
and  deed  of  the  said  (corporation  by  name)."  If  the  ofii(H'r  be  a  commis- 
sioner in  another  state,  or  any  other  officer  having  a  .seal,  add  :  '"  In  witness 
whereof  I  have  hereunto  set  my  hand  and  seal  on  the  day  and  the  year  above 
named." 
[Maine.  4.1 


362  MAINE. 

Depositions. — May  be  taken  out  of  the  state  in  causes  peudinj;-  on  com- 
mission directed  to  any  person  specially  appointed,  witli  intei-rogatoi'ies  and 
cross-interrogatories  annexed,  which  are  propounded  to  the  witness  by  sucli 
person,  and  his  answers  written  and  signed,  and  the  answers  are  annexed  to 
the  commission,  with  a  certificate  of  the  person  to  whom  it  is  directed, 
showing  that  he  has  complied  with  the  instructions  contained  in  the  commis- 
sion. They  may  also  be  taken  before  a  justice  or  notary,  on  Avritten  notice 
of  time  and  place  given  to  the  adverse  party,  or  one  of  them,  by  a  justice  or 
notary,  allowing  one  day  for  every  twenty  miles  of  travel.  Depositions  of 
adverse  parties  may  be  taken  on  commission,  but  not  on  notice.  But  if  de- 
ponent lives  in  the  town  where  the  trial  is  had,  his  deposition  cannot  be  used 
on  trial  unless  he  has  died  or  removed,  lujr  in  any  case  if  he  is  produced  in 
court,  or  if  the  cause  for  which  the  deposition  is  taken  has  ceased  to  exist. 
Written  notice  is  served  by  reading  or  copy ;  verbal  notice  by  magistrate  in 
person  is  sufficient.  Counsel  or  parties  attend  at  the  time  and  place  and 
examine  on  verbal  or  written  interrogatories.  Witness  maybe  comi)elled  to 
appear  and  testify  by  summons,  and,  if  recusant,  by  capias  and  imytrison- 
ment.  Deponent  is  sworn  to  tell  the  truth,  the  whole  truth,  and  nothing 
but  the  truth.  The  deposition  is  written  by  the  magistrate  or  a  disinterested 
person  in  his  presence,  read  to  deponent,  and  signed  by  him.  The  magis- 
trate makes  a  certificate  .stating:  1.  That  deponent  was  duly  sworn. 
2.  How  written,  and  if  by  any  other  person  than  the  magistrate,  by  whom, 
that  it  was  in  his  presence,  and  that  he  was  disinterested.  3.  Whether  the 
adverse  party  was  notified  and  attended.  4.  Cause  and  parties.  5.  Tribunal 
and  time  and  place  of  trial.  6.  Cause  of  taking  same.  Depositions  so 
taken  are  sealed  up  by  the  magistrate  and  delivered  to  the  court  or  persons 
before  whom  the  case  is  to  be  tried.  Such  depositions  may  be  taken  to  be 
used  in  all  civil  causes,  suits  for  partition  of  land,  divorce,  review,  and  trials 
before  referees  and  county  commissioners,  and  in  contested  elections.  They 
may  be  taken  out  of  the  state  in  the  same  manner,  and  are  admitted  or  re- 
jected in  the  discretion  of  the  court.  Depositions  in  perpetuam  may  be 
taken  in  or  out  of  the  state. 

Form— DEPOSITIONS. 
State  op  Maine.  > 
County  of .  \     ' 

On  this day  of ,  18 — ,  personally  appeared  before  me,  a (name 

and  title  of  officer),  the  within  named  deponent,  and,  having  first  been  sworn 
to  testify  the  truth,  the  whole  truth  and  nothing  but  the  truth  relating  to 
the  cause  for  which  his  deposition  was  taken,  gave  and  subscribed  the  fore- 
going deposition  in  answer  to  the  direct  and  cross  interrogatories  attached, 
which  was  reduced  to  writing  by  me.  This  deposition  was  taken  at  the  re- 
quest of ,  and  to  be  used  in  an  action  of now  pending  between  him 

and ,  and  to  be  tried  in  the  supreme  judicial  court  next  to  be  held  at 

within  and  for  the  county  of ,  on  the day  of ,   18 — . 

Iti  teHtuiioiiy  whereof,  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal  the  day  and  year  first  above  written. 

[l.  s.]  {Signature  and  title  of  officer.) 

Descent  of  Property. — Real  Estate  descends  :  1.  In  equal  shares  to 
children  and  issue  of  deceased  children,  per  stirpes.  If  no  child  living,  to 
lineal  descendants,  if  all  of  the  same  degree,  per  capita;  if  not,  per  stirpes. 
2.  If  no  issue,  to  the  father.  .3.  If  no  issue  or  father,  to  mother,  brothers, 
and  sisters,  and  to  children  or  grandchildren  of  deceased  brother  or  sister, 
per  stirpes.  4.  If  no  issue,  father,  brother,  or  sister,  to  the  mother  to  the 
exclusion  of  issue  of  deceased  brotliers  or  sisters.  5.  If  none  of  the  fore- 
going, to  next  of  kin  claiming  through  nearest  ancestor.  0.  Estate  of 
minor  deceasing  unmirried,  inherited  from  either  parent,  goes  to  the  chil- 
<lren  of  same  parent,  and  issue  per  capita,  if  of  same  degree,  otherwise  per 
stirpes.     7.  If  no  kindred,  it   goes   to   husband   or   wife  ;  failing    these,    it 

[Maine  r>.l 


MAINE.  363 

escheats  to  tlic  state.  Degrees  arc  computed  by  eivil  hiw.  Half  blood  in- 
herits same  as  whole.  Since  March  24,  \HM,  an  jUegitiniate  child  is  heir  to- 
parents  who  intennarry  ;  is  heir  of  his  mother  in  any  case,  and  of  a  person 
who  makes  the  requisite  acknowledgment  that  he  is  his  father.  If  his  jiar- 
ents  intermarry  and  liave  other  children,  or  liis  father  so  acknowledges  or 
adopts  him,  lie  inherits  lineally  and  collaterally  as  if  legitimate,  but  not 
otherwise.  An  illegitimate  child  dying  intestate  without  lawful  issue,  his- 
estate  descends  to  his  mother,  or  her  lieirs  if  she  is  dead,  unless  such  child 
leaves  a  husband  or  widow,  who  takes  half. 

Personal  Estate. — Descends  in  the  same  way,  aside  from  wliat  is  allowed 
to  the  widow  by  the  law  and  the  court,  subject  to  the  following  rules  :  IT 
the  intestate  leaves  a  widov.'  and  issue,  she  takes  one  third,  if  no  issue  one 
half,  if  no  kindred  the  whole,  and  the  husband  the  same. 

Divorce. — The  grounds  are  adultery,  impotency,  extreme  cruelty,  utter 
desertion,  continued  for  three  consecutive  yeai's  next  prior  to  the  filing  of 
the  libel,  gross  and  confirmed  habits  of  intoxication,  cruel  and  abusive  treat- 
ment ;  or  on  the  libel  of  the  wife,  where  the  husband,  being  of  sufficient 
ability,  grossly  or  wantonly  neglects  to  provide  suitable  maintenance  for  her. 

Dower. — Is  as  of  common  law.  Husband  has  the  same  if  estate  is  solv- 
ent ;  and  if  no  issue  and  estate  solvent,  either  husband  or  wife  takes  one 
lialf  of  the  other's  real  estate  for  life.  Hiisbaud  has  no  curtesy  since 
March  22,  1844. 

Estates  of  Deceased  Persons. — Executors  and  administrators  are  ap- 
I)ointed  by  the  probate  court  at  any  time  within  twenty  years  after  death. 
They  give  bond  for  personal  property,  except  executors  who  are  excused  by 
will.  They  dispose  of  personal  property,  account  to  probate  court,  and 
divide  after  paying  debts  ;  may  sell  real  estate  to  pay  debts,  or  such  as  is 
taken  on  mortgage  and  in  some  other  cases,  by  obtaining  license,  taking  the 
oath,  and  giving  special  bond.  Non-residents  may  be  appointed,  but  must 
name  an  agent  within  the  state.  Estates  are  appraised  by  three  appraisers 
appointed  by  the  court.  Special  administrators  may  be  appointed  jiending* 
appeals.  Persons  susjiected  of  concealing,  etc.,  property,  may  be  cited  and 
examined,  compelled  to  answer  by  imprisonment,  and  are  liable  to  an  actiou 
for  refusal  to  any  party  injured.  Persons  interested  in  probate  bonds,  hav- 
ing obtained  leave  of  the  probate  court,  or  whose  interest  has  been  specific- 
ally determined  by  decree  or  judgment,  may  bring  suit  in  the  name  of  the 
judge. 

Evidence. — (See  Testimomj.) 

Executions. — Issue  after  twenty-four  hours  and  within  one  year,  rcturn- 
iible  in  three  months,  and  may  be  I'enewed  at  any  time  within  ten  years  from 
the  return  day.  On  judgments  on  default  against  absent  defendants,  no 
execution  issues  for  one  year  unless  plaintitt'  files  a  bond  to  repay  if  reversed 
on  review  brought  witliin  one  year.  Levy  in  such  cases  is  not  invalid  if  the 
bond  is  omitted  by  accident.  In  cross  actions  against  foreign  plaintiffs,  one 
defendant  may  set  oft' his  judgment  or  execution  against  judgment  or  execu- 
tion against  all. 

Levy  of  Execution. — May  be  made  on  all  attachable  property.  On  real 
estate,  by  appraisal  by  three  appraisers,  chosen  one  by  each  party  and  one 
by  the  officer,  and  describing  it  by  metes  and  bounds  or  otherwise,  so  as  to 
identify  it  as  land  set  off'  to  the  creditor.  If  land  is  subject  to  a  mortgage 
it  may  be  taken  in  the  same  way,  deducting  value  of  the  mortgage  or  equity 
of  rcdempticm.  Estates  tail  are  taken  as  estates  in  fee  simple.  All  interest 
of  debtor  passes  unless  larger  than  that  levied  on.  When  it  cannot  be  de- 
scribed, levy  is  made  on  profits.  If  it  cannot  be  divided  without  injury,  a 
part  may  be  set  off  in  common.  Levy  on  estates  for  years  may  be  made  by- 
appraisal  or  on  rents  and  profits.  Laud  fraudulently  conveyed  by  the  debtor 
[Maine  6.] 


364  MAINE. 

or  of  wliich  he  lias  been  disseized,  may  be  levied  on  as  his.  Rights  to  coii- 
\'eyance  under  contract,  interests  by  possession,  and  improvement  and 
estates  for  life,  may  be  sold.  Lands  of  banks  or  manufacturing  coi-jiorations 
•and  their  titles  as  mortgages  may  also  be  sold.  Levy  must  be  recorded 
within  three  months  after  levy,  to  be  good  against  intervening  title  ;  and 
Tvithin  thirty  days  after  judgment,  to  hold  under  attachment  on  mesne  pro- 
cess. Real  estate  levied  on  in  either  way  may  be  redeemed  in  one  year 
thereafter,  and  such  right  may  be  attached  and  sold  on  execution.  Absent 
defendant,  defaulted  without  service,  or  other  notice  than  publication,  may 
redeem  in  three  months  after  proceedings  for  a  review  are  ended,  if  begun 
in  six  months  after  levy.  Franchises  of  railroad  corporations  entitled  to 
take  toll  are  levied  on  by  sale  to  bidder  who  will  take  the  use  for  the  short- 
est time  k)  satisfy  debt. 

On  Goods  and  Chattels. — Money,  and,  if  creditor  accepts,  evidences  of 
indebtedness  circulated  as  money  at  par  value,  may  be  applied.  Other  goods 
and  chattels  are  kept  four  days  and  sold  by  public  auction  after  forty-eight 
hours'  notice.  Licumbered  chattels  may  be  sold  by  paying  incumbrances, 
ior  subject  to  them  without  paying.  ^ 

Executors. — (,See  Estates  of  Deceased  Persons.) 

Exemptions. — The  following  ^yersonal  property  is  exempt  from  attach- 
ment and  levy  :  AVearing  apparel,  one  hundred  dollars'  worth  of  household 
iurniture  necessary  for  family,  one  bedstead,  bed  and  bedding  for  each  two 
members,  family  portraits,  bibles,  school-books  in  actual  use  ;  copy  of  state 
statutes,  library  worth  one  hundred  and  fifty  dollars,  pew  in  use,  one  cook- 
ino-  and  all  iron  wanning  stoves,  charcoal,  twelve  cords  of  wood  at  home  for 
use  ;  five  tons  of  antliracite  and  fifty  bushels  of  bituminous  coal,  ten  dollars' 
worth  of  lumber,  wood  or  bark,  all  produce  till  harvested,  one  barrel  flour, 
-tliirty  bushels  of  corn,  grain,  and  potatoes,  half  an  acre  of  flax  and  manu- 
factures therefrom  for  vise,  tools  of  trade,  sewing  machine  worth  one  hun- 
•dred  dollars,  one  pair  of  working  cattle,  or  one  pair  of  horses  or  mules 
worth  three  hundred  dollars,  and  hay  to  keep  them  through  the  winter,  one 
ihamess  worth  twenty  dollars  for  each  horse  or  mule  ;  a  horse  sled  or  ox 
•sled,  two  swine,  one  cow  and  a  heifer  under  three  years,  or  two  cows  if  no 
oxen,  horse,  or  mule,  ten  sheep  with  their  wool  and  lambs  until  one  year 
■old,  hay  sufficient  to  keep  them  through  the  winter,  fifty  dollars'  worth  of 
'domestic  fowl,  one  plow,  one  cart  or  truck  wagon,  one  harrow,  one  yoke 
with  bows,  ring,  and  staple,  two  chains,  one  ox  sled;  one  mowing  machine, 
one  boat  of  two  tons  employed  in  fishing  and  owned  exclusively  by  an  in- 
habitant of  the  state,  life  and  accident  insurance  policies,  except  excess  of 
.ainuial  cash  premium  for  two  years  above  one  hundred  and  fifty  dollars. 

Real  Estate. — Lot  of  land  and  buildings  worth  five  hundred  dollars,  if 
-owner  files  required  ceitifieate  in  registry  of  deeds,  is  exempt  as  a  homestead 
from  all  attachments  except  for  liens  of  mechanics  and  material-men  ;  also 
one  cemetery  lot. 

Factors. — {^ee  Liens.) 

•Garnishment. — (See  Trustee  Process.) 

Homestead. — (See  Exemptions. ) 

Insolvent  Laws  and  Assignments. — The  courts  of  probate  in  tlie  sev- 
eral coujities  are  made  courts  of  insolvency.  Proceedings  in  insolvency  are 
had  only  when  de))ts  are  not  less  than  three  hundred  dollars  ;  are  both 
voluntary  and  involuntary,  and  are  carried  on  in  the  county  where  debtor 
resides,  or  from  which  ho  hrts  absconded  within  six  months,  leaving  property 

therein. 

[Maine.  7.] 


MAINE.  .^65 

In  voluntary  proceeding's,  the  debtor  applies  by  petition,  settinj^  forth  his- 
inability  to  pay  liis  debts  and  his  willintrness  to  assifrn  his  property  for  hi»- 
creditors.  A  warrant  then  issues  on  wliich  the  sheriif  takes  jjossession  of 
the  estate  and  papers,  and  notice  is  given. 

Involuntary  proc^eedini^s  are  commeneed  by  one  or  more  creditors  alleging 
that  they  believe  their  del)ts  to  be  more  than  one-fourth  of  the  whole,  that 
debtor  is  msolvent  and  it  is  for  the  best  interests  of  liis  creditors  that  lii» 
assets  be  divided  under  the  act.  A  warrant  issues  for  attachinjj  all  his- 
property  in  the  state  and  forbidding  any  disposition  of  it.  Notice  is  given 
to  the  debtor,  and  the  warrant  may  be  revoked  on  hearing.  If  not,  a  like 
warrant  issues  as  in  voluntary  proceedings.  The  messenger  takes  posses- 
sion of  the  estate  and  notifies  tlie  first  meeting  of  creditors,  who  then  choose 
an  assignee  by  majority  in  number  and  value,  subject  to  the  approval  of  the 
judge,  who  may  set  aside,  order  a  new  election,  appoint  others,  or  remove 
for  cause.  Assignees  are  required  to  give  bond  on  application  of  creditors 
holdmg  one-fourth  of  the  debts. 

Claims  may  be  proved  at  any  time  before  final  dividend,  as  follows  :  All 
debts,  with  rebate  of  interest  on  those  not  yet  paj-^able,  unless  interest  is 
provided.  Demands  for  conversion  of  personal  property.  Contingent  liabili- 
ties share,  if  they  become  fixed  before  final  dividend,  or  present  value  may 
be  determined.  Any  person  liable  as  surety,  etc.,  may  have  benefit  of  divi- 
dend, whether  the  creditor  proves  or  not,  by  proving  in  his  name  or  other- 
wise.    Debts  like  rent  falling  due  at  stated  periods  may  be  apportioned. 

Proof  is  made  before  the  register  of  the  insolvent  court  without  expense, 
or  before  any  justice  of  the  peace  or  notary  public  at  the  creditor's  expense,. 
by  the  creditor  or  his  authorized  attorney,  in  the  following  form  : 


State  of  Main?;,      ]  <-<       4.    <•  t       i 

County  of  $  ''■     ^  *^'"^  «^  Insolvency. 


In  the  case  of ,  insolvent  debtor     .     I,  ,  of ,  in  the  county 

of ,  do  swear,  that  the  said  ,  by  or  against  whom  proceedings  in  in- 
solvency have  been  instituted   in  said  court,  for  said  county  of ,  at  and 

before  the  commencement  of  such  i^roceedings, still justly  and 

truly  indebted  to  me, in  the  sum  of dollars  and  cents  ;  that 

the  evidence  of  said  debt  is  hereto  annexed  and  marked  "Exhibit  A  ;"  that 

the  consideration  for  said  indebtedness  was  and  is ,  that  the  credit  to  bo 

given  upon  said  claim  is, ,  that  I, ,  hold  as  security  upon  said  claim, 

,  a  copy  of  which is  hereto  annexed,  and  is  marked  "Exhibit  B  ;" 

that  this  is  the  only  security  I hold  upon  said  claim,  and  I have  not 

nor  has  any  other  person  for  me ,  to  my ■  knowledge  or  belief  received 

any  other  security  or  satisfaction  whatever  in  the  premises. 

And  I,  ,  do  furtlier  swear,  that  said  claim  was  not  procured  by  me,. 

,  for  the  purpose  of  influencing  the  proceedings  in  this  case. 

And  I,  ,  do  further  swear,  that  I ,  have  not,  nor  has  any  other 

person  to  my ,  knowledge  or  belief,  directly  or  indirectly,  entered  into 

any  bargain  or  agreement,  express  or  implied,  whereby  I, am •  to 

receive  any  exclusive  benefit  hereafter,  or  whereby  my  — — -  vote  for  assignee,. 

or  my assent  to  the  said  debtor's discharge,  or  any  action  on  my 

l)art  in  such  proceedings,  has  been,  is,  or  shall  be  in  any  way  affected, 

influenced  or  controlled.  (Deposing  creditor.) 

The  messenger  may,  by  order  of  court,  upon  jTetition  of  any  party  inter- 
ested, sell  in  such  manner  as  the  court  directs,  any  portion  of  the  estate. 
Upon  the  election  of  assignee,  the  messenger  shall  deliver  to  him  all  property 
held  by  him,  or  cash  received  by  him  for  any  goods  sold.  If  debtor  d  ies 
after  commencement  of  proceedings,  the  same  shall  be  continued  and  con- 
cluded with  same  effect,  as  if  he  had  lived.  The  judge  may  make  allowance 
to  the  widow  or  minor  children.  Secured  creditors  can  not  vote  without  first 
filing  with  the  register,  a  discharge  of  his  security, 
[Maine  8.1 


5G6  MAINE. 

All  debts  due  from  the  debtor  at  the  time  of  the  filing  of  the  petition  may 
be  proved  against  the  estate  of  the  insolvent.  All  demands  for,  or  on  ae- 
-count  of,  any  goods  or  chattels  wrongfully  taken,  converted,  or  withlield  by 
the  insolvent,  may  be  proved  and  allowed  as  debts,  to  the  amount  of  the  value 
of  the  property. 

Any  person  liable  as  bail,  or  otherwise,  for  the  insolvent,  who  shall  havo 
paid  the  debt,  or  any  part  thereof,  in  discharge  of  tlie  whole,  shall  be  entitled 
to  prove  such  debt,  or  to  stand  in  the  place  of  the  creditor,  if  the  creditor 
has  proved  the  same,  although  such  payments  shall  have  been  made  after  the 
proceedings  in  insolvency  were  commenced.  And  any  person  so  liable  for 
the  insolvent,  and  who  has  not  paid  such  debt,  but  is  still  liable  for  the  same 
or  any  part  thereof,  may,  if  the  creditor  fails  or  omits,  upon  request,  to  prove 
such  debt,  prove  the  same  either  in  the  name  of  the  creditor  or  otherwise, 
subject  to  such  regulations  and  limitations  as  may  be  established  by  rules 
of  court. 

Estate  is  applied :  1st.  To  costs  of  proceedings;  2d.  To  taxes  and  debts 
due  town,  county,  state,  or  United  States  ;  Bd.  To  wages  of  operative  earned 
within  six  months,  not  over  fifty  dollars  ;  4th,  As  often  as  enough  is  received 
twenty-five  per  cent,  is  paid  on  other  claims,  andfinal  dividend  when  ordered 
by  the  court.     The  debtor  and  any  other  person  may  be  examined. 

Discharge  is  granted  from  all  debts  provable,  except  those  created  by  fraud 
or  embezzlement,  defalcation  as  a  public  officer,  or  in  any  fiduciary  capacity  ; 
does  not  release  any  person  jointly  liable  witli  debtor  ;  is  not  granted  a  second 
time,  unless  a  majority,  nor  a  third  time  withovit  three-fourths  of  his  credi- 
tors in  number  and  value  assent.  Discharge  is  denied  if  debtor  has  :  1st. 
Sworn  falsely ;  2d.  Concealed  property,  books,  or  ])apers  ;  3d.  Paid  or  se- 
cured any  debt  or  liability  of  or  ft)r  him,  within  the  prohibited  four  months  ; 
4th.  Caused  his  effects  to  be  attached ;  5th.  Destroyed^  altered,  mutilated, 
or  falsified  books  or  papers  ;  Gth.  Been  privy  to  any  false  or  fraudulent  en- 
try ;  7tli.  Removed  or  allowed  removal  of  his  property — either  of  the  fore- 
going being  witli  intent  to  defraud  his  creditors,  or  to  give  an  illegal  prefer- 
ence ;  8th.  Made  any  fraudulent  transfer  of  property  ;  9th.  Known  of  any 
fictitious  debt  proved  against  estate,  and  has  not  disclosed  the  same  ;  10th. 
Failed  to  keep  a  cash  book  and  other  proper  books  of  account,  since  the  pas- 
.sage  of  the  act,  if  a  m.erchant  or  trader.  Discharge  is  void,  if  assent  of 
creditor  is  procured  by  pecuniary  consideration,  or  promise  for  the  future, 
and  may  be  annulled  within  two  years  after  it  is  granted,  if  causes  were  not 
known  at  time  of  discharge.  Suits  and  arrest  are  suspended,  pending  insol- 
vency proceedings.  Composition  may  be  effected  by  an  affidavit  of  the 
debtor  negativing  fraud,  preference,  or  promise  of  same,  and  an  agreement 
signed  by  majority  in  number  of  the  creditors,  whose  debts  exceed  fifty  dol- 
lars each,  and  by  creditors  holding  three-fourths  of  all  his  indebtedness,  and 
a  discharge  is  granted,  which  is  void  if  any  signature  is  obtained  by  fraud, 
or  any  material  statement  in  affidavit,  or  schedule  of  debtor  is  false  to  his 
knowledge.  If  discharge  is  not  granted,  debt  may  be  collected,  less  divi- 
dends. 

Penalties  are  pi-ovided  against  debtor  for  concealing  property  and  papers  ; 
against  others,  for  aiding  the  same  or  making  fraudulent  jjurchase,  or  agree- 
ment to  purchase  ;  against  messenger  and  assignee,  for  fraudulently  dis- 
l)osing  of  estate.  In  each  case  the  penalty  is  imprisonment  not  more  than 
one  year,  or  fine  of  not  over  five  hundred  dollars. 

Partnerships  may  be  declared  insolvent ;  either  partner  may  file  petition. 
Estates  of  each  mcmlier  are  kept  separate,  anfl  applied  to  the  claims  against 
the  estates  respectively  ;  assignee  is  chosen  by  partnership  creditors.  Dis- 
charge is  granted  or  refused  to  each  partner  separately. 

Corporations  are  subject  to  these  provisions,  if  carrying  on  any  private 
luisiness  ;  not  to  include  corporations  engaged  in  a  business  involving  public 
duties  and  obligations,  among  which  are  railroads,  banks,  gas  and  water 
companies.  Coiporation  is  not  discharged  nor  liability  of  .stockholders 
aflected. 

[Maine  9.] 


MAINE.  367 

.Vllowauco  may  1)'.'  made  to  the  debtur  for  siqiport  out  of  estate  pending 
l)roceeding:s. 

Appeals  lie  to  the  supreme  judicial  court:  1st.  Decision  on  application 
fordisciiarjre  ;  2(1.  Decision  on  application  to  annul  discharge  ;  ;>d.  Decision 
on  proof  of  debt.  Appeals  may  be  tried  by  jury,  and  exceptions  taken  and 
determined  T)y  law  i-ourt.  The  same  court  has  full  equity  jurisdiction  in  all 
matters  arising  under  the  act. 

Assigjiments  may  be  made  to  the  register  of  the  court,  by  persons  owing 
less  than  tiiree  hundred  dollars.  The  assignor  submits  to  an  examination  by 
creditors,  which  is  limited  to  the  time  since  debts  accrued.  If  the  examina- 
tion is  not  found  to  be  untrue  or  inconsistent  with  the  oath,  which  is  in  sub- 
.stam^e  that  he  has  not  made  over  or  concealed  property  to  defraud,  the  oath 
is  administered  and  tlie  debtor  is  discharged  from  arrest  on  any  bebts  then 
existing,  but  not  from  debts. 

No  dei)t  created  by  the  fraud  or  embezzlement  of  the  insolvent,  or  by  his 
defalcation  as  a  public  officer,  or  while  acting  in  any  fiduciary  character,  is 
discharged  by  proceedings  in  insolvency  under  this  act  ;  but  such  debt  may 
be  proved,  and  the  dividend  thereon  shall  be  a  payment  on  account  of  such 
debt.  No  discharge  shall  release,  discharge,  or  att'ect  any  perscni  liable  for 
the  same  debt  for,  or  with  the  insolvent,  either  as  partner,  joint  contractor, 
indorser,  surety,  or  otherwise. 

The  disi;harge  releases  the  debtor  from  all  debts  and  liabilities,  which 
might  have  been  proved  against  his  estate,  but  does  not  discharge  debts  due 
to  citizens  of  other  states,  vinless  they  become  ])arties  to  the  insolvency  pro- 
ceedings— or  prove  their  debts  ;  it  may  be  proved  by  simple  averment  that 
on  the  day  of  its  date,  such  discharge  was  granted,  setting  forth  copy  of 
such  discharge  which  .sei)arates  as  a  bar  to  all  suits  brought  on  any  such  debt 
or  liability. 

Any  creditor  may  contest  the  validity  of  the  discharge,  at  any  time  within 
two  years  after,  by  application  in  writing  to  the  court,  setting  forth  the  sev- 
eral acts  it  is  intended  to  prove.  If,  at  the  hearing  thereon,  the  court  finds 
that  the  fraudulent  acts  set  forth  by  the  creditor  are  proved,  and  that  the 
creditor  had  no  knowledge  of  the  same  until  after  the  granting  of  the  dis- 
charge, the  discharge  of  the  debtor  shall  be  annulled  ;  but  if  the  fraudulent 
acts  are  not  proven,  the  validity  of  the  discharge  is  not  affected  by  the  pro- 
ceedings, and  appeal  may  be  had  to  supreme  judicial  court  for  the  county  ; 
at  the  re(iucst  of  either  party,  jury  trial  may  be  had  as  to  issues  of  fact,  and 
exceptions  as  to  law  may  be  certified  to  the  chief  justice  of  said  court. 

No  claim  purchased  after  the  warrant  in  insolvency  has  issued,  shall  be 
set  off  against  a  claim  due  the  estate  prior  to  such  piirchase.  No  creditor 
can  commence  or  maintain  any  suit  upon  any  claim  which  he  has  proved  m 
insolvency,  until  after  a  discharge  lias  been  refused,  provided  the  debtor 
shall  proceed  with  reasonable  diligence  to  obtain  his  discharge,  and  no  debtor 
against  whom  a  warrant  in  insolvency  has  been  issued,  shall  be  liable  to 
arrest  on  mesne  process  or  execution,  where  the  claim  was  provable  in  insol- 
vency during  the  pendency  of  the  insolvency  proceedings,  unless  the  same 
shall  be  unreasonably  protracted  by  the  fault  or  neglect  of  such  debtor. 

If  any  ])erson  being  insolvent,  or  in  contemplation  of  insolvency,  within 
f(mr  months  before  the  issuing  of  the  warrant,  with  a  view  to  give  a  ]>refer- 
cnce  to  any  creditor  or  person  having  a  claim  against  liim,  i)rocures  or  suffers 
any  part  of  his  property  to  be  attached,  or  seized  on  exccutiim,  or  makes 
any  payment  or  conveyaiu-e  of  any  pai't  of  his  property,  either  directly  or 
indirectly,  absolutely  or  conditionally,  the  person  receiving  such  payment  or 
conveyance,  having  reasonable  cause  to  believe  such  person  is  insolvent,  or 
in  contemi)lation  of  insolvency,  and  that  such  ]>ayment  or  conveyance  is  made 
in  fraud  of  the  laws  relating  to  insolvency,  the  same  shall  be  void,  and  the 
assignee  may  recover  the  ])roperty.  or  the  value  of  it,  from  the  person  so 
receiving  it,  or  so  to  be  benefited  ;  but  this  does  not  invalidate  any  loan  of 
actual  value,  upon  a  security  taken  in  good  faith  on  the  occasion  t>f  making 
.such  a  loan. 
[Maine  10.] 


368  MAINE. 

Interest. — Is  six  per  cent.,  if  no  other  rate  is  agreed  on  in  writing.  No' 
usury  laws.  Judgments  and  verdict  bear  interest  at  six  per  cent.  Interest 
not  sijecified  in  contract  runs  from  date  of  demand  or  of  suit. 

Judgment. — On  verdict,  default,  or  non-suit,  or  certificate  from  law  court 
in  tenn  time,  is  rendered  by  a  general  order  at  the  end  of  the  term.  On  such 
certificate  in  vacation,  it  goes  as  of  the  general  order  day  of  preceding  tenn  ; 
but  attachments  and  time  for  disclosures  run  from  the  next  term.  Special 
judgment  is  rendered  for  good  cause  in  any  case,  at  any  time  during  the  term 
when  the  case  is  in  order  for  it.  Judgments  bear  interest  at  six  per  cent. 
They  do  not  constitute  any  lien  on  real  estate,  except  under  an  attachment 
on  mesne  process.  (See  Attachynents.)  Judgment  in  justice  courts  is  rendered 
on  the  return-day  by  default,  if  no  appearance.  Judgments  in  other  courts, 
at  the  end  of  term,  unless  specially  ordered  before.  Judgments  have  no 
priority  upon  debtor's  property,  unless  by  virtue  of  prior  attachment  on 
mesne  process  or  prior  levy.  Recognizances  for  debt  may  be  made  before  a 
justice,  on  which  judgment  will  be  rendered.     See  Actions. 

Liens. — The  following  liens  are  given  by  statute,  to  be  enforced  by  attach- 
ment within  the  periods  specified  for  each :  On  a  house,  building,  or  appur- 
tenances, and  the  interest  of  the  owner  in  the  land,  or  enough  for  a  suitable 
lot,  for  labor  and  materials  furnished  with  the  owner's  consent,  or  under  a 
contract  with  him,  (and,  if  not  under  such  contract,  if  the  owner  gives  no 
notice  that  he  will  not  be  i-esponsible,  and  a  statement  of  claim  is  filed  in  the 
town  clerk's  office  within  thirty  days), — within  ninety  days  after  work  is 
comjileted,  or  last  material  furnished.  On  house  on  leased  land,  for  ground 
rent,  within  sixanonths  after  rent  is  due.  On  lime,  for  personal  service  in 
digging  and  hauling  rock,  and  for  rock  furnished  therefor, — within  thirty 
days  after  lime  is  manufactu.red  or  before  it  is  sold  or  shipped  on  a 
vessel.  On  all  granite  quarried,  cut,  or  dressed  in  a  quarrj'^,  for  wages  of  any 
one  of  those  laboring  in  doing  it, — within  thirty  days  after  it  is  cut  or  dressed, 
or  before  it  is  sold  or  shipped  on  a  vessel.  On  all  slate  mined,  quarried,  or 
manufactuied  in  a  quarry,  for  the  wages  of  any  one  of  those  laboring  in 
doing  it, — within  thirty  days  after  it  arrives  at  the  port  of  shipment.  On 
bricks  while  remaining  in  the  yard  where  burned,  for  labor  iierformed  or 
wood  furnished  in  manufacturing  and  burning  them, — within  thirty  days 
after  they  are  suitable  for  use.  On  hemlock  bark,  for  labor  in  cutting  and 
peeling  it, — within  thirty  days  after  work  is  done  and  before  it  arrives  at 
market.  On  logs  and  lumber,  for  wages  of  laborer  in  cutting,  hauling,  raft- 
ing, and  driving  them,  and  for  cooking  for  such  laborers, — within  sixty  days 
after  arriving  at  their  lilace  of  destination  for  manufacture  or  sale.  These 
liens  take  precedence  of  all  others.  On  vessel  as  follows  :  For  labor  and 
materials  furnished  for  building,  and  on  the  materials  before  used, — within 
four  days  after  launching ;  for  labor  and  materials  furnished  on  contract  and 
completed  after  launching, — within  four  days  after  the  work  is  completed. 
For  use  of  dry  dock  or  marine  railway, — within  four  days  after  the  last  use 
or  occupation.  Keepers  of  inns  and  boarding-houses  have  a  lien  on  goods 
and  personal  })aggage  of  guests  and  boarders;  and  persons  pasturing,  feeding, 
or  sheltering  animals  have  a  lien  on  them,  by  enforced  notice  and  sale, 
after  six  months,  or  by  the  general  provisions  for  enforcing  liens  on  property 
in  possession,  by  a  petition  to  the  court.  Tenants  of  lands  have  a  lien  for 
betterments  if  ousted  after  six  years'  possession.  Attorneys  have  a  lien  on 
judgments  for  costs.  Other  statute  liens  are  of  mortgagees  upon  insurance 
by  mortgagors  on  mortgaged  property,  enforced  by  notice  to  insurer  and 
trustee  process ;  creditors  on  life  policies,  for  excess  of  premium  over  one 
hundred  and  fifty  dollars  ;  see  Exemptions  :  on  vessels,  for  ijcnaltics  for  il- 
legal fishing  ;  on  logs  intermixed  and  driven  by  one  owner,  for  expense  ot 
driving  ;  of  receivers  of  banks,  on  r(!al  estate  of  stockholders  ;  of  mutual 
insurance  companies,  on  buildings  insured,  and  lands  appurtenant  ;  of  owners 
of  one  half  of  mill  or  dam,  for  repairs  on  common  propert.y  ;  of  solvent  cs- 

[Malne  11  ] 


MAINE.  369 

tate  of  intestate  ou  heir's  share,  for  debt  due  from  him  ;  of  part  owner  of 
personal  property  ou  other  share  for  amount  paid  under  attachment  of  it ;  on 
mills  and  dams,  for  damages  by  flowing  ;  of  demandant  of  life  estate,  for 
improvements  paid  for  by  him  ;  of  railroads,  for  food  furnished  to  animals 
transported ;  of  persons  sheltering  abandoned  animals,  on  them ;  on  real 
estate  and  some  other  property,  tor  taxes  ;  on  beasts  going  at  large,  for  dam- 
ages by  them ;  of  factors,  etc.,  ou  goods  in  their  possession,  for  advances, 
etc.  ;  laborers  in  constructing  railroads,  in  employ  of  contractors,  may  re- 
rover  for  labor  against  company,  by  notice,  in  twenty  days  after  labor  is 
completed,  aud  suit  in  six  mouths  after  notice  ;  on  property  disclosed  by  poor 
debtor. 

Limitations  of  Actions. — The  following  actions  must  be  brought  within 
six  years  from  the  arising  of  their  cause  :  Actions  of  waste,  trespass,  re- 
plevin, or  assumpsit ;  for  taking,  detaining,  or  injuring  goods  and  chattels  ; 
for  arrears  of  rent  on  the  case  founded  upon  contracts  or  liability  express  or 
implied,  aud  of  debt  founded  ujiou  contract  or  liability  not  under  seal.  If 
not  otherwise  provided  for  by  statute,  an  action  must  be  begim  within 
twenty  years  after  its  cause  accrued 

Married  Women,  Rights  of  Property. — A  married  woman,  at  whatever 
age,  may  own,  in  her  own  right,  personal  property  acquired  either  by 
descent,  gift,  or  purchase,  and  manage,  sell,  convey,  and  devise  it  by  will 
without  the  assent  or  joinder  of  her  husband ;  and  real  estate  likewise, 
imless  her  husband  directly  or  indirectly  conveyed  it  to  her,  or  paid  for  it, 
or  it  came  to  her  by  gift  or  devise  from  his  relatives,  in  which  cases  the  hus- 
band must  join.  The  property  conveyed  by  a  husband  to  his  wife,  without 
a  valuable  consideration,  may  be  taken  as  the  husband's  property  to  pay  his 
debts  contracted  before  the  transfer.  So  also  may  such  property  of  the  wife 
as  was  paid  for  under  similar  circumstances  from  the  husband's  estate. 

By  an  act  approved  March  22d,  1844,  the  property  of  a  femme  sole  is 
caused  to  be  unaffected  by  marriage.  The  husband  acquires  no  right  to  any 
part  of  it,  if  married  since  that  time  ;  but  a  wife  may  release  to  her  husband 
the  right  to  control  her  separate  estate,  as  to  the  whole  or  in  part,  and  to 
apply  the  income  to  their  mutual  benefit,  and  she  anay  in  writing  revoke 
such  release. 

A  married  woman  may  transact  business,  sue  aud  be  sued  alone  as  if  un- 
married, or  she  may  do  so  jointly  with  her  husband.  When  married  women 
come  from  other  states  or  countries,  and  reside  here  without  their  husbands, 
they  may,  in  all  things  above  mentioned,  act  as  if  unmarried.  But  should 
their  husbands  appear  and  claim  their  rights,  it  is  in  the  eye  of  the  law  as  if 
the  parties  were  but  just  married. 

In  case  of  marriage  since  April  26,  1852,  the  husband  is  not  liable  for  his 
wife's  debts  contracted  before  marriage,  nor  for  those  afterward  contracted 
in  her  own  name  for  any  lawful  purpose  ;  she  alone  is  liable.  Actions  on 
account  of  such  debts  may  be  maintained  against  the  wife,  or  the  wife  and 
husband  together.  Her  property  may  be  seized  on  execution  for  the  debts 
precisely  as  if  she  were  unmarried,  but  the  law  does  not  permit  her  arrest. 

Mechanic's  Liens.— ('9ee  Liens.) 

Minors. — Are  liable  for  torts  equally  with  those  of  full  age,  but  are  not 
liable  on  contracts,  except  for  ncrcenaries,  unless  ratified  in  writing  after 
becoming  of  age.  They  become  of  legal  ago  at  21  years.  Moneys  deposited 
by  minor  in  a  savings  bank  are  his  property  and  he  may  maintain  an  action 
thereon,  but  all  other  cases  he  nuist  sue  by  next  friend.  Where  real  estate 
has  been  conveyed  to  minor  upon  his  agreement  to  pay  for  it,  and  he  retains 
•  the  benefit  of  it,  he  is  liable  upon  his  contract,  and  it  may  be  enforced  after 
he  becomes  of  age,  but  when  he  comes  of  age  he  may  disaffirm  the  contract 
and  release  the  estate,  and  be  discharged  from  his  contract  for  the  price. 
[Maine  12.] 


370  MAINE. 

Mortgages  on  Real  Estate. — Are  deeds  poll,  with  couditiou  of  defeas- 
ance, executed  and  recorded  in  same  manner  as  deeds.  Notes  are  usually 
given  for  the  debt ;  bonds  are  sometimes  used,  They  are  foreclosed  in  three 
years,  or  in  a  less  time — not  less  than  one  year — if  so  stipulated  in  the  mort- 
gage. Absolute  deed  with  bond  back  constitute  a  mortgage.  Foreclosure 
by  taking  possession  is  :  1.  By  judgment  and  possession  taken.  2.  Entry 
by  written  consent  of  mortgagor.  3.  Entry  peaceably,  if  not  opposed,  with 
two  witnesses  who  make  a  sworn  certificate  of  the  fact.  Abstract  of  writ 
and  retui^n,  written  consent,  and  certificate  to  be  recorded  in  same  place  as 
mortgage  within  thirty  days  after  entry.  Possession  must  be  retained. 
Foreclosure  without  taking  possession  is:  1.  By  three  weeks'  notice  in  a 
newspaper,  describing  land,  stating  that  condition  is  broken,  and  claiming 
foreclosure.  2.  By  service  of  same  on  mortgagor,  to  be  recorded  within 
thirty  days  after  last  publication  or  service.  Time  runs  from  possession 
taken,  first  publication,  and  service  of  notice.  Bill  in  equity  lies  for  dis- 
charge of  mortgage  satisfied  and  to  redeem  mortgage  after  tender  or  demand 
for  account  and  refusal,  or  neglect  of  mortgagee  to  furnish  it.  "Writ  of 
entry  may  be  had  for  recovery  of  estate  from  mortgagee  in  possession  after 
mortgage  is  satisfied.  Mortgages  are  discharged  by  an  entry  in  the  margin 
of  the  record,  signed  by  the  mortgagee  personally,  or  by  an  attorney  at  law 
authorized  in  writing,  or  by  a  deed  of  release.  No  statute  exists  in  regard 
to  power  of  sale  mortgages,  but  they  are  in  use  and  recognized  by  the 
courts. 

Notes  and  Bills  of  Exchange. — Three  days  of  grace  are  allowed,  unless 
on  demand.  If  the  third  day  is  on  Sunday,  Janviary  1st,  February  22d,  May 
30th,  July  4th,  Fast  or  Thanksgiving  day,  two  only  are  allowed,  unless  two 
such  days  come  together  and  the  last  is  the  third  grace  day,  or  if  one  of  the 
other  days  falls  on  Sunday  and  it  is  the  second  day  of  grace,  when  four  are 
allowed.  Notarial  protest  of  foreign  or  inland  note,  bill,  or  order  is  proof 
of  the  demand  and  notice. 

If  a  note  is  j^ayable  at  a  place  certain  on  demand,  demand  must  be  proved 
before  suit  begins.  Acceptance  of  bill,  draft,  or  order  and  waiver  of  de- 
mand and  notice  must  be  in  writing. 

Practice. — The  common  law  practice  prevails  generally,  but  in  some 
respects  statutory  changes  have  defined  and  simplified  it. 

Promissory  Notes. — {See  Notes  dud  Bills  af  Exchange.) 

Replevin. — It  lies  to  recover  goods  and  chattels,  unlawfully  detained. 
The  action  is  local,  and  must  be  brought  in  the  county  where  the  goods  are 
detained.  The  plaintiff  must  give  bond  with  sureties  in  double  the  value  of 
the  property,  to  return  the  property,  or  pay  its  value  and  damages  for 
detention,  and  costs  if  such  shall  be  the  judgment  of  the  court,  and  his  bond 
accompanies  the  writ.     Writ  cannot  be  served  till  bond  is  given. 

If  any  person  is  imlawfully  imprisoned,  or  held  in  duress,  he  may  have  a 
writ  of  replevin  on  application  to  the  judge  of  the  supreme  or  superior  court. 
This  remedy  is  rarely  sought,  as  ?inheas  corpus  is  more  convenient. 

Seals. — An  impression  on  paper  for  that  ])urpose,  with  or  without  wax,  or 
a  piece  of  paper  affixed  with  wafer  or  any  adhesive  substance,  is  a  seal.  A 
scroll  is  not  a  seal. 

Stay  of  Execution. — {See  Exec/ f ion.) 

Supplementary  Proceedings. — .Judgments,  erroneous  in  law  or  fact,  may 
be  revei'sed  on  writ  of  error  to  supreme  court.  A  review  may  be  granted 
where  new  evidence  has  been  discovered,  after  trial  in  suit,  which  was  not 
Iruowu  to  the  party,  or  with  reasonable  diligence  could  not  have  been  known 

[Maine  11] 


MAINE.  371 

in  season  to  introduce  on  the  trial.  Our  system  of  pleading  and  practice  is 
based  on  tlie  English  common  law.  Questions  of  law,  arising  on  trial,  are 
reserved  for  the  law  court,  on  exceptions,  or  motion  for  a  new  trial.  In 
criminal  cases,  after  verdict,  a  motion  in  arrest  of  judgment  may  be  filed, 
but  not  in  civil  causes. 

Tax  Law.— There  is  a  lien  on  all  real  estate  for  the  taxes  assessed  there- 
on ;  and  if  the  taxes  are  not  paid  within  nine  months  after  their  assessment, 
the  lands  are  to  be  advertised  and  finally  sold  at  auction  for  the  taxes  and 
expenses ;  and  tlic  owners  of  non-resident  lands  may  redeem  the  same  at 
any  time  within  eighteen  months  after  the  sale  ;  and  tlie  owners  of  resident 
lands  may  redeem  at  any  time  within  two  years  after  the  sale,  by  paying  the 
taxes,  costs,  and  interest  at  twenty  per  cent,  on  resident  lands,  and  twenty- 
five  per  cent,  on  non-resident  hauls. 

Testimony. — Witnesses  are  not  excluded  from  testifyhig  by  reason  of  in- 
terest, unless  one  of  the  parties  to  the  action  is  made  an  heir,  executor,  or 
administrator,  and  in  such  case  deposition  of  a  party  taken  in  life-time  of 
the  other  may  be  used,  and  party  may  testify  to  facts  happening  since  de- 
cease of  other  party,  and  to  those  hapi)ening  before,  if  the  other  party  does, 
and  where  representative  party  is  nominal  only.  Copies  of  deeds  from  reg- 
istry of  deeds  where  party  does  not  claim  as  grantee  or  his  heir  or  justify  as 
his  servant ;  of  documents  or  records  in  otfice  of  ccmsul,  vice-consul,  or 
commercial  agent  of  the  United  States  ;  of  records  in  custom-himse,  are 
evidence  as  originals.  (*SVe  Depositions.) 

Trust  Deeds. — Are  sometimes  but  not  usually  used  for  security,  except 
liy  corporations  issuing  bonds. 

Trustee  Process. — Is  commenced  by  a  writ  in  which  the  trustee  is  alleged 
to  have  goods,  effects,  or  credits  of  principal  defendant  in  his  hands,  when 
damages  are  not  less  than  five  dollars,  and  is  served  by  copy.  The  action 
must  be  returnable  in  some  county  where  a  trustee  lives.  Additional  trus- 
tees may  be  inserted  before  service  on  principal  defendant,  or  after  service 
on  him  is  again  made.  If  principal  is  out  of  the  state,  notice  may  be  or- 
dered as  upon  an  attachment.  All  corporations,  including  towns,  etc.,  may 
be  made  trustees  and  disclose  by  an  agent  or  attorney  or  person  on  whom 
legal  service  is  made.  Non-residents  may  be  charged  as  trustees  if  found 
here.  This  process  may  be  brought  in  nuniicipal  courts  and  before  trial  jus- 
tices. If  the  trustee  discloses  at  the  first  term  he  recovers  costs  out  of  the 
property  or  against  the  plaintiff,  as  the  case  may  be ;  additional  costs  if  out 
of  the  county.  Trustees  about  to  go  away,  or  by  consent  in  any  case,  may 
disclose  before  a  justice  of  the  i)eace.  Disclosure  must  be  sworn  to,  is 
taken  jj/"i/«^/«ae  as  true,  but  may  be  contradicted  by  testimony  by  either 
party.  If  jn-operty  disclosed  is  claimed  by  a  third  person  he  may  become  a 
party  and  try  his  title.  If  a  trustee  cliarged  does  not  pay  over  on  demand 
within  tliirty  days  after  judgment,  scire  fdcias  lies.  Specific  goods  are  sold 
by  the  officer  as  in  other  cases.  No  pci'son  is  t<>  be  charged  as  trustee  by 
reason  of:  1.  Negotiable  paper.  2.  Money  collected  by  him  as  an  officer. 
;->.  Money  in  his  hands  as  a  public  officer.  4.  j\r<mey  due  only  on  a  contin- 
Ijency,  5.  Mcmey  due  on  a  judgment  while  he  is  liable  to  anexecut'on. 
(5.  Wages,  not  over  twenty  dollars,  of  himself,  earned  within  a  month, 
unless  for  neciessaries.  7.  Wages  of  wife  or  minor  cliild.  S.  When  service 
was  by  leaving  copy,  and  paynuuit  made  before  actual  knowledge  of  service. 
1).  Any  amount  <lue  for  board  of  a  member  of  tiie  legislature  during  a 
.session.  Executors  and  administrators  and  ])ersons  receiving  fraudulent 
conveyances  of  personal  property  may  be  held  as  trustee.  Trustees  are 
charged  for  money  not  yet  i)ayable,  but  do  not  i>ay  before  the  time  fixed  by 
the  conti'act. 
'[:\Iaiiir^  tl.] 


372  MAINE. 

Usury. — {See  Interest.) 

Wills. — Property  may  be  disposed  of  by  will,  signed  by  testator  or  some 
person  for  him  at  his  request,  and  in  his  presence,  attested  by  three  persons- 
not  beneficially  interested,  which  is  valid  until  revoked  by  destroying,  by 
subsequent  writing  or  by  operation  of  law  from  change  of  condition.  Real 
estate  acquired  afterwards  may  pass.  A  posthumous  child  not  provided  for, 
and,  unless  the  omission  appears  to  be  intentional,  a  living  child  or  issue  of 
deceased  child  not  mentioned  in  will,  takes  same  share  as  if  the  deceased 
had  died  intestate,  unless  omission  is  intentional.  A  relative  having  a  devise 
and  dying  first,  the  devise  goes  to  his  issue,  if  any.  Devises  of  I'eal  estate 
are  to  be  recorded  as  deeds  are.  "Wills  must  be  proved  and  allowed  by  pro- 
bate court.  Nuncupative  wills  must  be  made  in  last  sickness,  at  testator's 
house  or  where  he  last  resided  for  ten  days  (unless  suddenly  taken  sick  and 
dying  before  returning),  except  in  case  of  mariners  and  soldiers.  Must  be 
reduced  to  writing  within  six  days  or  they  cannot  be  proved  after  six  months. 
Cannot  dispose  of  more  than  one  hundred  dollars  without  three  witnesses,, 
requested  to  be  such. 

Witnesses,— (^See  Testimony.) 


[Maine  15,] 


MAINE. 


373 


ATTORNEYS   IN   MAINE. 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  population. 
Figures  after  names  wheji  admitted  to  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (D  our  Compiler  of  Ijaws. 
A  dagger  (t)  former  recommendations  withdrawn. 


PLACE. 

Addison  Point 
Alfred 
Appleton 
Auburn 


COCXTY. 

"Washin<(ton 
York 
Knox 
Androscoggin 


NAMES  OF  ATTORNEYS.   POPULA  X. 

E.  A.  Austin.  1,242 
I.  T.  Drew.  1.100 
M.  F.  Hardy.  1,34.^ 
Geo.  C.  &  Clias.  E.  Wing.  9,55") 

Augusta.  Kennebec  County.  Population,  8,666. 

HERBERT  M.  HEATH,  '76.  Special  facilities  for 
prompt  collections.  Reference — Granite  National 
Bank,  Haynes  &  Dewitt  Ice  Co. 

S.H.Blake  jg  gg^ 

j;  James  W.  Donigan.  ' 

Adams  &  Coomb.  8,000 

Joseph  Williamson.  5,308 

Hon.  E.  Foster.  2,081 

H.  V.  Moore.  2,800 
HON.  CHARLES  S. 

HAMILTON,  '80.  12,6.52 

Geo.  B.  Kenniston.  3,575 

T.  H.  Wentworth.  1,460 

A.  H.  AValker.  2,800 

W.  Thompson.  5,500 

Geo.  D.  Bisbee.  1,382 

0.  P.  Cunningham.  3,056 
J.  31.  Marshall.  2,330 
L.  G.  Downes.  7,000 
H.  ]Montgomery.  4,381 

F.  H.  Hartford.  5,315 
Milliken  &  Campbell.  1.800 

1.  W.  Davis.  1.331 

C.  A.  Shofford.  3,500 
V.  A.  Sprague.  3,000 
A.  M.  Robinson.  1,690 
J.  C.  Talbot.  1,875 
I.  G.  McLarren.  4,004 
Deasy  &  Higgins.  1,629 
Wisewell  &  King.  5,152 
E.  W.  &  F.  E.  McFadden.  3.050 
E.  0.  Greenleaf.*  1.482 
A.  G.  Fenlason.  1,600 

D.  R.  Hastings  &  Son.  1,633 
A.  L.  Perry.  4,439 


Bangor 

Penobscot 

Bath 

•    Sagadohoc 

Belfast 

Waldo 

Bethel 

Oxford 

Berwick 

York 

Biddeford 

York 

Boothbay 

Lincoln 

Bradford 

Penobscot 

Bridgton 

Cumberland 

Brudswick 

Cumberland 

Bucksfield 

Oxford 

Buckspc)rt 

Hancock 

liuxtou 

York 

Calais 

Washington 

Camden 

Knox 

Cape  Elizabeth  Depot.  Cumberland 

€herryfield 

Washington 

Corinth 

Penobscot 

Deer  Isle 

Hancock 

Dexter 

Penobscot 

Dover 

.  Piscataquis 

East  Machias 

AVashington. 

Eastport 

Washington 

Eden 

Hancock 

BUswortli 

Hancock 

Fairtit'ld 

Somerset 

Tarmington 

Franklin 

Ft.  Kent. 

Aroostook 

Fryburg 

Oxford 

Crardiner 

Kennebec 

374 

MAINE. 

PLACE. 

COUNTY. 

NAMES   OF    ATTORNEYS, 

,    popula'n. 

Hallowell 

Kennebec 

Beane  «fe  Beane. 

3,154 

Hampden 

Penobscot 

H.  W.  Mayo. 

2,913 

Hollis 

York 

H.  K.  Bradbury. 

1,543 

Houlton 

Aroostook 

Hersey  «fc  Shaw. 

4,000 

Keunebunk 

York 

E.  E.  Bourne. 

1,164 

Lebanon 

York 

S.  W.  Jones. 

1,606 

Lewiston 

Androscoggin 

Frye,  Cotton  &  White. 

19,08S 

Lisbon 

Androscoggin 

A.  P.  Moore. 

2,641 

Lisbon  Falls 

Androscoggin 

Chas.  M.  Ham. 

2.641 

Lubec 

Washington 

James  H.  Gray. 

2,200 

Machias 

Washington 

C.  B.  Donworth. 

2,300 

Millbridge 

Washington 

H.  H.  Gray. 

2,200 

Naples 

Cumberland 

D.  H.  Cole. 

1,008: 

North  Berwick 

York 

Hon.  N.  Hobbs. 

1,800 

Norway 

Oxford 

Bearce  &  Stearns. 

2,51& 

Oakland 

Kennebec 

G.  Stevens. 

1,700 

Old  Orchard 

York 

Chas.  W.  Ross. 

1,100» 

Orona 

Penobscot 

N.  Wilson. 

2,250 

Palermo 

Waldo 

John  Greeley. 

1,118 

Paris 

Oxford 

J.  S.  Wright. 

2,931 

Pembroke 

Washington 

B.  B.  Murray. 

2,000 

Phillips 

Franklin 

P.  A.  Sawyer. 

1,450* 

Portland. 

CUAIBEKLAND   CoUNTY.           POPULATION, 

38,810. 

Cobb,  John  C,  '60,  31^  Exchange  St. 
FRANK  &  LARRABEE,*  185  Middle  St. 

Frank,  M.  P. 

Larrabee,  P.  J. 
t  Strout,  Gager  &  Strout,  52  Exchange  St. 

Strout,  S.  C. 

Gager,  H.  W. 

Strout,  F.  S. 

See  Card  in  Appendix,  page  x. 


Readfield 

Kennebec 

E.  O'Brien. 

1,23S 

Richmond 

Sagadahoc 

W.  T.  Hall. 

3,000 

Rockland 

Knox 

J.  P.  Cilley. 

7,590 

Rumford 

Oxford 

S.  R.  Hutchins. 

1,007 

Saco 

York 

H.  Fairfield. 

6,39r> 

St.  Albans 

Somerset 

D.  D.  Stewart. 

1,400 

Searsport 

Waldo 

W.  C.  T.  Runnells. 

2,323 

Skowhegan 

Somerset 

Walton  &  Walton. 

4.500 

South  Berwick 

York 

Geo.  C.  Yeaton. 

3,300 

South  Thomaston 

Knox 

F.  R.  Rowell. 

1,750 

Springvale 

York 

A.  Low. 

1,116 

Stockton 

Waldo 

L.  M.  Patridge. 

1,546 

Thomaston 

Knox 

A.  P.  Gould. 

3,017 

Topsham 

Sagadahoc 

T.  M.  Given. 

1,600 

Union 

Knox 

Wm,  Gleason. 

1,531 

Waterville 

Kennebec 

Webb  &  Webb. 

4,675 

Wells 

York 

A.  K.  Tripp. 

2,500 

Westbrook 

Cumberland 

F.  M.  Ray. 

4,000 

Whitefield 

Lincoln 

R.  S.  Partridge. 

1.511 

Winterport 

Waldo 

N.  H.  Hubbard. 

2,26(> 

Wiscasset 

Lincoln 

H.  Ingalls. 

1.832 

Yarmouth 

Cumberland 

B.  Freeman. 

2.021 

MAINE. 


375 


BANKS    IN    MAINE. 

Giving  the  name  of  town,  bank  and  cashier,  and  annount  of  paid-up  capital  ol  one 
bank  in  each  county  of  this  state  in  which  such  a  banking  institution  is  located. 


PAID  UP 

PLACE. 

NAME   OP    BAKK, 

CASHIER. 

CAPITAL. 

Auburn 

Nat  Shoe  and  Leather  B'k 

M.  C.  Percival. 

$300,000 

Augusta 

First  National  Bank 

C.  S.  Hichbom. 

250,000 

Bangor 

((             ((             (( 

E.  G.  Wyman. 

300,000 

Bath 

((             ((             (( 

W.  D.  Mussenden. 

200,000 

Belfast 

Belfast  National  Bank 

A.  PL  Bradbury. 

150,000 

Biddeford 

Biddeford     " 

Chas.  E.  Goodwin. 

150,000 

Bowdoinham 

Nat  Village             " 

H.  P.  Kendall. 

50,000 

Brunswick 

First  National         " 

J.  P.  Winchell. 

100,000 

Bucksport 

Bucksport  Nat        " 

Edward  Swazey. 

50,000 

Calais 

Calis 

Frank  Nelson. 

100,000 

(y'amden 

Camden         "          " 

J.  F.  Stetson. 

50,000 

Damariscotta 

First 

Wm.  Flye. 

50,000 

Dexter 

t(                       ((              a 

Chas.  W.  Curtis. 

100,000 

Eastport 

Frontier 

Geo.  H.  Hayes. 

75,000 

Fairfield 

First 

H.  L.  Kelley. 

50,000 

Farmington 

Sandy  River"          " 

T.  F.  Belcher. 

75,000 

Gardiner 

-Merchants'    '*          " 

Henry  Farrington. 

100,00(1 

Hallowell 

Northern       "          " 

George  R.  Smith. 

100.fH)0 

Houlton 

First 

Wm.  C.  Donnell. 

50.000 

Kennebunk 

Ocean            " 

C.  Littlefield 

100,000 

Lewiston 

First              " 

A.  L.  Templeton. 

400,000 

Limerick 

Limerick       "          " 

W.  B.  Mason. 

50,000 

New  Castle 

New  Castle  "          " 

D.  W.  Chapman 

50,000 

North  Berwic 

k  North  Berwick  Nat  Bank 

C.  W.  Greenleaf. 

50,000 

Norway 

Norway                      " 

H.  D.  Smith. 

100,000 

Oakland 

^Vlessalonskee           " 

.1.  E.  Harris. 

75.000 

Orono 

Orono                        " 

Albert  White 

50,000 

Phillips 

Union                        " 

J.  E.  Thompson. 

50,000 

Portland 

First                          " 

J.  E.  Wengren. 

1,000,000 

Richmond 

Richmond                 " 

Wm.  H.  Stuart. 

120,000 

Rockland 

Rockland 

G.  Howe  Wiggin. 

150,000 

Saco 

Saco                           " 

S.  S.  Richards. 

100,000 

Scarsjiort 

Searsport                  ' ' 

Chas.  F.  Gordon. 

50,000 

Skowhegan 

First                          " 

Geo.  N.  Page. 

150,000 

South  Berwick  South  Berwick        "• 

.John  F.  Walker. 

100,000 

Thomaston 

Thomaston               " 

Frank  H.  .Jordan. 

100,000 

Wakloboro 

]Medomak                  " 

D.  W.  Potter. 

50,000 

Waterville 

People's                   " 

Homer  Percival. 

200,000 

Wintlirop 

Nat  Bank  of  Wintlirop 

.Tohn  M.  Benjamin. 

100.000 

AViscasset 

First  National  Bank 

Frederick  W.  Sewall. 

100,000 

STATE  OF 

NIARYLAND. 

SUMMARY   OF 

Collection    La.ws. 

Court  Calendak,  Instbtjctions  for  taking  Depositions,  Legal  Forms,  Etc. 

Expressly  Prepared  and  Revised  to  Nov.  1st,  ISS7,  for  "Showers' 

Legal  Directory  and  Merchants'  Guide,"  for  1888,  by 

Baker  Johnson  of  the  Baltimore  Bar. 

Acknowledgments — Of  conveyances  of  any  interest  in  real  or  leasehold 
property  may  be  made  within  the  state,  and  in  the  county  or  city  in  which 
the  land,  or  any  part  of  it  lies,  befoi'e  a  justice  of  the  peace,  a  judge  of  the 
orphans'  covirt,  a  judge  of  the  circuit  court  of  any  county,  or  a  judge  of  the 
superior  court,  court  of  common  pleas,  or  circuit  court  of  Baltimore  city.  If 
within  the  state,  but  out  of  the  county  in  which  the  estate  conveyed  lies,  they 
may  be  made  before  a  judge  of  any  circuit  court  for  the  circuit  where  the 
grantor  may  be,  or  a  justice  of  the  peace  ;  the  official  character  of  the  justice 
must  be  certified  by  the  clerk  of  the  circuit,  county  or  superior  court  (Balti- 
more city),  under  his  official  seal,  or  before  a  judge  of  the  superior,  common 
pleas  or  circuit  court,  if  grantor  be  in  Baltimore  city.  If  withuut  the  state, 
they  may  be  made  before  a  notary  public,  a  judge  of  any  court  of  the  United 
States,  or  of  any  state  or  territory  court  having  a  seal,  or  a  commissioner  of 
deeds  for  this  state.  The  seal  of  the  officer  or  court  to  be  affixed  to  the  cer- 
tificate of  acknowledgment  in  all  cases.  If  acknowledged  without  the 
United  States,  the  acknowledgment  may  be  made  before  any  minister,  con- 
sul general,  vice  or  consular  agent  or  deputy,  or  a  notary  public,  or  a  com- 
missioner to  take  acknowledgments  for  the  state  of  Maryland. 

The  certificate  of  acknowledgment  shall  contain  :  1st.  The  name  of  the 
person  making  the  acknowledgment.  2d.  The  official  style  of  the  officer 
taking  the  acknowledgment,  od.  The  tinic  when  it  was  taken.  4th.  A 
statement  that  the  grantor  acknowledged  the  deed  to  be  his  act,  or  made  an 
acknowledgment  to  the  like  eftect. 

Every  deed  conveying  any  interest  in  real  estate  must  be  signed  and 
sealed  by  the  grantor,  and  attested  by  at  least  one  witness.  A  scroll  seal  is 
sufficient.  No  words  of  inheritance  are  necessary  to  create  an  estate  in  fee 
simple,  and  no  separate  examination  of  a  married  woman  is  required. 

Form  of  ackiiowledgmc7it  and  affidamt. 

State  of  Maryland,  }  ^^ 

County  OF .       S 

I  hereby  cei-tify  that  on  this day  of ,  in  the  year ,  before  me 

Cinsert  the    style    of  the   officer   taking   the   acknowledgment)    personally 

ajjpeared ,  the  above  named  bargainor,  and  acknowledged  the  foregoing 

bill  of  sale  to  be  his  act,   and  at  the  same  time  also  appeared  before  me 
,  the  above  named  bargainee,  and  made  oath  that  the  consideration  men- 
tioned in  the  foregoing  bill  of  sale  is  true  and  bona  fide  as  therein  set  forth. 
(Add  a  jurat  and  test.) 


MARYLAND.  377 

Form  of  proof  of  acknowledgment  by  husband  and  wife. 

:State  op  Maryland,  \ 
County  of .       ^  **• 

I  hereby  certify  that  on  tliis day  of ,  A.  D.  18—,  before  me  (here 

insert  name  and  title  of  official)  personally  appeared and ,  his  wife, 

and  each  acknowledged  the  aforesaid  deed  (or  other  instrument)  to  be  their 
respective  act. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  name  and  affixed 
my  official  seal  the  day  and  year  above  written. 

[seal.]  (^Signature  and  title.) 

Actions- — The  distinctive  nature  of  actions  at  common  law  arising  ex 
contractu  remain,  thougli  simpler  forms  are  used.  Any  declaration  containing 
a  plain  statement  of  facts  necessary  to  constitute  a  ground  of  action  is  suffi- 
cient, and  any  plea  necessary  to  form  a  legal  defense  is  sufficient,  without 
reference  to  mere  form.     (Revised  Code,  art  G4.) 

The  fictions  of  the  action  of  ejectment  at  common  law  are  abolished  by 
act  of  1870,  c.  420,  and  by  act  of  1872,  c  486,  the  procedure  in  regard  to  the 
manner  of  instituting  tie  action,  the  character  of  the  declaration,  the  mode 
of  service,  the  plea  and  what  it  puts  in  issue;  and  the  quantum  of  damages 
.  recoverable  by  the  plaintitt'  are  regulated,  and  the  present  practice  estab- 
lished. The  action  is  now  required  to  be  brought  by  the  real  claimant 
.  against  the  real  defendant. 

Amendment  is  allowed  at  any  time  before  the  jury  retire  to  make  up  their 
.  verdict  in  cases  of  jury  trial,  and  in  cases  of  demurrer  and  other  trials  before 
.  the  court,  at  any  time  before  judgment  is  entered. 

Amendments  of  pleadings  cannot  be  made,  except  by  consent,  in  the  court 
•of  appeals. 

Administration  of  Estate  of  Deceased  Persons.— The  orphans  courts  of 
Baltimore  city  and  the  respective  counties  of  the  state  have  jurisdiction  to 
take  probate  of  wills,  grant  letters  testamentary  and  of  administration, 
direct  the  conduct  and  settling  the  accounts  of  executors  and  administra- 
tors, superintend  the  distribution  of  the  estates  of  intestates,  secure  the 
rights  of  orphans  and  legatees,  and  to  admini.^ter  justice  in  all  matters  rela- 
tive to  the  affairs  of  deceased  persons.  Also  have  jurisdiction  over  guardians 
and  wards  and  their  accounts. 

Widow  or  child  first  entitled  to  act  as  administrator.  If  no  widow  or 
child,  then  the  next  of  kin  or  creditors  entitled  in  the  usual  order.  Admin- 
istration usually  granted  in  the  county  where  the  residence  of  the  deceased 
was  located.  An  administrator  must  execute  a  bond  with  two  sureties  to 
the  state  of  ]\Iaryland,  in  penalty  prescribed  by  orphans'  court,  or  register  of 
wills,  which  is  usually  double  the  amount  of  the  estate  likely  to  come  into 
his  hands. 

It  is  incum])ent  on  the  person  applying  for  administration  to  prove  the 
<leath  of  the  person  intestate  to  the  satisfaction  of  the  court,  unless  same  be 
notorious  ;  and  the  court  may  examine  such  person  on  oath  touching  the 
time,  place  and  manner  of  death,  and  whether  or  not  the  ])arty  dying  left 
any  will ;  and  if  such  dying  intestate  be  not  proved  to  the  satisfaction  of  the 
court,  no  administration  shall  be  granted.  No  administration  shall  be 
granted  until  at  least  twenty  days  after  death  of  the  supposed  intestate,  and 
at  least  seven  days  after  the  api)lication. 

If  any  per.son,  being  a  resident  of  any  other  state,  district  or  territory  of 
the  United  States,  or  of  any  foreign  country,  shall  die  possessed  of  or  en- 
titled to  any  of  the  public  stocks  or  debt  created  or  issued  upon  the  credit  of 
this  state,  or  of  stock  or  debt  created  or  issued  upon  the  credit  of  the  city  of 
Baltimore,  or  of  capital  stock  of  any  joint  stock  company  incorporated  by 
the  authority  of  this  state,  his  right  or  title  shall  devolve  on  his  executor  or 
administrator,  duly  constituted  and  ai)poinred  as  such  by  the  law  of  the 
■state,  district,  territory  or  country  wherein  he  may  have  resided  at  the  time 


378  MARYLAND. 

of  his  death,  in  the  same  manner  as  if  the  said  executor  or  administrator  had 
been  duly  constituted  and  appointed  as  such  by  the  proper  authority  of  this 
state.     (Revised  Code,  art.  50,  sec.  114). 

Nothing  contained  in  tlie  last  section  shall  deprive  the  courts  of  this  state 
of  their  authority  to  grant  administration  on  the  estate  of  such  deceased  per- 
son, and  the  right  of  a  person  so  appointed  shall  be  preferred  to  the  right  of 
the  foreign  executor  or  administrator  ;  provided  notice  of  the  claim  of  the 
domestic  executor  or  administrator  to  such  stock  be  given  to  the  proper 
officer  having  charge  of  the  stock  book  wherein  such  stock  is  entered,  and 
having  authority  to  make  or  allow  a  transfer  thereof  before  any  sale  or 
transfer  thereof  has  actually  been  made  by  the  foreign  executor  or  adminis- 
trator ;  and  provided  further  that  administration  shall  not  be  granted  to  any 
one  in  this  state,  except  the  next  of  kin,  residuary  legatee,  or  a  creditor  who 
shall  make  oath  to  and  exhibit  the  vouchers  of  his  claim  before  obtaining 
administration.     (Revised  Code,  art.  50,  sec.  115.) 

No  such  foreign  executor  or  administrator  shall  be  authorized  to  transfer 
any  such  stock,  until  after  he  shall  have  given  at  least  one  month's  notice  by 
advertisement  published  twice  a  week  for  four  weeks  in  two  daily  news- 
papers of  the  city  of  Baltimore,  stating  therein  the  death  of  his  testator  or 
intestate,  and  the  amount  and  description  of  stock  designated  to  be  trans- 
ferred.    (Art.  50,  sec.  116.) 

Such  foreign  executor  or  administrator  is  subject  to  tax  on  his  commis- 
sions as  domestic  executors  and  administrators.     (Art.  50,  sec.  117). 

An  administrator  must  give  notice  by  advertisement,  according  to  statu- 
tory form  of  his  appointment,  to  creditors  to  exhibit  claims.  If  such  notice 
be  given  at  least  six  months  before  the  disti'ibution  of  the  estate,  no  admin- 
istrator shall,  after  the  lapse  of  a  year  from  the  date  of  his  letters,  be  answer- 
able for  any  claim  of  which  he  had  no  notice,  by  an  exhibition  of  the  claim 
legally  authenticated. 

An  administrator  also  must  have  appraisement  of  jiersonal  property  made 
by  appraisor's  of  the  orphans'  court,  and  make  inventory,  and  list  of  debts. 

Assets  in  the  hands  of  an  administrator  are  leases  for  years  (which  include 
leasehold  interest  of  tenant  in  ninety-nine  year  lease  subject  to  ground  rent) 
estates  for  the  life  of  another  person  or  persons,  except  those  granted  to  the 
deceased  and  his  heirs  only ;  a  common  warrant  for  land  not  executed  or 
located  in  deceased's  lifetime,  and  all  goods,  wares,  merchandise,  cattle,  fur- 
niture, stock,  provisions,  every  kind  of  produce,  the  crop  on  the  land  of  the 
deceased,  by  him  or  her  begun,  movable  fixtures,  ornaments,  and  every 
species  of  personal  propeity,  except  things  usually  denominated  heirloom, 
and  the  ornaments  and  jewels  of  a  widow  proper  to  her  station,  and  the 
clothing  of  the  family. 

Administrators  and  executors  to  have  power  to  sue  and  be  sued  where  the 
testator  or  intestate  might  have  sued  or  been  sued  except  actions  of  slander, 
and  for  injuries  done  to  the  person. 

Claims  must  l)e  first  passed  by  the  orphans'  court,  before  discharged  by 
administrator  (otherwise  than  at  his  own  risk.)  Claims  must  be  proven  ac- 
cording to  statutory  requirements. 

When  an  affidavit  or  deposition  to  prove  claims  are  taken  out  of  the  state 
the  same  are  good  if  taken  and  certified  according  to  proper  forms  by  tlie 
notary  of  the  place,  or  by  some  person  there  authorized  to  administer  an 
oath,  and  certified  to  be  such  under  the  seal  of  the  governor  or  mayor,  or 
chief  magistrate  or  clerk  of  any  court  of  record,  or  notary  pu1)lic  of  sucli 
place,  and  the  said  oath  shall  be  as  available  as  if  taken  before  a  justice 
within  the  state.     ''Revised  Code,  art.  50,  sec.  161.) 

An  administrator  is  allowed  thirteen  months  from  the  date  of  letters  to 
make  distribution  of  money  in  hand  to  discharge  debts  and  claims  etc.,  or 
within  four  months  longer  on  making  oath  that  the  assets  in  his  hands  will 
be  insufficient  to  discharge  the  just  debts,  etc. 

It  is  his  duty  to  make  distribution  once  in  every  six  months,  of  money 
which  has  come  into  his  hands  after  the  first  distribution.  He  is  to  give 
three  weeks'  notice  to  creditors  of  time  and  place  of  making  distribution. 


MARYLAND.  379 

After  which  date  interest  on  claim  or  proportionable  part  to  be  paid  will 
cease. 

In  paying  debts  :  1st.  All  taxes  due  and  in  arrear  from  the  decedent 
shall  be' preferred,  to  the  exclusion  of  all  other  debts,  and  3d,  claims  for  rent 
in  arrear  ajjainst  deceased  persons,  for  which  a  distress  mifjht  be  levied  by 
law,  shall  next  have  preference.  3d.  Judfj^ments  and  decrees  shall  next  be 
wholly  discharged.  4th.  After  such  claims  for  taxes  and  rent,  and  judji,- 
ments  and  decrees  shall  be  satisfied,  all  other  just  claims  shall  be  on  an 
equal  footin<^  without  priority. 

Receipts  and  releases  to  executors,  administrators,  or  guardians,  are  to  be 
executed  and  acknowledged  according  to  statutory  rules,  and  may  be 
recorded. 

Where  any  executor  or  administrator  has  not  money  sufficient  to  pay  debts 
etc.,  the  orphans'  court  may  direct  sale  of  personal  property.  Any  sale 
made  without  an  order  of  court,  previously  obtained,  shall  be  void. 

An  executor  or  administrator  may  convey  land  already  sold  by  decedent, 
but  who  died  before  receiving  the  purchase  money. 

Orphans'  courts  have  concurrent  jurisdiction  with  circuit  courts,  as  courts 
of  equity,  to  authorize  and  direct  the  sales  of  real  estate  of  intestates,  where 
appraised  value  does  not  exceed  $2.5,000.  They  are  authorized  to  issue  war- 
rant to  appraisers  to  ascertain  the  value  of  the  real  estate. 

An  administrator  must  render  his  first  account  to  the  orphans'  court 
within  twelve  months  from  the  date  of  letters.  If  estate  is  not  fully  admin- 
istered another  account  must  be  rendered  every  six  months  until  fully  ad- 
ministered. If  account  be  not  rendered  within  time  limited,  and  such  fur- 
ther time  as  the  court  may  allow,  not  exceeding  six  months,  his  letters  may 
be  revoked  on  application  and  suit  brought  against  his  bond. 

An  administrator  is  allowed  commission  not  less  that  two  nor  more  than 
ten  per  cent,  on  the  first  !?20,000,  and  on  the  balance  of  the  estate  not  more 
than  two  per  cent. 

Affidavits. — No  particular  form  is  required  for  ordinary  affidavits.  They 
may  be  made  before  a  notary  public  or  a  commissioner  of  deeds  for  ]\Iaiy- 
land.  (Revised  Code.  art.  21.)  The  official  character  should  be  carefully 
authenticated. 

Aliens. — Aliens,  not  enemies,  may  take  and  hold  lands,  tenements  and 
hereditaments  ac(iuired  by  purchase  or  to  which  they  would,  if  citizens,  be 
entitled  by  descent ;  and  may  sell,  devise  or  dispose  of  the  same,  or  trans- 
mit the  same  to  their  heirs  as  fully  and  effectually  as  if  by  birth  they  were 
citizens  of  this  state.    (Art.  1874,  c.  354.) 

Appeals. — An  appeal  may  be  taken  from  a  court  of  law  or  equity  by  ap- 
plication to  the  clerk  ;  frum  the  orphans'  court  by  ajjplication  to  the  register  ; 
from  the  commissioner  of  the  land  office  l)y  application  to  the  commissioner  : 
from  county  commissioners  by  a^jplication  to  their  clerk,  and  from  a  justice 
of  the  peace  by  an  application  to  the  justice  ;  or  by  filing  a  petition  with  the 
clerk  of  the  court  to  which  the  appeal  is  made  ;  and  upon  such  application, 
if  within  the  time  allowed,  the  clerk  etc.  to  whom  the  same  is  made,  shall 
enter  a  prayer  of  appeal  upon  his  docket  etc.  and  transmit  the  papers. 

All  appeals  or  writs  of  error  allowed  from  any  judgment  or  determination 
of  a  court  of  law,  to  the  court  of  appeals,  other  than  on  (juestions  under  the 
insolvent  laws,  shall  be  taken  within  two  months  from  the  same,  and  trans- 
cript of  the  record  shall  be  transmitted  to  court  of  appeals  within  three 
months  from  time  of  the  appeal  taken.  Appeals  from  questions  under  the 
insolvent  laws,  must  be  entered  within  thirty  days  and  transcript  be  trans- 
mitted to  the  court  of  appeals  within  sixty  days  from  the  date  of  the  decis- 
ion appealed  from. 

In  no  case  shall  the  court  of  appeals  decide  any  point  or  question  which 
does  not  plainly  appear  by  the  record  to  have  been  tried  and  decided  by  the 
court  below. 


380  .  MARYLAND. 

All  appeals  allowed  from  decrees  or  orders  of  courts  of  equity  shall  be 
taken  and  entered  within  nine  months  from  the  date  of  the  decree  or  order 
.appealed  from,  and  not  afterwards  ;  unless  it  shall  be  alleged  on  oath  that 
such  decree  or  order  was  obtained  by  fraud  or  mistake,  in  which  case  the 
appeal  shall  be  entered  within  two  months  from  the  time  of  the  discovery  of 
the  fraud  or  mistake,  and  not  afterwards. 

All  appeals  from  orders  or  decrees  of  the  orphans'  court  to  the  court  of 
appeals,  shall  be  taken  and  entered  within  thirty  days  after  such  order  or 
■decree  appealed  from  ;  and  the  register  of  wills  shall  make  out  and  transmit 
to  the  court  of  appeals  a  transcript  of  the  record  within  thirty  days  after  the 
appeal  prayed.  •  - 

No  execution  upon  any  judgment  or  decree  shall  be  stayed  unless  the  per- 
son against  whom  rendered,  upon  praying  an  appeal  from  such  judgment, 
shall  give  bond  with  sufficient  securities  in  at  least  double  the  sum  recorded, 
or  double  the  value  of  the  thing  recorded  with  condition  to  prosecute  the 
appeal  within  the  time  allowed  by  law. 

Any  party  aggrieved  thereby,  may  appeal  from  any  judgment  of  a  justice 
of  the  peace  to  the  circuit  court  of  the  county,  or  Baltimore  city  court, 
within  sixty  days ;  and  the  court  to  which  appeal  is  taken  shall  hear  the 
case  de  novo. 

An  appeal  lies  from  decisions  of  the  land  commissioner  to  the  court  of  ap- 
peals. An  appeal  lies  from  the  decision  of  county  commissioners  to  the 
■circuit  court  for  the  county,  within  sixty  days. 

Arrest. — No  person  shall  be  imprisoned  for  debt.  (Constitution  of  1867, 
.art.  3,  sec.  38.) 

Assignments. — A  debtor  can  make  an  assignment  for  the  benefit  of  cred- 
itors, but  no  preference  is  permitted. 

Attachments. — Can  be  obtained  against  the  effects  of  a  non-resident  or 
.an  absconding  debtor,  and  where  a  debtor  is  disposing  of,  concealing  or 
removing  his  property  from  the  state  with  intent  to  defraud  his  creditors  ; 
also  in  cases  where  the  debt  was  fraudulently  contracted. 

Banks  and  Bankers. — Bankers  are  indictable  for  misappropriation  of 
money  etc.  intrusted.  Corporations  cannot  exercise  banking  privileges  un- 
less expressly  incorporated  for  banking  purposes.  State  banking  associa- 
'tions  may  be  formed  according  to  statutory  regulations. 

Bills  of  Exchange  and  Promissory  Notes.— Fitteen  per  cent  damages 
■on  foreign  bills  protested.  Eight  per  cent  damages  on  inland  bills  protested. 
Notes  or  bills  due  on  holiday  to  be  paid  the  day  before,  unless  it  is  Sunday, 
when  payable  Saturday  before. 

Bills    of   Lading. — Warehouse  receipts  are  negotiable,   unless  the  con- 
trary is  expressly  j)rovided  on  the  face  thereof.      Are  conclusive  evidence  in 
the  hands  of  any  bona  fide  holder  for  value  without  notice  that  the  goods 
mentioned  were  received  by,  and  were  in  actual  possession  of  party  issuing 
.  tlie  same  at  time  of  so  issuing. 

Chattel  Mortgages. — Are  in  use,  and  in  practice  are  tantamount  to  bills 

of  sale.    (Revised  Code,  art.  44.)    A  like  affidavit  of  consideration  is  required 

to  chattle  mortgages  and  bills  of  sale  as  is  required  to  mortgage  of  real 

.  -estate.     Mortgages  are  liens  for  twenty  years,  and  can  be  foreclosed  at  any 

,  time  within  that  period.     (30  Md.,  55.)     Chattel  mortgages  and  bills  of  sale 

must  be  recorded  within  twenty  days  from  their  date  in  the  county  or  city 

.  where  the  mortgagor  or  vendor  resides.     The  fraudulent  removal  or  sale  of 

mortgaged  pensonal  property  is  made  a  misdemeanor  by  the  act  of  1884, 

•thap.  303. 


MARYLAND.  38J 

Claims  against  Decedents  Estates.— (5ee  Administration). 
Conditional  Sale  of  Personal  Property.— (5ee  Chattel  Mortgaget). 
Corporations. — Domestic  ami  Foreign,  : 

Corporations  may  be  foiinud  in  this  state  by  special  act  of  the  legisUxture, 
or  under  the  general  corporation  law  (act  of  1868,  c.  471)  by  any  five  or 
more  persons,  citizens  of  the  United  States,  and  a  majority  of  them  citizen* 
of  this  state,  for  various  specified  pui'poses. 

Application  for  corporation  must  state  1st.  Name  in  full  and  residence  or 
applicants.  2d.  Proposed  corporate  name,  which  sliall  always  include  the 
name  of  the  county  or  city  in  which  formed.  8d.  Object  or  purposes  for 
which  incorporation  is  sought,  time  of  existence  not  to  exceed  forty  years, 
and  the  articles,  conditions  and  provisions  under  which  incorporation  is 
formed.  4th.  Places  where  operations  of  corporation  are  to  be  carried  on, 
and  place  in  this  state  in  whicli  i)rincipal  office  will  be  located.  5th.  Amount 
of  capital  stock  (if  any.)  (5th.  Number  of  shares  of  stock  (if  any)  and 
amount  of  each  share.  7th.  Xumber  of  trustees,  directors  or  managers,  and 
their  names,  who  shall  manage  the  concerns  of  the  corporation  for  the  first 
year.  ■  • 

Any  corporation  not  chartered  by  the  laws  of  this  state,  which  shall  trans- 
act business  therein,  shall  be  deemed  to  hold  and  exercise  franchises  within 
this  state,  and  shall  be  liable  to  suit  in  any  of  the.  courts  of  this  state,  on 
any  dealings  or  transactions  therein. 

Process  may  be  served  on  president,  director,  manager,  or  other  officer,  or 
if  these  do  not  reside  in  the  state,  on  any  attorney  or  other  person  in  the  ser- 
vice of  the  corporation,  anywhere  within  the  state. 

Costs. — Security  for: 

The  defendant  in  any  action,  may,  at  or  before  the  trial  court,  have  a  rule 
on  the  plaintiff  to  give  security  for  costs,  if  the  plaintiff  is  not  a  resident  of 
the  state  at  the  time  the  motion  is  made. 

In  cases  in  chancery,  a  rule  may  be  laid  any  time  before  final  decree 
against  a  complainant  non-resident  at  the  time  of  filing  the  bill  or  becoming 
so  afterwards. 

Courts.     Terms  and  Jurisdiction  of: 

1.  Court  of  Appeals  is  the  highest  judicial  tribunal,  appellate  court 
merely,  without  any  original  jurisdiction  whatever  except  in  cases  of  habeas 
corpus  by  act  of  1880,  c.  6.  ... 

Terms  begin  second  Monday  in  January,  first  Monday  in  April,  and  first 
Monday  in  October, 

2.  Circxtit  Courts,  eight  circuits.  Circuit  courts  for  counties  have  com- 
mon law  powers  and  jurisdiction  in  civil  and  criminal  cases  within  each 
county.  Appellate  jurisdiction  in  appeals  from  county  commissioners, 
justices  of  the  peace  etc. 

Not  less  than  two  jury  tenns  are  held  in  each  county  every  year,  and  in 
those  counties  where  only  two  jury  terms  are  held,  two  other  and  interme- 
diate terms  are  annually  held,  to  which  jurors  are  not  summoned,  to  dispose 
of  business  not  reqniring  jury. 

3.  Courts  of  Baltimore  City.  Superior  court,  court  of  common  pleas, 
Baltimore  city  court,  circuit  court  of  Baltimore  city,  and  criminal  court. 
The  first  three  have  concurrent  jurisdiction  in  civil  common  law  cases 
involving  over  $100.  Circuit  court  has  jurisdiction  exclusively  of  all  equity 
matters.  In  addition  to  its  concurrent  jurisdiction,  the  court  of  common 
pleas  has  exclusive  jurisdiction  of  insolvency  cases,  and  the  Baltimore  city 
court  exclusive  jurisdiction  of  ai)peals  from  justices  of  the  peace,  and  from 
the  street  conunissioners. 

4.  Orphans'  Courts.  Each  composed  of  tliree  judges,  not  required  to  be 
lawyers,  and  receive  per  diem  for  the  time  they  are  actually  in  session.  For 
jurisdiction  of  orphans"  courts  Si'e  Administration. 


382 


MARYLAND. 


Court  Calendar : 

UNITED  STATES  CIRCUIT  AND  DISTRICT  COURTS. 

C:iief  Justice  Supreme  C*oiM-<.— MoiTisoa  R.  Waite,  of  Ohio.  CircumJudge.—Hyxgh. 
L  Boiid,  of  Baltimore.  Z)is<?-ic<./i(d'7P.— Thomas  J.  Morris,  of  Baltimore.  Attorney.— 
Thos.  W.  Hayes,  of  Baltimore.  Marshal.— T)r.  Geo.  H.  Cairnes,  of  Baltimore.  Clerk.— 
Jas.  W.  Chew,  Baltimore.  ,.,.„,..  ■,  ^^   ■     ^ 

The  UiiUed  States  Circuit  and  District  Courts  are  held  at  Baltimore,  and  their  terms 
are:  Circuit  Court,  1st  Mondays  in  April  and  November  ;  District  Court,  1st  Tuesday 
in  March,  June,  September  and  December. 

COURT  OF  APPEALS. 

J'(«;^e.s,Jst  Circuit.    Levin  T.  H.  Irvin,  Princess  Anne,  Somerset^  Co. ;  2dJJircuit, 
John  --   ~   - • 
Baltimon 
Co. 

Frederit-  „--.,, -     ,  ,  •  ^    ^  ,. 

Circuit,  Wm.  Shepard  Bryan,  Baltimore  City.    Clerk,  Spencer  C.  Jonet.  Annapolis, 
Maryland. 

This  court  meets  at  Annapolis  on  the  2d  Monday  in  January,  1st  Monday  in  April 
and  1st  Monday  in  October. 

CIRCUIT  COURTS. 
County.  County  Seat.     Circuit.  Terms  Begin. 

Allegany    .  .  ,  .  Cumberlanxi     .  .    4    Ist.Mon.  Jan.,  2d  Mon.  April,  2d  Mon.  Oct.  with 

jury;  1st  Thurs.  July,  without  jury. 
Anne  Arundel    .Annapolis.  ...   5    3d  Mon.  April  and  3d  Mon.  Oct..  with  jury  ;  3d 

Mon.  Jan.  and  July  without  jury. 

Bdltimore  .  .  .  .  Towsoii 3    1st  Mon.  Mar.,  3d  Mon.  May,  2d  Mon.  Sept.  and 

1st  Mon.  Dec,  with  grand  and  petit  juries. 
Baltimore  City    .  Not  in  any  Oo  .  .    8    (See  Baltimore  City  Courts.) 

"Calvert Prince  Frederick  7    1st  Mon.  May  and  Wed.  next  after  1st  Mon. 

Nov  ,  with  jury;  1st  Mon.  Feb.,  July,  with- 
out jury. 

Caroline Denton 2    IstMon.  Apr.  and  Oct.,  with  jury ;  2d  Mon.  Jan. 

and  4th  Mon.  June,  without  jury. 

Carroll Westminster    .  .   5    2d  INIon.  May  and   Nov.,  with  jury;  2d  Mon. 

Feb.  and  Aug.  without  jury. 

Cecil Elkton 2    3d  Mon.  Jane,  without  jury ;  3d  Mon.  Mar.  and 

Sept ,  and  2d  Mon.  Dec,  with  jury. 

•Charles Port  Tobacco    .  .    7    3d  Mon.  May  and  Nov.,  with  jury  ;  3d  Monday 

July  and  Feb.,  without  jury. 
Dorchester    .  .  .Cambridge     ...    1    4th  Mon.  April  and  2d  Mon.  Nov.,  with  jury  ; 

4th  Mon.  Jan.  and  July,  without  Jury. 
Frederick  .  .  .  .  Frederick  City    .   6    3d  Mon.  Feb.,  3d  Mon.  Sept.  and  2d  Mon.  Dec, 

with  jury;  2d  Mon.  May  and  Dec,  without 
jury ;  at  Dec.  term  no  grand  jur.y. 

Kiarrett Oakland 4    1st  Mon,  May  and  2d  Mon.  Sept.,  with  jury ;  1st 

Mon.  July  and  3d  Mon.  Dec,  without  jury. 

Hartford     .  .  .  .  Belair 3    2d   Mon.  Feb.,  May  and  Nov.,  with  jury;  2d 

Mon.  Sept.,  without  jury. 

Howard EllicottCity  .  .   .   5    3d  Mon.  Mar.and  1st  Mon.  Sept.,  with  jury;  l.st 

Mon.  Dec.  and  3d  Mon.  June,  without  jury. 

Kent     Chestertown     .  .   2    3d  Mon.  Jan.  and  2d  JVIon.  July,  without  jury  ; 

3d  Mon.  April  and  Oct ,  with  jury. 
Montgomery    .  .  Rockville    ....   6    3d  Mon.  Mar.  and  2d  Mon.  Nov.,  with  jury  ;  3d 

Mon.  Jan.  and  1st  Mon.  June,  without  jury. 
Prince  George's  .  Upper   Marlboro'  7    1st  Mon.  April  and  Oct.,  with  jury  ;  3d  Mon. 

June  and  Jan.,  without  jury. 
<:iueen  Anne's     .  Centreville    ...    2    4th  Mon.  Jan.  and  3d  Mon.  July,  without  jury; 

1st  Mon.  May  and  Nov.,  with  jury. 
St.  Mary's  .  .  .  .  Leonardtown   ..  .    7    1st  Mon.  June  and  Dec.  without  jury ;  3d  Mon. 

Mar.  and  Sept.,  with  jury. 
Somerset    .  .  .  .  Princess  Anne  .  .    1    2d  Mon.  April  and  Oct.,  with  jury;  2d  Mon. 

Jan.  and  Jul.v,  without  jury. 

Talbot Easton 2    1st  Mon.  Feb.  and  4th  :\Ion.  July,  without  jury; 

3d  Mon.  May  and  Nov.,  with  jury. 
Washington.  .  .  Hagerstown      .  .    4    2d  Mon.  Feb  and  May  and  3d  Mon.  Nov.,  with 

jur.y;  1st  Mon.  Aug.,  without  jur.v. 

Wicoinico Salisbury    ....    1    4th  Mon.  Mar.  and  Sept.,  with  jury  ;  1st  Mon. 

.Ian.  and  July,  without  jury. 
'Worcester  .  .  .  .  Snow  Hill  ....    1    3d  Mon.  May  and  4th  Mon.  Oct.,  with  jury ;  3d 

Mon.  Jan.  and  July,  without  jury. 

BALTIMORE  CITY  COURTS. 

Eighth  Judici.^l  CiKCUiT.--Baltimore  City. 

The  Supreme  Bench.— Hon.  George  Wm  Brown,  Chief  Judge.  Hons.  Wni.  \. 
Stewart,  Chas.  E.  Phelps,  Edward  Dutfy,  and  .lolin  Upshur  Dennis,  Associates.  'I'he 
Judges  of  the  Supreme  Bench  are  assigned  to  the  following  Courts: 


MARYLAND.  383 

Superior  Court.— 'Id  Monday  in  Jan.  May  and  Sept.    .Tames  Bond,  Clerk. 

Court  of  Common  IHeax.—'liX  Monday  in  .Jan.  May  and  Soi)t.    .lolm  T.  (rra.v,  Clerk. 

Jiclltimorc  Cili/  Co"//.— 2d  Monday  in  .Jan.  May,  and  Sept.  Henry  A.  Scliultz, 
Olerli. 

Circuit  Court.— 2(\  yUmdiiy  in  Jan.,  March,  May,  .July,  September  and  Xoveuibei'. 
Alvin  Robertson,  Clt-rk. 

0>-u/im«/ 0'"r/.— I'd  Monday  in  .lannary.  May  and  Sept  John  S.  Bullock,  Clerk, 
iieorge  May,  Sherirt'.    Chas.  U.  Jverr,  state's  Attorney.    Wm.  F.  Canii)bell,  Deputy. 

Orphanx  Court.— lion.  tieo.  W.  Lindsay,  Chiet  Judge  Hons.  Daniel  (Jans  and 
Chas.  E.  Jenkins,  Associate  Judges.  Kobt.  T.  Banks,  liegister  of  Wills.  The  <  )rplians 
Court  is  in  session  every  day,  except  Sunday,  from  11  o'clock  a.  m.  to  1  o'i'lock  p.  ni. 

Equity  terms  for  tlie  several  counties  of  the  Stale  and  the  Circuit  Court  of  Balti- 
more City,  1st  Monday  of  January,  March,  May,  July,  September  and  November. 

Curtesy. — A  Imsband  is  entitled  to  a  life  estate  in  property  real  and  per- 
.sonal  of  wife  at  time  of  marriage  or  acquired  afterwards  by  li^i",  if  slie  die 
intestate  leaving  diildren.  If  she  die  intestate  leaving  no  childrbn,  her  hus- 
band shall  have  a  life  estate  in  her  real  property,  and  her  i)ersonal  property 
bliall  rest  in  him  absolutely. 

The  right  of  the  •wife  to  encundjer.  convej',  or  will  her  sole  and  separate 
estate,  is  stiperior  to  the  httsband's  right  of  curtesy. 

Deeds. — No  estate  of  inheritance  or  freehold,  or  any  declaration  or  limita- 
tion of  use,  or  any  estate  for  above  seven  years,  shall  i^ass  or  take  effect,  un- 
less the  deed  conveying  the  same  shall  be  duly  executed,  acknowledged  and 
recorded. 

All  deeds  conveying  real  estate  which  contain  the  names  of  grantor  and 
grantee,  a  consideration  where  one  is  necessary  to  validity  of  a  deed,  and  a 
description  of  the  real  estate  sufficient  to  identify  it  with  reasonable  cer- 
tainty, and  the  interest  or  estate  intended  to  be  conveyed,  are  sufficient,  if 
duly  executed,  acknowledged  and  recorded. 

3Iust  be  signed  by  grantor  and  attested  by  at  least  one  witness. 

Descent  and  Distribution. — Lands  and  interests  in  real  estate  etc.  de- 
scend accortling  to  statutory  ntles  varying  according  as  they  were  derived 
from  the  father  or  mother. 

Personal  property  of  an  intestate  decends  :  If  widow  and  no  children,  to 
the  widow.  If  widow  and  children,  one  third  goes  to  widow  and  rest  to 
children  and  representatives  of  deceased  child  or  children  (representatives 
standing  in  the  place  of  a  deceased  child).    For  husband's  estate  see  Curtesy. 

Depositions. — Commissions  may  be  issued  to  take  testimony  to  be  used 
on  trial  of  action  pending,  where  witness  is  unable  to  attend. 

Commissions  to  take  testimony  out  of  the  state  may  be  issued  on  the  court 
being  satisfied  by  affidavit  or  otherwise  that  there  are  material  and  compet- 
ent witnesses  residing  or  living  ottt  of  the  state. 

Such  commissions  are  isstted  to  two  persons  named  by  the  court,  unless  by 
consent  of  parties  to  one  i^erson. 

When  a  commission  is  issued  from  another  state  to  a  person  in  this  state, 
iind  the  witness  fails  to  attend  or  reftises  to  answer,  such  witness  may  be 
recpiired  to  sliow  cause  before  judge  of  circtiit  court  of  city  or  county  why 
he  neglects  to  appear  or  refuses  to  answer. 

Di'Vorce. — A  Vinculo  Matrimonii  may  be  decreed  for,  1st.  Impotence  of 
fitlier  party  at  time  of  marriage.  2d.  For  any  catise,  which  by  the  laws 
of  the  state,  render  a  marriage  nidi  and  void,  nhinitio.  8d.  For  adulteiy. 
4th.  For  abandonment  continued  iiiiinterrui)tedly  for  tliree  years  and  delib- 
erate and  final.  .')th.  When  w"oman  before  marriage  has  been  guilty  of  illicit 
intercourse  with  another  man,  the  same  being  unknown  to  the  husband  at 
the  time  of  marriage,  and  being  duly  2)roven. 

A  menso.  et  thoro  may  be  decreed  forever  or  for  limited  time  for,  1st 
<'i'uelty  of  treatment.  2d.  Excessively  vicious  tonduct.  :5d.  Abandonment 
and  destrtion. 


384  MARYLAND. 

No  person  entitled  to  make  application  for  divorce  where  the  causes  oc- 
curred out  of  this  state,  unless  applicant  has  been  a  resident  of  state  for  tVo 
years  next  preceding  application. 

Dower. — On  the  death  of  her  husband,  the  widow  is  entitled  for  life  to- 
one-third  of  all  the  legal  estate  of  inheritance,  of  which  the  husband  has  had 
at  any  time  during  coverture,  a  sole  and  beneficial  seisin,  provided  the  estate 
be  one  which  tlie  issue  of  the  marriage  might  possibly  inherit. 

The  right  attaches  as  an  inchoate  right  immediately  on  marriage  or  the 
acquisition  of  property,  and  unless  expressly  waived  by  her,  is  superior  to  all 
liens  and  incumbrances  thereafter. 

The  widow  is  dowable  only  out  of  such  equitable  estate  as  the  husband 
owns  at  the  time  of  his  death,  and  all  conveyances  and  contracts  to  convey 
such  property  by  the  husband,  with  or  without  the  wife's  consent,  and  all 
liens  and  incumbrances  on  such  property,  with  tlie  exception  of  judgments 
rendered  or  confessed  subsequent  to  the  marriage,  are  superior  to  the  claims 
of  dower. 

Evidence. — There  is  no  exclvision  of  witnesses  on  the  ground  of  interest  or 
crime  ;  except  that  no  person  convicted  of  perjury  shall  be  permitted  to  tes- 
tify in  any  proceeding  whatever. 

When  an  original  party  to  a  contract  or  cause  of  action  is  dead,  or  when 
an  executor  or  administrator  is  party  to  suit,  either  party  may  be  called 
as  a  witness  by  his  oioponent,  but  shall  not  be  permitted  to  testify  in  his  own 
behalf,  unless  a  nominal  party  merely. 

Testimony  of  party  to  suit  may  be  rebutted  where  he  is  examined  by  op- 
posing party. 

Executions. — On  all  judgments  or  decrees  in  any  court  of  law  or  equity, 
and  on  judgments  of  justices  of  the  peace  recorded  in  the  clerk's  office  of  any 
court  of  law.  An  execution  or  attachment  may  issue  at  any  time  within 
twelve  years  from  the  date  of  such  judgment  or  decree,  (Rev.  Code,  art. 
04,  §  135  ;  1884,  chap.  178). 

Execution  may  be  levied  on  any  property  of  the  defendant,  the  exceptions 
as  stated  below  excepted. 

Executors. — 1.  W7io  may  he.  If  any  person  named  as  executor  is,  at  the 
time  when  administration  ovight  to  be  granted,  under  eighteen  years  of  age, 
or  of  unsound  mind,  incapable  according  to  law,  of  making  a  contract,  or  con- 
vict of  any  infamous  crime,  or  not  a  citizen  of  United  States,  letters  testamen- 
tary or  of  administration  may  be  granted  as  if  such  person  had  not  been 
named  in  will. 

3.  Bond.  Must  give  bond  for  faithful  performance  of  duty,  with  penalty 
of  about  double  value  of  personal  estate.  Where  testator  expressly  in  will 
releases  prospective  executor  from  necessity  of  giving  bond,  executor  is  then 
only  required  to  give  bond  in  double  amount  of  debts  and  court  costs. 

3.  Duties.  In  addition  to  proving  will  and  giving  bond,  must  give  notice 
to  creditors,  return  inventory  and  list  of  debts,  collect  debts,  and  reduce  the 
estate  to  such  condition  as  to  be  able  to  pay  debts,  legacies  and  distribute 
assets  ac  the  proper  time.  Must  pay  debts  before  paying  legacies,  and  if  es- 
tate is  insolvent,  all  legacies  fail :  Must  pay  legacies.  If  necessary  to  sell 
any  of  estate  for  purpose  of  paying  debt  or  legacies,  must  apply  to  orphans' 
court  for  order  to  sell,  unless  the  will  gives  the  power. 

Must  make  investments  of  money  in  hand  and  not  leave  money  idle.  At 
the  end  of  the  year,  must  render  first  account,  and  continue  to  render  ac- 
counts every  six  months  thereafter  if  necessary. 

After  above  is  attended  to,  must  distribute  estate  to  persons  entitled  and 
may  call  all  interested  before  the  court  for  this  purpose,  on  proper  notice. 

If  caveat  be  filed  to  will,  it  is.  in  general,  duty  of  executor  to  defend  it. 

4.  Are  allowed  commissions  which  shall  be  in  the  discretion  of  the  court,, 
not  under  two  nor  exceeding  ten  j)er  cent,  on  the  first  $20,000  of  the  estate,, 
and  on  tlie  bahmce  of  the  estate  n(jt  more  than  two  per  cent. 


MARYLAND.  385 

It  is  not  the  duty  of  administrator  or  executor  to  plead  limitation  to  what 
lie  supposes  to  be  a  just  elaim,  but  the  same  shall  be  left  to  his  honesty  and 
discretion. 

Exemptions. — In  ^Maryland  the  sherifl'  cannot  take  in  exemition  wearing 
apparel,  Ixjuks  or  mechanics'  tools  (except  books  and  tools  kept  for  sale, 
and  except  under  executions  issued  upon  judgments  for  seduction  or  breach 
of  promise  of  marriage).  He  nuist  also  leave  one  hundred  dollars  worth  of 
other  property,  to  be  selected  by  the  defendant,  or,  if  one  hundred  dollars 
worth  cannot  be  conveniently  set  aside,  pay  him  one  hundred  dollars  out  of 
the  proceeds  of  sale.  (Rev.  Code,  art.  G4,  57  ^Id.,  314).  A  chose  in  action 
cannot  be  taken,  nor  a  lien  coupled  with  possession,  nor  any  intangible  prop- 
erty, whether  real  or  personal,  except  stocks.  Equitable  interests  in  per- 
sonal property  cannot  be  taken  in  execution.  The  course  is  for  the  creditor 
to  cause  his  execution  to  be  levied  and  returned,  and  then  go  into  equity. 

Factors. — Any  person  intrusted  for  purpose  of  consignment  or  sale  with 
goods  etc.,  except  agricultural  production.s,  and  who  shall  have  .shipped  or 
consigned  the  same  in  his  own  name,  and  any  person  in  whose  name  any 
goods  etc.  shall  be  shipjied  or  consigned  by  any  other  person,  shall  be  taken 
to  be  the  true  owner  so  far  as  to  entitle  the  consignee  to  a  lien  thereon  for 
any  money  or  negotiable  security  advanced  for  the  use  of  the  person  in 
whose  name  such  goods,  wares  etc.,  shall  be  shipped  or  consigned,  or  for 
any  money  or  negotiable  security  received  by  him  to  the  use  of  such  con- 
signee, in  the  same  manner  as  if  such  person  were  the  true  owner. 

False  Pretence. — Any  person  who  shall,  by  any  false  pretence,  obtain 
from  any  other  person,  any  chattel,  money,  or  valuable  secxirity,  with  intent 
to  defraud  any  person  of  the  same,  shall  be  guilty  of  a  misdemeanor.  Pun- 
ishment according  to  the  statute.  A  mere  promise  for  future  payment, 
though  not  intended  to  be  performed,  shall  not  be  sufficient  to  authorize  a 
conviction. 

Fraud,  Statutes  of. — The  most  important  section  of  the  original  English 
"statute  of  frauds,"  are  held  to  be  in  force  in  Maryland  as  construed  by 
the  decisions  of  the  court  of  appeals.  See  "Alexander's  British  Statutes  iii 
force  in  Maryland." 

Gamisllinent. — Garnishee  in  attachment  may  plead  in  behalf  of  the  de- 
fendant, any  plea  or  pleas  which  the  defendant  might  plead  if  the  summons 
had  been  served  upon  him  and  he  had  appeared. 

Grace. — No  statutory  regulations  as  to  days  of  grace. 

Homestead. — There  is  no  homestead  exemption  in  the  state  of  Maryland, 
as  in  some  other  states. 

Insolvent  Laws. — Under  the  present  law  a  debtor  may  be  voluntarily  ad- 
judicated an  insolvent  on  his  own  a>)i)lication,  or  may  be  thrown  into  iiivol- 
untary  insolvency  on  the  ai)plication  of  a  creditor  or  creditois,  whose  claims 
amount  to  not  less  than  $2.10.00,  for  certain  acts  set  out  in  the  statute. 

When  application  is  made,  the  court  ai)i>oints  a  preliminary  trustee,  who 
gives  bond,  and  to  wiiom  insolvent  shall  convey  all  his  projjerty.  The  pre- 
liminary trustee  gives  notice  to  all  the  creditors  of  meeting  for  choice  of  per- 
manent trustee,  who  shall  be  the  person  receiving  votes  of  majoiity  of  cred- 
itors, subject  to  approval  of  court.  Court  may  at  any  time  order  insolvent 
to  appear  and  answer  interrogatories  of  creditors.  No  person  guilty  of  fraud- 
ulent disposition  of  his  property  or  of  impro])er  prefeience  within  one  year 
before  application  to  be  discharged.      The  estate  of  the  in.solvent  shall  be 


386  MARYLAND. 

distributed  under  tlie  order  of  the  court,  according  to  the  principles  of  equity, 
and  no  creditor  shall  acquire  a  lien  by  fieri  facias  or  attachment,  unless 
the  same  be  levied  before  the  filing  of  tlie  petition. 

Joint  proceedings  against  partners  will  lie.     Act  1884,  c.  29o. 

No  deed  or  conveyance  executed,  or  lien  created  by  any  banker,  stock 
broker,  merchant,  manufacturer  or  trader,  being  insolvent,  or  in  contempla- 
tion of  iiisolvency,  shall  be  valid  if  the  same  contain  any  preferences,  save 
such  as  result  from  operation  of  law,  and  save  those  for  the  wages  or  salaries 
to  clerks,  servants  and  employees,  contracted  not  more  than  three  months 
anterior  to  the  execution  thereof,  and  all  preferences,  with  said  exceptions, 
shall  be  void,  however  the  same  may  be  made  ;  provided  the  grantor  or  per- 
son creating  said  lien  or  preference,  shall  be  proceeded  against  as  an  insolv- 
ent, or  shall  apply  for  the  benefit  of  the  insolvent  law,  within  four  months 
after  the  recording  of  the  deed  or  conveyance,  or  creation  of  said  lien  or 
preference,  and  shall  be  declared  or  shall  become  an  insolvent.  Act  of  1886, 
c.  298,  etc. 

The  eftect  of  the  discharge  of  the  insolvent  is  to  release  him  from  all  his 
debts,  liabilities  and  engagements,  of  every  sort,  existing  at  the  time  of  the 
application,  except  judgments  for  seduction  of  "any  female,"  and  slander 
of  an  "unmarried  female,"  and  debts  to  non-resident  creditors  who  do  not 
valuntarily  come  in  and  make  themselves  parties  to  the  insolvent  pro- 
ceedings. 

Interest. — The  legal  rate  of  interest  is  six  per  cent,  per  annum.  The  leg- 
islature has  power  to  provide  otherwise,  but  has  never  done  so.  (Const., 
1867).  Judgments  bear  six  per  cent,  interest  from  the  time  they  were  rend- 
ered. A  person  proved  guilty  of  usury  forfeits  all  the  excess  above  the  real 
svim  or  value  of  the  goods  and  chattels  actually  lent,  and  legal  interest  on 
such  sum  or  value.     (Rev.  Code,  art.  36,  57  Md.,  407). 

Judgments. — Are  liens  for  twelve  years  from  date  of  rendition  on  any 
interest  of  the  defendant  in  real  or  leasehold  property  within  the  county 
where  rendered.  They  can  be  transferred  from  one  county  to  another  by 
sending  an  execution  to  the  sheriff,  and  a  copy  of  the  docket  entries  to  the 
clerk.  The  lien  commences  in  the  county  to  which  the  execution  is  issued, 
from  the  date  of  the  entry  of  the  docket  entries  by  the  clerk. 

Justices  of  the  Peace. — In  Baltimore  city  have  exclusive  civil  jurisdiction 
where  debt  or  damages  claimed  does  not  exceed  $100. 

In  the  counties  have  exclusive  jurisdiction  where  debts  or  damages  claimed 
does  not  exceed  $.)0.  And  concurrent  jurisdiction  with  the  circuit  court  for 
the  county  where  debt  or  damage  claimed  exceeds  $50,  and  does  not  exceed 
iJlOO. 

Landlord  and  Tenant. — Summary  statutory  proceeding  to  dispossess 
tenant  holding  over  is  given  by  act  of  1884,  c.  355,  as  amended  by  act  of 
188(i,  c.  470. 

Statutory  proceedings  for  distress  for  rent. 

Leases.— (-SV^-  Deeds). 

License. — When  required  by  statute,  are  granted  by  clerks  of  circuit 
lourts  for  the  counties  and  by  clerk  of  court  of  common  pleas  in  tlie  city 
of  Baltimore. 

Liens. — {See  Executions.  Judf/inents,   2'axes.  Mortrjarjes,  etc.) 

Limitation  of  Actions. — Open  accounts  and  sim])le  contracts  three  years  ; 
sealed  instruments  and  judgments,  twelve  years.  Iievivt)r  :  Judgments  by 
■'<rire  fades  \  oilier  debts  l)y  any  promise  or  acknowledgment,  written  or 
verbal. 


MARYLAND.  387 

Limited  Partnerships. — For  the  transactioTi  of  any  mercantile,  mechan- 
ical, manufacturuig-  or  bankiiij;^  Inisine.ss,  may  be  formed  by  two  or  more 
l»ersons,  upon  the  term,  with  the  ri<;ht  and  powers,  and  subject  to  tlie  con- 
<litions  and  liabilities  prescribed  by  statute. 

Married  Women. — The  property  of  wife  is  not  liable  for  debts  of  hus- 
band, nor  subject  to  his  control ;  husband,  however,  must  join  in  deed  con- 
veving  or  transferrinj,^  the  same,  but  she,  by  will,  can  dispose  of  it  as  if  she 
Avere  nfemme  sole. 

Mechanics  Liens. — Every  building  erected  and  every  building  repaired, 
lebuilt  or  improved  to  the  extent  of  one-fourth  its  value,  shall  be  subject  to 
ii  lien  for  the  payment  of  all  debts  contracted  for  work  done  or  materials 
furnished  for  or  about  the  same.  In  all  cases  where  a  building  shall  be 
commenced  and  not  finislied,  the  lien  shall  attach  thereto  to  the  extent  of  the 
woik  done  or  material  furnished. 

The  proceedings  are  by  bill  in  equity  or  writ  of  scire  facias. 

Minors. — The  circuit  coui't  of  Baltimore  city,  and  the  circuit  courts  of  the 
counties  sitting  in  equity,  have  jurisdiction  for  the  sale,  lease,  or  i^artition 
of  the  property  of  infants  or  minors. 

Mortgages. — Are  executed,  acknowledged  and  recorded  the  same  as  deeds, 
and  are  not  valid  against  creditors  unless  recorded  within  six  months'. 
There  must  be  an  affidavit  made  by  the  mortgagee  or  his  agent,  at  any  time 
before  recording,  that  the  consideration  is  true  and  bona  fide.  If  made  by 
iigent,  he  must,  in  addition,  make  oath  that  he  is  the  agent  of  the  mortgagee. 
A  like  affidavit  is  required  to  chattel  mortgages  and  absolute  bills  of  sale, 
both  of  which  must  be  recorded  within  twenty  days.  The  lien  of  a  mort- 
gage may,  by  ceasing  to  j^ay  interest  or  any  installment  of  the  principal  for 
twenty  years,  be  barred.  They  may  be  foreclosed  at  any  time  after  the  debt 
becomes  dtie,  and  before  the  lien  is  barred. 

Notes  and  Bills  of  Exchange.— Negotiable  paper  is  regulated  among  us 
by  the  law  merchant,  and  lias  been  mtiditicd  by  statute  in  this  state  only  in 
the  matters  of  damages,  protests,  etc.,  as  shown  by  Revised  Code,  art.  3-">. 
Notes  must  be  paid  the  day  before  a  Sunday  or  a  holiday,  .ludgment  notes 
are  not  allowed. 

Oaths  and  Affidavits. — Whenever  an  oath  is  required  by  statute,  an 
affirmation  will  be  sufficient,  if  made  by  a  penson  conscientiously  scrupu- 
lous of  taking  an  oath. 

Partnerships. — (See  Liinited  Partnerships.) 

Promissory  Notes. — (See  Notes  and  Bills  of  Exchange.) 

Proof  of  Claims. — The  oath  of  any  disinterested  credible  witness,  made 
and  certified  as  reciuired  by  statute,  proving  the  payment  or  delivery  of  any 
money,  or  the  delivery  or  sale  of  any  goods  etc.,  by  any  merchant  or  manu- 
facturer etc.,  and  being  an  inhabitant  of  any  other  of  the  United  States  or  of 
any  foreign  country,  sliall  be  legal  evidence  in  any  court  to  charge  the  per- 
son to  wlumi  such  money,  goods,  etc.,  shall  be  so  proved  to  be  delivered,  and 
to  prove  the  i)rice  and  an  assumption  to  pay  for  the  same,  provided  the  party 
bringing  suit  shall  make  (before  the  true  court)  in  manner  re<piired  by  stat- 
ute '"that  he  believes  the  money,  goods,  wares,  merchandise,  effects,  or 
chattels,  charged  in  the  account  to  which  such  oath  shall  be  annexed,  were 
bona  fide  delivered  as  charged  ;  that  he  hath  not,  to  his  knowledge  or  belief, 
received  any  payment  or  satisfaction  for  the  articles  charged,  more  than 
credit  is  duly  given  for,  in  andai>pcaring  upon  the  said  a<'count,  nor  hath  he 
received  any  security  for  the  same,  and  that  the  balance  charged  and  claimed 
is  justly  due.  according  to  the  best  of  his  knowledge  and  belief."" 


388  MAEYLAND. 

Recording. — {Sec  Deeds.) 

Redemption. — {See  Mortgages,  and  Limitations.) 

Replevin. — Is  commenced  by  plaintiff  filing  with  clerk  of  court,  a  bond  \n 
:i  penalty  double  the  value  of  the  goods  which  he  claims,  and  with  a  surety 
or  sureties  satisfactory  to  the  clerk. 

Revivor. — A  bill  of  revivor  or  supplementary  bill  in  proceedings  in  equity, 
may  be  tiled  instead  of  a  suggestion  of  the  death  of  a  party,  and  notice 
thereof  shall  be  given  to  the  party  a'gainst  whom  the  same  may  be  filed,  if 
a  resident  of  this  state,  by  subpcena,  or  service  of  a  copy  of  such  bill,  as  the 
court  may  direct ;  or  if  the  party  be  a  non-resident,  or  evade  service  of  the 
summons  or  copy,  or  if  the  residence  of  the  party  be  unknown,  then  notice 
by  publication  may  be  given  as  against  non-resident  defendants. 

Security  for  Costs  and  other  Undertakings. — {See  Costs,  Security  for.) 

Stay  of  Execution. — Where  judgments  are  rendered  at  the  second  term 
after  summons,  the  defendant  is  entitled  by  express  statute,  to  a  stay  of  ex- 
ecution until  the  first  Tliursday  of  the  third  term.  This  privilege  applies 
merely  to  the  counties.  In  Baltimore  city  no  such  stay  exists,  but  execu- 
tion may  issue  at  any  tinre  after  the  entering  rip  of  final  judgment,  j)rovided. 
of  course,  it  is  not  stayed  in  some  other  way,  i.  e.,  by  further  legal  px-oceed- 
ing  on  the  part  of  the  defendant  in  the  judgment. 

Defendant  may  have  stay  of  execution  on  a  judgment  for  six  months  by 
confessing  judgment  together  with  two  sureties  for  its  payment  at  the  expir- 
ation of  the  time.  .lustices  of  the  peace  have  jurisdiction  of  amounts  up  to 
$100.  Where  the  amount  of  the  judgment  is  $30  or  less,  the  defendant  may 
obtain  this  stay  or  supercedeas  for  six  months  ;  and  if  above  $30,  for  twelve 
months. 

Suits. — {See  Courts,  Jurisdiction  of.) 

Supplementary  Proceedings. — There  are  no  supplementary  proceedings 
in  Maryland  similar  to  those  in  force  in  New  York  and  Massachusetts. 

Taxes. — Must  be  paid  as  per  statute  on  commissions  of  executors  and  ad- 
ministrators, and  on  collateral  inheritances,  distributive  shares  and  legacies. 

Trust  Deeds. — {See  Assignments.) 

Usury. — {See  Interest  and  Usury.) 

Wages. — No  attachments  of  the  wages  or  hire  of  any  laborer  or  employee 
in  the  hands  of  the  employer,  whether  private  individual  or  bodies  corporate, 
shall  attect  any  salary  or  wages  of  the  debtor  which  are  not  actually  due  at 
the  date  of  the  attachment ;  and  the  sum  of  $100  of  such  wages  or  hire  due 
to  any  laborer  or  employee  by  any  employer  or  corporation  shall  always  be 
exempt  fiom  attachment  by  any  process  whatever.     (Act  of  1886,  c.  65.) 

Wills. — All  lands  etc.,  which  miglit  pass  by  deed,  and  which  would,  in 
case  of  the  proprietor  dying  intestate,  descend  to  his  or  her  heirs,  or  other 
representatives,  except  estates  tail,  and  all  goods,  chattels,  or  personal  prop- 
erty of  any  kind  which  might  pass  by  deed,  bill  of  sale,  assignment  or  deliv- 
ery, sliall  be  subject  to  be  disposed  of,  transferred  and  passed,  by  his  or  her 
last  will  or  codicil,  under  the  following  restrictions  : 

All  devises  and  bequests  of  lands  or  interest  therein,  and  all  bequests  of 
any  personal  ])i-(»pcrty,  shall  be  in  writing,  and  signed  by  the  party  devising 
or  bequeathing  the  same,  or  by  some  other  person  for  him,  in  his  presence 


MARYLAND.  389 

and  by  his  express  direction,  and  sliall  be  attested  and  subscribed  in  the 
jiresenoe  of  the  said  devisor,  by  two  or  more  credible  witnesses,  or  else  they 
shall  be  utterly  void  etc. 

No  will  in  writinj;-  etc.  shall  be  revocable  otherwise  than  by  some  other 
will  or  codicil  in  writing,  or  by  burning',  cancelling,  tearing,  or  obliterating 
the  same,  by  the  testator  himscll",  or  in  his  presence,  and  by  his  direction 
iind  consent. 

No  nuncupative  will  shall  hereafter  be  valid  in  this  state  ;  but  any  soldier, 
being  in  actual  military  servit'e,  or  any  mariner  being  at  sea,  may  dispose  t)f 
his  movables,  wages  and  personel  estate  as  heretofore. 

Every  Mill  etc.,  made  out  of  this  state,  by  citizen  thereof,  shall  be  held  to 
be  valid,  if  made  according  to  the  forms  rijquired  by  law  of  the  place  where 
>;uch  person  was  residing  when  the  same  was  made,  and  the  said  will,  when 
so  executed,  shall  be  admitted  to  probate  in  any  orphans'  court  of  this  state. 

Witnesses. — (See  Evidence.) 


390 


MARYLAND. 


ATTORNEYS    IN     MARYLAND. 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  population. 
Figures  after  names  when  admitted  to  the  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (|)  our  Compiler  of  Laws. 
A  dagger  (t)  former  recommendations  withdrawn. 


PLACE. 


Annapolis 


COUNTY. 


Anne  Arundle 


NAMES   OF  ATTORNEYS. 


James  Revell. 


POPULA  N. 


r,800 


Baltimore.        Baltimore  County.        Population,  335,000. 

Carr,  Alfred  J.,  306  E.  Lexington  St. 
Chilton,  Harris  J.,  cor  Courtland  and  Lexington  Sts. 
8ee  Card  in  Appendix,  page  xxx. 

X  Johnson,  Baker,  6  South  St. 

See  Card  in  Appendix,  page  xxxi. 
LLOYD,  PARLETT,  9  E.  Lexington  St. 
Preston,  J.  H.,  220  or  38  St.  Paul  St. 
REESE,  D.  MEREDITH,  '68,  110  E.  Lexington  St. 
Thomas,  Joseph  A.,  110  St.  Paul  St. 
WILCOX,  CHARLES  E.,  8  E.  Lexington  St. 
\Neale,  Wm.  B.,  208  N.  Calvert  St. 


Bel  Air 

Berlin 

Bladensburgh 

Cambridge 

Centreville 

Chestertown 

Crisfield 

Cumberland 

Denton 

Easton 

Elkton 

Ellicott  City 

Emmitsburg 

Frederick 

Hagerstown 

Hyattsville 

Leonardtown 

Oakland 

Pocomoke  City 

Port  Tobacco 


Harford 

Worcester 
Prince  Georges 
Dorchester 
Queen  Anne 
Kent 
Somerset 

Allegheny 

Caroline 

Talbot 

Cecil 

Howard 

Frederick 

Frederick 

Washington 

Prince  Georges 

St.  Mary's 

Gai  rett 

Worcester 

Charles 


Prince  Fredericktown.  Calvert 
Princess  Anne  Somerset 

RockviUe  Montgomery 


HARLAN  ('80)  & 

WEBSTER  ('81). 
Edward  D.  Martin. 
Marion  Duckett,  '70. 
Daniel  M.  Henry,  Jr. 
John  B.  Brown. 
HOPE  H.  BARROLL. 
Thomas  A.  Hodson. 
J.  SEMENS  DEVECMON, 
'81.     (Remits  promjitly.) 
Philip  W.  Downes. 
f  Jump  &  Todd. 
WILFRED  BATEMAN,  '81. 
Jones  &  Haines. 
.John  G.  Rogers. 
E.  Rowe. 
C.  V.  S.  LEVY. 
Wm.  T.  Hamilton. 
{See  Blandensburgh.) 
Robert  C.  Combs. 
G.  S.  Hamill. 

C.  O.  Melvin. 
R.  H.  Edelen. 

D.  R.  Magruder. 
John  W.  Chrisfield. 
Anderson  &  Bonie. 


1,000 
1,055 
466 
3,000 
1,300 
2,600 
3,500 

12,000' 

700 

3.005 

2,000 

2,000 

1,000 

9,000 

9.000 

288 

500 

1,400 

1,500 

500 

275 

751 

1.200' 


MARYLAND.  391 

TY.  NAMi:S   OF    ATTOItNKYS.      rOl'UI.A'N. 


Salisbury  Wicomico 

Snow  Hill  Worcester 

St.  Micliael's  Talbot 

Towson  lialtiinoro 

Upper  Marlborough  Prince  Georyes 
Westminster  Carroll 


E.  STANLEY  TOADWIN. 

\  Titos.  F.  1.  Rider. 

A.  P.  Barnes. 

{8ec  Edxtoit.) 

K.  R.  IJoarnian. 

]{.  B.  Chew. 

Chas.  JJ.  Roberts. 


3,651 

1,270 
1,175 
1,316 
541 
3,341 


BANKS  IN   MARYLAND. 

Giving  the  name  of  town,  hank  and  cashier,  and  amount  of  paid-up  capital  of  one 
bank  in  each  county  of  this  state  in  which  sucli  a  banking  institution  is  located. 


PAID   UP 

PLACE. 

XAME   OF   BANK. 

CASHIER. 

CAPITAL. 

Annapolis 

Farmers'  National  Bank 

L.  G.  Gassaway. 

.$  251,700 

Baltimore 

Merchants'  National  Bank 

E.  H.  Thompson. 

1,500,000 

Bel  Air 

Hartford  National  Bank 

James  McAfee. 

50,000 

Cambridge 

National  B'k  of  Cambridge 

W.  F.  Drain. 

50,000 

Centreville 

Centreville  National  Bank 

J.  F.  Rolph. 

75,000 

Chestertown 

Chestertown     "             •' 

.Joseph  Peterson. 

50,000 

Cumberland 

First 

,J.  L.  Griffith. 

100,000 

Denton 

Denton               "             " 

R.  T.  Carter. 

50,000 

Easton 

Easton  Nat  Bk  of  ^laryland 

[  R.  Thomas. 

300,000 

Elkton 

National  Bank  of  Elkton 

Chas.  B.  Finley. 

50,000 

Frederick 

Central  National  Bank 

Henry  Williams. 

200,000 

llagerstown             ^ 

Hao-erstown  National  Bank 

.Joseph  Ivausler. 

150,000 

Havre  de  Grace  First                     "             " 

liobt.  Iv.  Vanneman. 

60,000 

New  Windsor 

First 

N.  IT.  Baile. 

.55,000 

Port  Deposit 

Cecil 

R.  C.  Hopkins. 

100,000 

Rising  Sun 

National  B'k  of  Rising  Sun 

John  D.  Haines. 

50,000 

Rockville 

Montgomery  Co  Nat  Bank 

John  F.  layers. 

50.000 

Salisbury 

Ralisb\iry  National  Bank 

John  II.  AVhite. 

50^000 

Taneytowu 

Geo  H  Birnie  &  Co 

Geo.  H.  Birnie. 

13,000 

Uniontown 

Carroll  Co  Savings  Bank 

Jesse  T.  H.  Davis. 

20,000 

Westminster 

First  National  Bank 

(4co.  R.  Gehr. 

125,000 

Williamsport 

Washington  Co  Nat  Bank 

J.  L.  Hotter. 

1.50,000 

STATE  OF 

MASSACHUSKTXS. 

SUMMARY   OF 

Collection    Laws. 


CotTRT  Calendar,  Instructions  for  taking   Depositions,  Legal  Forms,  Etc. 

Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "Showers' 

Legal  Directory  and  Merchants'  Guide."  for  1888,  by' 

Wm.  G.  Waitt,  No.  31  Milk  St.,  Boston,  Mass. 

Ackno-wledgments.— (-S^ee  Deeds.) 

Actions. — There  are  three  divisions  of  personal  actions,  viz.  :  contract,  tort 
and  replevin.  In  general,  they  must  be  brought  in  the  county  where  some 
one  of  the  parties  lives  or  has  his  usual  place  of  business,  but  if  neither  party 
lives  in  the  state,  the  action  may  be  brought  in  any  county.  Actions  begun 
by  trustee  process  (garnishment)  must  be  brought  in  the  county  in  which 
some  one  of  the  trustees  (garnishees)  lives  or  has  his  usual  place  of  business. 
Ill  replevin  the  writ  is  in  all  cases  returnable  in  the  county  in  which  the 
goods  are  detained ;  and  actions  concerning  land  must  be  brought  in  the 
county  in  which  the  land  lies. 

Administration. —  Of  Estates  of  Deceased  Persons. — Administration  of 
the  estate  of  an  intestate  person  is  granted  by  the  probate  court  for  each 
county  in  which  the  deceased  was  an  inhabitant  or  resident  at  the  time  of 
decease.  1st.  To  the  widow  or  next  of  kin,  or  the  widow  jointly  with  the 
next  of  kin  as  the  court  may  deem  fit,  or  to  some  person  whose  appointment 
is  assented  to  in  writing  by  the  widow  and  next  of  kin,  of  full  age  and  legal 
capacity,  resident  of  this  commonwealth;  3d.  If  the  deceased  was  a  mar- 
ried woman,  to  her  husband,  if  he  is  comi>etent  and  willing  to  undertake  tho 
trust,  unless  some  testamentary  or  other  disposition  of  her  estate  renders  it 
necessary  or  proper  to  appoint  some  other  person.  3d.  If  all  said  persons 
are  incompetent  or  evidently  unsuitable  to  discharge  the  trust,  if  they  re- 
nounce it,  or  if  without  sufficient  cause  and  after  having  been  cited  by  the 
court  for  the  i^urpose,  they  neglect  for  thirty  days  after  the  death  of  the  in- 
testate to  take  administration,  it  shall  be  granted  to  one  or  more  of  the  prin- 
cipal creditors.  4th.  If  there  is  no  such  creditor  willing  and  competent  to 
undertake  the  trust,  it  maybe  granted  to  such  person  as  the  court  may  deem 
fit.  5th.  If  there  is  no  widow,  husband  or  next  of  kin,  within  the  common- 
wealth, it  shall  be  granted  to  a  public  administrator  in  preference  to  credi- 
tors. Every  administrator,  before  entering  on  the  execution  of  his  trust, 
must  give  a  bond  with  sufficient  surety,  or  sureties,  in  such  sum  as  the  court 
may  order,  usually  twice  the  value  of  the  personal  estate,  with  condition  to 
make  and  return  to  the  court,  within  three  months,  a  true  inventory  of  the 
intestate's  real  and  personal  estate,  which  shall  have  come  to  the  possession 
[Muss.  I.l 


MASSACHUSETTS.  393 

or  knowledge  of  the  administrator;  to  administer  accordiu;^  ti>  l.iw  all  such 
j»ersonal  estate,  and  the  proceeds  of  any  of  tlie  real  estate  sold  or  inoitt^aged 
by  him  ;  to  render  upon  oath  a  true  account  at  least  once  a  year,  unless  ex- 
cused by  the  court,  and  at  such  other  times  as  the  court  may  order;  to  pay  to 
such  i)ersons  as  the  court  may  direct  anyl)alan(e  remaininif  in  his  hands  upon 
the  settlement  ot  his  accounts, and  to  deliver  his  letters  of  administration  into 
the  court  in  case  any  will  of  deceased  is  thereafter  duly  proved  and  allowed, 
lie  may  f;ive  his  personal  bond  and  be  exempt  from  giving  a  surety,  or  sure- 
tics  ou  his  bond,  when  all  persons  interested  in  the  estate  of  fidl  age  and 
legal  cai)acity,  other  than  creditore,  certify  their  consent  thereto,  but  may 
subsequently  be  required  by  the  court,  for  sufficient  cause,  to  give  a  bond 
with  sufficient  surety  or  sureties.  Administration  shall  not  be  originally 
granted  after  the  expirati()n  of  twenty  years  from  the  death  of  intestate,  ex- 
cept that  when  any  properly,  or  claim  or  right  thereto,  belongs  or  thereafter 
accrues  to  the  estate  and  remains  to  be  administered,  the  probate  court  may 
iirant  original  ailministr.itiou  on  such  property,  but  it  shall  allect  no  other 
property.  If  a  sole  administiator  dies  before  he  completes  his  trust  ov  is  re- 
moved or  resigns,  administration  de  bmiis  non  will  be  granted  to  some  suit- 
able i)erson,  provided,  there  is  jjersonal  estate  not  administered  to  the 
amount  of  twenty  dollars,  or  debts  to  that  amount  are  remaining  due  from 
the  estate.  When  no  executor  is  named  in  a  will,  or  the  executor  therein 
named  is  dead,  or  refuses  to  accept  the  trust,  or  fails  to  give  bond  for  twenty 
days  after  the  probate  of  the  will,  or  is  a  minor  or  otherwise  legally  incom- 
petent, administration  with  the  will  annexed  is  granted  to  the  person  who 
would  have  been  entitled  thereto  if  the  deceased  had  died  intestate.  When 
a  citizen  of  another  state  or  county  dies  leaving  estate  to  be  administered  in 
this  commonwealth,  administration  of  such  estate  may  be  granted  here,  as 
ancillary  or  auxiliary  to  the  principal  administration  granted  in  the  jurisdic- 
tion where  the  deceased  dwelt,  and  application  must  be  made  to  the  probate 
court  of  the  county  in  which  he  left  estate  to  be  administered.  Public  ad- 
ministrators are  entitled  to  administer  upon  the  estates  of  persons  who  die 
intestate,  leaving  property  to  be  administered  and  not  leaving  a  known  hus- 
band, widow  or  heir  in  the  commonwealth.  Non-residents  maybe  ajipointed 
executors  and  administrators,  but  before  entering  upon  the  duties  of  the 
trust,  must  in  writing,  appoint  an  agent,  residing  here,  upon  "whom  legal 
process  can  be  served. 

AfB.davits. — {See  Depositions.^ 

Aliens. — Resident  or  non-resident  may  take,  hold,  transmit  and  convey 
real  estate  as  citizens. 

Appeals  — A  party  aggrieved  by  the  judgment  of  a  municipal  police  dis- 
trii-t  oi'  justi(;es'  court,  may  appeal  to  the  superior  court.  The  ai)i)eal  must 
be  claimetl  within  twenty-four  hours,  after  judgment  is  rendered. 

Arrest. —  On  mesne  process  and  execution. 
1.   Oil  mesne  process. 

No  person  can  be  arrested  on  mesne  process,  in  an  action  of  contract,  unless 
the  i)laintiff  or  some  person  in  his  behalf  makes  affidavit,  and  proves  to  the 
satisfiiction  of  a  master  in  chancery,  or  one  of  certain  other  magistrates,  1st. 
That  he  has  a  good  cause  of  ai^tion  and  reasonable  expectation  of  recovering 
a  sum  amounting  to  twenty  dollars,  exclusive  of  all  costs  which  have  acciiied 
in  any  fomier  action  ;  2d.  That  he  bt'lievcs,  and  has  reason  to  believe,  that 
the  defendant  has  property  not  exempt  from  being  taken  on  execution,  which 
he  does  not  intend  to  ai)ply  to  the  payment  of  the  ])laintiflrs  claim,  and  3d. 
That  he  believes,  and  has  reason  to  believe,  that  the  defendant  intends  to 
leave  the  state,  so  that  execution,  if  obtained,  cannot  be  served  upon  him, 
or  (instead  of  the  seccmd  and  third)  that  the  defendant  is  an  attorney  at  law, 
that  the  debt  sought  to  be  recovered  is  for  money  collected  by  the  tlefeudant 
[Mass.  2.] 


39  i  MASSACHUSETTS. 

for  the  plaintiff,  and  that  the  defendant  unreasonably  neglects  to  pay  the  same 
to  the  plaintiff.  No  person  can  be  arrested  on  mesne  process  in  an  action  of 
tort,  unless  the  plaintiff  or  some  person  in  his  behalf,  makes  oath  that  he  be- 
lieves, and  has  reason  to  believe,  that  he  has  a  good  cause  of  action  against 
the  defendant,  that  he  has  reasonable  expectation  of  recovering  a  sum  equal 
at  least  to  one-third  the  damages  claimed  in  the  writ,  and  that  he  believes, 
and  has  reason  to  believe,  that  the  defendant  intends  to  leave  the  state,  so 
that  if  execution  be  obtained,  it  cannot  be  served  upon  him.  No  person  can 
be  arrested  on  mes/ie  process  in  a  civil  action,  for  slander  or  libel.  No  woman 
can  be  arrested  on  mesne  process,  except  for  tort. 
2.  O/i  Execution. 
A  judgment-debtor  may  be  arrested  in  a  civil  action,  on  an  execution 
amounting  to  twenty  dollars  or  more,  exclusive  of  all  costs,  provided,  the 
judgment-creditor,  or  some  person  in  his  behalf,  makes  affidavit,  and  proves 
to  the  satisfaction  of  the  proper  magistrate,  that  he  believes,  and  has  good 
reason  to  believe,  1st.  That  the  debtor  has  property  not  exempt  from  being- 
taken  on  execution,  which  he  does  not  intend  to  apply  to  the  i)ayment  of  the 
plaintiffs  claim  ;  or  2d.  That  since  the  debt  was  contracted  or  the  cause  of 
action  accrued,  the  debtor  has  fraudulently  conveyed,  concealed,  or  other- 
wise disposed  of  some  part  of  his  estate  with  a  design  to  secure  tho  same  to- 
his  own  use,  or  defraud  his  creditors ;  or  3d.  That  since  the  debt  was  con- 
tracted, or  the  cause  of  action  accrued,  the  debtor  has  hazarded  and  paid 
money  or  other  property,  to  the  value  of  one  hundred  dollars  or  more,  in  some 
kind  of  gaming  jirohibited  by  the  laws  of  this  state ;  or  4th.  That  since  the 
debt  was  contracted,  the  debtor  has  wilfully  expended  and  misused  his  goods 
or  estate,  or  some  part  thereof,  for  the  purpose  of  enabling  himself  to  swear 
that  he  has  not  any  estate  to  the  amount  of  $20,  except  such  as  is  exempt 
from  being  taken  on  execution ,  or  5th.  If  the  action  was  founded  on  con- 
tract, that  the  debtor  contracted  the  debt  with  an  intention  not  to  pay  the 
same  ;  or  6th.  That  the  debtor  is  an  attorney  at  law  ;  that  the  debt  upon- 
which  the  judgment  on  which  the  execution  issued  was  recovered,  was  for 
money  collected  by  the  debtor  for  the  creditor,  and  that  said  attorney  unrea- 
sonably neglects  to  pay  the  same. 

But  the  magistrate  must,  before  granting  the  certificate  aixthorizing  arrest, 
issue  notice  to  the  debtor  to  appear  and  submit  to  examination  touching  said 
charges,  and  the  creditor  must  prove  to  the  satisfaction  of  the  magistrate 
that  the  charges,  or  some  of  them  are  true. 

A  magistrate,  before  authorizing  the  arrest  of  tire  debtor,  upon  the  first  of 
the  above  charges,  (unless  it  appears  that  the  debtor  intends  to  leave  the 
state),  shall  issue  a  notice  to  the  debtor,  to  appear  and  submit  to  examina- 
tion, upon  oath,  touching  his  estate.  The  examination  is  oral,  unless  one  of 
the  parties  requests  it  in  writing,  and  any  property  of  tlie  debtor  thus  dis- 
closed, above  the  amount  of  twenty  dollars,  and  not  exemjit  from  being  taken 
on  execution,  must  be  assigned  by  the  debtor  to  the  creditor,  or  produced  to 
be  taken  on  the  execution,  and  applied  to  the  payment  thereof,  whereupon 
the  debtor  is  exempt  for  throe  years  from  arrest  by  said  creditor,  upon  the 
same  charge  and  cause  of  action. 

A  female  debtor  may  be  compelled  to  submit  to  a  similar  examination  ia 
the  court  of  insolvency,  and  to  apply  her  property  thus  disclosed  to  the  pay- 
ment of  tlie  execution.  When  arrested  on  mesne  process,  the  debtor  may 
procure  bail,  and  when  arrested  on  mesne  process,  or  on  execution,  he  may 
recognize,  for  his  appearance  within  thirty  days,  to  take  the  oath  for  the  re- 
lief of  i)oor  debtors,  or  that  he  does  not  intend  to  leave  the  state  ;  and  upon 
giving  tlie  notice  prescribed  by  statute,  he  shall  be  examined,  and  if  the 
magistrate  is  upon  such  examination,  satisfied  of  the  truth  of  the  oath  to  be 
taken,  he  shall  discharge  the  debtor,  and  make  a  certificate  thereof. 

Assignments. — (See  Insolvent  Laws.) 
[Mass.  ;j.j 


MASSACHUSETTS.  305 

Attachments. — All  roal  and  personal  property  liable  to  be  taken  on  execu- 
tion, may  l>e  attathed  upon  tlie  ori<^inal  writ,  and  held  as  security  to  satisfy 
such  judfTiiieut  as  the  plaintirt'  may  recover,  but  no  attachment  of  real  es- 
tate can  be  made  on  a  -svrit  returnable  before  a  trial  justice,  or  police  district, 
or  municipal  court,  unless  the  debt  or  damages  demanded  therein,  exceed 
twenty  dollars.  Railroad  cars  and  engines  in  use,  and  making  regular  pas- 
sages, and  steamboats  so  in  use  upon  water  routes,  cannot  be  attached  with- 
in forty  eight  hours  previous  to  fixed  time  of  departure,  unless  a  demand  for 
other  property  to  be  attached  has  been  refused.  No  ship  or  vessel  can  be 
attached,  unless  a  declaration  is  inserted  in  the  writ,  and  the  plaintirt"  or  some 
IKM-sonin  his  behalf,  makes  affidavit  before  the  proper  magistrate,  that  he  has 
a  good  cause  of  action  and  reasonable  expectation  of  reeoveinng  one-third. 
the  damages  demanded. 

Shares  of  stock  in  corporations  organized  under  the  laws  of  this  state,  or 
under  the  laws  of  the  United  States,  and  located  or  having  a  general  otHce  ii» 
tiiis  state,  may  be  attached. 

Mortgaged  personal  property  in  the  pos.session  of  the  mortgagor,  may  be 
attached,  and  the  mortgagee  summoned  as  trustee,  for  examination,  in  re- 
gard to  the  consideration  of  the  mortgage,  and  the  amount  due  thereon.  If 
he  is  not  so  summoned,  the  attaching  creditor  must  pay  or  tendertothe  mort- 
gagee or  holder  of  the  propertj',  the  amount  due  on  the  mortgage,  within  ten. 
days  after  written  demand,  or  the  attachment  will  be  dissolved. 

No  bond  is  required  in  making  an  attachment,  but  the  creditor,  if  non- 
resident, should  furnish  an  indorser  of  the  writ,  resident  in  this  state,  or  pay 
an  amount  which  will  be  sufficient  security  for  the  costs.  At  any  time  dur- 
ing the  pendency  of  the  suit,  libel,  petition,  or  other  proceeding  at  law  or  iu 
equity,  in  which  an  attachment  is  allowed,  an  attachment  of  defendant'.^ 
property  by  trustee  process  or  otherwise,  may  be  made  by  a  special  pre- 
cept. 

Where  an  attachment  is  made  of  live  animals,  or  of  goods  or  chattels 
which  are  perishable,  or  which  camiot  be  kept  without  great  expense,  the 
same  may  be  sold,  and  the  proceeds  held  subject  to  the  attachment ;  and  so- 
if  all  parties  consent  in  writing  to  a  sale.  Attachments  by  trustee  process  or 
()therwise,  may  be  dissolved  by  the  defendant,  at  any  time  before  final  judg- 
ment, by  his  giving  bond  with  sureties,  with  condition  to  pay  to  the  plaintirt* 
the  amount  he  may  recover,  within  thirty  days  after  final  judgment,  or  with- 
in the  same  time,  any  special  judgment  which  may  be  rendere<l ;  and  attach- 
ments may  also  be  dissolved,  by  giving  a  bond  to  pay,  within  said  time,  the 
value  of  the  property  attached. 

An  assignment  in  proceedings  under  the  insolvent  law,  dissolves  all  attach- 
ments made,  not  more  than  four  months  prior  to  the  time  of  the  first  i)ubli- 
cation  of  the  notice  of  issuing  the  warrant  in  such  proceedings.  Ordinarily 
attaching  creditors  take  precedence  in  the  order  of  their  respective  attacli- 
ments. 

Bills  of  Exchange  and  Promissory  Notes. — Bills  of  exchange,  drafts, 
promissory  notes  and  contracts,  due  ou  Sunday  or  a  legal  holiday,  are  pay- 
able or  ])erformablc  upon  the  business  day  next  preceding. 

I*resentment  aud  demand  must  be  madt;  within  sixty  days  after  the  date  of 
a  demand  note  to  charge  an  indorser  tliereon.  Indorsers  on  notes  are  held 
upon  proof  of  due  demand  upon  the  maker,  and  notice  thereof  as  at  common 
law. 

Checks  may  be  paid  within  ten  days,  and  orders  on  savings  banks  within 
thirty  days  after  the  death  of  drawer. 

A  note  is  prima  facie  payment,  and  a  protest  duly  certified  by  a  notary 
public  is  prima  facie  evidence  of  the  facts  stated  therein,  and  of  demand 
and  notice. 

Bills  of  Lading  and  Warehouse  Receipts. — The  receipt  of  a  public 
warehouseman  is  negotiable,  and  by   indorsement  and  delivery  passes  the 

[Mass.  i.\ 


396  MASSACHUSETTS. 

title  to  goods  and  chattels  stored  in  a  public  warehouse,  unless  the  person  de- 
positing property  for  storage,  requests  a  non-negotiable  receipt.  Assignments 
•of  such  non-negotiable  receipts  are  not  eftectual  until  recorded  upon  the 
books  of  the  warehouseman  issuing  them.     As  to  bills  of  lading  see  Factors. 

Chattel  Mortgages. — Mortgages  of  personal  property  need  not  be  under 
seal,  nor  acknowledged,  but  must  be  recorded  on  the  records  of  the  city  or 
town  where  the  mortgagor  resides  when  the  mortgage  is  made,  and  on  the 
records  of  the  city  or  town  in  which  he  then  principally  transacts  his  busi- 
ness, or  follows  his  trade  or  calling.  If  the  mortgagor  resides  out  of  the 
commonwealth,  when  the  mortgage  is  made,  his  mortgage  of  personal  pro- 
perty here  must  be  recorded  on  the  records  of  the  city  or  town  where  the 
property  then  is.  Unless  so  recorded  within  fifteen  days  from  tiie  date  writ- 
ten in  the  mortgage,  and  when  two  places  of  record  are  required  in  the 
second,  within  ten  days  from  the  date  of  the  first  record,  it  is  not  valid 
against  third  parties,  unless  the  property  mortgaged  is  delivered  to,  and  re- 
tained by  the  mortgagee  ;  and  any  record  of  a  mortgage  made  subsequently 
to  the  time  limited,  is  void  and  of  no  eftect. 

Mortgages  of  personal  property  follow  substantially  the  same  forms  as 
those  of  real  estate,  including  the  power  of  sale. 

Claims  against  Decedents'  Estates. — No  execution  or  administration  can 
be  held  to  answer  to  a  suit  by  a  creditor  of  the  deceased,  which  is  commenced 
within  one  year  after  his  giving  bond  for  the  discharge  of  his  trust,  unless 
such  suit  is  for  the  recovery  of  a  demand  not  affected  by  tlie  insolvency  of 
the  estate,  or  is  brought  after  the  estate  is  represented  insolvent,  for  the  pur- 
pose of  ascertaining  the  amount  of  a  contested  claim  ;  and  all  suits  must  be 
commenced  within  two  years  from  the  time  of  giving  bond,  except  when 
brought  to  reachnew  assets  received  after  the  two  years.  If  a  suit  reason- 
ably commenced,  fails  by  reason  of  a  defect  in  form  or  process,  a  new  action 
may  be  commenced  for  the  same  cause  of  action,  within  one  year  after  the 
abatement  or  other  determination  of  the  original  action.  A  creditor  whose 
claim  has  not  been  seasonably  prosecuted,  and  who  is  not  chargeable  with 
culpable  negligence,  may  obtain  relief  in  equity  in  the  supreme  court,  if  the 
•court  is  of  opinion  that  justice  and  equity  retjuire  it. 

A  new  administrator  appointed  on  tlie  death,  resignation  or  removal  of  an 
executor  or  administrator  is  liable  to  the  actions  of  creditors,  for  two  years 
after  he  has  given  bond,  unless  such  actions  were  barred  prior  to  the  termi- 
nation of  the  previous  administration.  An  action  to  recover  a  legacy  may  be 
brought  at  any  time,  but  if  payment  is  required  of  an  executor  or  adminis- 
trator, within  two  years  after  his  giving  bond,  the  legatee  may  be  reqiiired  to 
give  a  bond  witli  sureties,  conditioned  to  refund  the  amount  paid,  or  so  nuich 
thereof  as  may  be  necessary  to  satisfy  any  demands  afterwards  recovered 
against  the  estate.  If  an  executor  or  administrator  fails  to  give  notice  of  his 
appointment,  within  three  months  after  giving  bond,  and  to  make  and  file 
affidavit  thereof,  within  one  year  or  afterwards,  by  leave  of  court,  the  time 
limited  for  the  commencement  of  an  action  against  him,  begins  to  run  from 
the  time  the  probate  court  shall  order  notice  to  be  given. 

If  an  executor  or  administrator  who  has  given  due  notice  of  his  appoint- 
ment, does  not,  within  one  year  thereafter,  have  notice  of  demands  against 
tlie  estate  which  authorize  him  to  represent  it  insolvent,  he  may  proceed  to 
pay  the  debts  due,  and  sliall  not  be  personally  liable  though  the  estate  re- 
maining should  not  be  sutlicient  to  jjay  all  the  debts  afterwards  presenteil. 
If  tlie  estate  is  insufticient  to  pay  all  the  debts  of  the  deceased,  it  should  be 
represented  insolvent,  and  commissioners  appointed  to  receive  and  examine 
claims,  which  after  discharging  the  necessary  expenses  of  the  funeral  and 
last  sickness,  and  tlie  cliarges  of  administration,  aie  entitled  to  preference  in 
the  following  order :  1st.  Debts  entitled  to  a  preference  under  the  laws  of 
the  United  states  ;  2d.  Public  rates,  taxes,  and  excise  duties  ;  3d.  Wages  or 
^compensation  to  an  amount  not  exceeding  one  hundred  dollars,  due  to  a  clerk, 

[Mass.  5.] 


MASSACHUSETTS.  397 

servant,  or  operative,  for  labor  performed  within  oneyearnext  preceding  the 
death  of  deceased  ;  or  for  hibor,  for  the  payment  of  which  a  judgment  has 
been  rendered  ;  4th.  Debts  <hie  to  all  other  persons. 

Equitable  liabilities  may  be  proved.  No  special  form  of  proof  is  required, 
and  claims  must  be  presented  within  six  months  after  the  appointment  of  the 
commissioners,  unless  further  time  is  allowed  by  the  court,  not  exceeding 

eighteen  months. 

• 

Conditional  Sales  of  Personal  Property. — All  contracts  for  the  sale  of 
furnituie  or  otlu-r  Imusuhold  etfccts,  made  on  condition  that  the  title  to  the 
property  sold  shall  not  pass  until  the  price  is  paid  in  full,  must  be  in  writing, 
and  a  copy  thereof  furnished  the  vendee  by  tlie  vendor,  at  the  time  of  sale  ; 
and  all  payments  maile,  and  all  charges  as  they  accrue,  nuist  be  endorsed 
by  the  vendor,  upon  such  copy,  if  the  vendee  so  requests.  In  all  conditional 
sales,  if  the  vemlor  takes  i)ossessiou  of  tlie  property,  for  failure  to  comply 
with  the  condition,  the  vendee  has  the  right  within  fifteen  daysafterthe  tak- 
ing, to  redeem  the  property  taken  by  paying  to  the  vendor  the  full  amount 
of  the  price  then  unpaid,  with  interest  and  all  lawful  charges  and  expenses 
due  to  the  vendor  ;  and  in  the  case  of  furniture  or  other  household  efl'ects, 
the  vendor,  upon  taking  i)ossession,  must  furnish  the  vendee  or  other  person 
in  charge  of  the  i)roperty,  an  itemized  statement  of  the  account,  showing  the 
amount  then  due  thereon,  and  the  fifteen  days  allowed  for  redemption,  does 
not  begin  to  run  until  such  statement  is  furnished,  provided  the  vendee  or 
other  person  in  charge  can  be  found  by  the  vendor  by  the  exercise  of  reason- 
able care  and  diligence. 

Corporations. — Domestic  and  Foreign. — The  general  corporation  act  au- 
thorizes the  organization  of  a  corporation  for  the  purpose  of  carrying  on  any 
lawful  business,  except  buying  and  selling  real  estate,  banking  and  insur- 
ance. Corporations  so  organized  are  managed  by  a  president,  board  of  iu)t 
less  than  three  directors  (one  of  whom  is  the  president),  clerk,  treasurer,  and 
such  other  officers  as  the  corporation  may  authorize.  Proxies  must  be  dated 
within  six  months  before  tlie  meeting  at  which  they  are  used,  if  the  maker 
resides  in  the  United  States,  and  no  proxy  can  cast  more  than  fifty  votes  un- 
less all  the  shares  represented  are  owned  by  one  person.  Stock  is  transfer- 
able by  written  instrument,  and  all  records  of  transfers  must  be  made  and 
kept  by  au  officer  resident  here.  The  whole  amount  of  capital  stock  must 
be  paid  in,  in  cash  or  property,  and  a  certificate  filed  before  the  corporation 
commences  the  transaction  of  business.  An  annual  certificate  of  the  condi- 
tion of  the  corporation  must  be  filed  within  thirty  days  after  the  annual 
meeting.  The  stockholders  in  any  corporation  are  lial)le  i'or  its  debts  or  con- 
tracts only  in  the  following  cases  :  1st.  For  those  contracted  before  the 
original  capital  is  fully  paid  in,  but  only  those  stockholders  who  have  not 
paid  in  full  the  par  value  of  their  shares,  and  tliose  who  have  purchased  such 
.shares  with  knowledge  thereof  are  so  liable  for  such  debts.  2d.  For  those 
existing  when  the  capital  is  reduced  to  the  extent  of  the  sums  withdrawn 
and  paid  to  stockholders.  3d.  For  those  when  special  stock  is  created,  until 
the  special  stock  is  fully  redeemed.  4th.  For  those  due  to  operatives  for 
services  rendered  within  six  months  before  demand  and  refusal  of  payment. 
The  liability  is  enforced  by  bill  in  equity  after  judgment  against  the  corpora- 
tion and  the  return  of  the  execution  unsatisfied  for  thiity  days  after  de- 
mand. Foreign  corporations  having  property  here  may  be  sued  and  an  at- 
tachment of  the  property  made.  Every  such  corporation  having  a  usual 
place  of  business  hero  nuist,  before  doing  business,  appoint  in  writing  the 
commissioner  of  corporations  to  be  its  attorney,  upon  whom  service  of  pro- 
cess may  be  made,  except  foreign  insurance  companies,  who  must  in  like 
manner  appoint  the  insurance  commissioner,  upon  whom  service  of  process 
may  be  made. 

Costs,  Security  for. — In  actions  inwhiih  the  plaintiff  is  not  au  iuhabit- 
[Mass.  6.] 


398  MASSACHUSETTS. 

ant  of  this  state  the  writ  should  be  indorsed  by  some  person  who  is  an  in- 
habitant, as  security  for  the  costs,  and  such  indorser  is  liable  for  all  costs 
awarded  against  the  plaintiff.  If  no  indorser  is  furnished  an  attorney  bring- 
ing an  action  is  pei'sonally  liable  for  the  costs  awarded  against  a  non-resident 
■creditor,  and  for  his  protection  the  creditor  should  pay  in  advance  at  least 
twenty-tive  dollars. 

Courts. —  Terins  and  Jurisdiction  of. — See  court  calender  of  Massachu- 
setts. 

The  Supreme  Judicial  Court  has  general  superintendence  of  all  courts  of 
inferior  jurisdiction  and  has  original  and  exclusive  jurisdiction  of  the  trials 
of  indictments  for  ca})ital  crimes  and  actions  upon  probate  bonds,  and  origi- 
nal and  concurrent  jurisdiction  with  the  superior  court  of  petitions  for  par- 
tition and  writs  of  entry  for  foreclosure  of  mortgages,  and  of  civil  actions, 
except  actions  of  tort,  in  whicli  the  damages  demanded  or  property  claimed 
exceed  lour  tiiousand  dollars  if  brought  in  the  county  of  Suffolk,  and  one 
tliousand  dollars  if  brought  in  any  other  county.  No  action  of  tort  can  be 
brought  in  or  removed  to  this  court.  Questions  of  law  raised  in  this  and  the 
superior  court  are  heard  and  determined  by  the  full  court.  This  court  has 
jurisdiction  of  all  matters  cognizable  under  the  general  principles  of  equ.ity 
jurisprudence  and  has  appellate  jurisdiction  of  all  matters  determinable  by 
the  probate  courts,  except  in  cases  in  which  other  provisions  are  specially 
made. 

Tlie  Superior  Conrt  has  exclusive  original  jurisdiction  of  petitions  for 
divorce  and  nullity  of  marriage,  complaints  for  flowing  lands,  claims  against 
the  commonwealth,  actions  of  tort,  except  those  of  which  the  police,  dis- 
trict or  municipal  courts  or  trial  justices  have  concurrent  original  jurisdic- 
tion and  original  jurisdiction  of  all  civil  actions,  except  those  of  which  the 
supreme  judicial  court,  police,  district  or  municipal  courts  or  trial  justices 
have  exclusive  original  jurisdiction.  It  has  original  and  concurrent  jurisdic- 
tion with  the  supreme  judicial  court  of  all  equity  matters,  petition  for  par- 
tition and  writs  of  entry  for  the  foreclosure  of  mortgages  and  of  all  civil 
actions,  except  actions  of  tort,  in  which  the  sum  demanded  or  property 
claimed  exceeds  four  thousand  dollars  if  brought  in  the  county  of  Suffolk. 
and  one  thousand  dollars  if  brought  in  any  other  county,  and  original  and 
concurrent  jurisdiction  with  police,  district  and  municipal  courts  and  trial 
justices  where  the  sum  demanded  or  the  property  claimed  exceeds  one  hun- 
dred dollars  in  cases  where  such  courts  and  justices  have  jurisdiction,  except 
actions  of  replevin  of  beasts  distrained,  and  except  that  the  muuicipal  court 
of  Boston  has  original  and  concurrent  jurisdiction  where  the  damages  do 
mot  exceed  one  tliousand  dollars.  It  also  has  jurisdiction  of  all  civil  actions 
and  proceedings  brought  before  it  by  appeal,  or  otherwise,  from  trial  jus- 
tices, police,  district  or  municipal  courts,  or  courts  of  insolvency,  and  origi- 
nal jurisdiction  of  all  crimes,  except  capital  cases,  and  appellate  jurisdiction 
of  all  offenses  tried  and  determined  before  a  police,  district,  or  municipal 
court  or  trial  justice.  No  action  can  be  commenced  in  tliis  court  wherein 
■the  debt  or  damages  demanded  do  not  exceed  one  hundred  dollars. 

TJie  Probate  Court  for  each  county  has  jurisdiction  of  the  probate  of,  and  all 
matters  relating  to  wills,  of  granting  administration  of  the  estates  of  persons 
who  at  the  time  of  their  decease,  were  inhabitants  of,  or  resident  m  the  county, 
and  of  persons  who  die  out  of  the  commonwealth,  leaving  estate  to  be  ad- 
ministered withiu  such  county,  of  the  appointment  of  guardians  to  minors 
and  others,  of  all  matters  relating  to  the  estates  of  such  deceased  persons  and 
Avards,  of  petiticms  for  tlie  adoption  of  children,  and  for  the  change  of  names, 
.and  for  the  jn-titjous  of  married  women,  concerning  their  separate  estate  and 
concerning  the  care,  custody,  education  and  maintenance  of  minor  children. 
Also,  all  matters  relating  to  trusts,  under  wills  or  other  instruments,  and  the 
partition  of  tlie  real  estate  of  deceased  iiersons.  The  probate  courts  are  also 
•courts  of  iusolvency. 

[Mass.  7.] 


MASSACHUSETTS.  399 

Police,  District  and  Municipal  Courts,  and  trial  justices  liave  exclusive 
•original  jurisdiction  of  actions  of  forcible  entry  and  detainer,  commonly 
known  as  actions  of  ejectment,  and  of  actions  of  contract,  tort  and  rei)levin. 
■wherein  the  debt  or  damages  demanded,  or  value  of  tlieproiici'ty  claimed,  does 
not  exceed  one  hundred  dollars  ;  aiul  the  original  or  comnirrent  jurisdiction 
with  the  superior  court,  in  .such  actions,  wherein  the  debt  or  damages  de- 
manded, or  value  of  the  i)roi)erty  claimed  exceeds  one  hundred,  and  does  not 
exceed  three  hundred  dollars,  except  tliat  the  municipal  court  of  the  city  of 
Boston  has  origmal  and  concurrent  jurisdiction  to  the  sum  of  one  thousand 
tloUars. 


Court  Calendar. - 


UNITED  .STATES  COURTS. 


Associair  Justice  Suprrinr  Court,  Horace  (Jray,  of  Massachusetts,  ('ircuif  Judf/r. 
Lc  Baron  B.  Colt,  of  Bristol,  R.  I.  Dixtricl  .ladiie,  Thomas  L.  Nelson,  of  Worcester. 
Cl''rk  of  Circuit  ("ourt,  John  C  Stetson,  of  Boston.  Clfrk  of  Dixtricl  Court,  Clement 
Hugh  Hill,  of  Boston.    Marxhal,  Gen.  Nathl  1".  Banks. 

7erms  of  Circuit  Court.— 'Sls.y  loth  and  October  loth.  First  Monday  in  each 
month  is  a  Rule  Day. 

Terms  of  Dixlrict  Court.— 'id.  Tuesday  of  Murcli,  Itli  Tuesd.iy  of  .Iiuie,  I'd  Tuesday 
of  September,  1st  Tuesday  of  December. 

STATE  COURTS. 

.SUPREME  JUDICIAL  COURTS. 

Chief  Justice,  Marcus  Morton,  of  Andover.  Axxociate  .Tuxticex,  Walbridge  A. 
Field,  of  Boston;  Charles  Dovcns.  ot  Boston;  William  Allen,  of  Northampton; 
Charles  .\lleu,  of  Boston  ;  Oliver  Wendell  Holmes,  .Jr..  of  Boston  ;  William  s.  Gard- 
ner, of  Newton.  Clerk  for  the  Cominoiuvt'idtli,  George  W.  Nichols,  of  Boston,  for 
Suflolk  County,  John  Noble,  of  Boston. 

.SITTINGS  OF  THE  COURT. 
I>AW  TERMS. 

For  the  Commonwealth.  For  the  determination  of  questions  arising  in  the  coun- 
ties of  Barnstable,  Middlesex.  Norfolk  and  Suffolk,  and  in  other  counties  where 
special  provisions  are  not  made  therefor;  at  Bosti>n,  1st  Wednesday  in  .January 
usually  continued  by  adjournment  to  the  1st  Tuesday  of  March,  and  again  to  2d 
Tuesday  of  November.  In  the  other  counties  as  follows:  Berkshire,  at  Pittsfleld, 
2d  Tuesday  of  September.  Franklin  and  Hampshire,  at  Greenfield  (odd  years)  and 
Nortliam|)ton  (even  years),  1st  Monday  after  2d  Tuesday  of  September.  Hampden, 
at  Spri  nglield,  2d  Monda.y  after  2d  Tuesday  of  September.  Worcester,  at  Worcester, 
:M  Monday  after  2d  Tuesday  of  September.  Plymouth,  at  Plymouth,  8d  Tuesday  of 
October.  Bristol,  Dukes  County  and  Nantucket,  at  Tauton,  4th  Tuesday  of  October. 
Essex,  at  Salem,  1st  Tuesday  of  November. 

.Il_'RY  TERMS. 

Barnstable,  at  Barnstable,  1st  Tuesday  of  May,  Berkshire,  at  Pittsfleld.  2d  Tues- 
day of  May.  Bristol,  Dukes  County  and  Nantucket,  at  Tauton,  Hd  Tuesday  t>f 
April,  and  at  New  Bedford,  2d  Tuesda.v  of  NoveniV)er.  Essex,  at  Salem,  ;!d  Tuesda.v 
of  April  and  1st  Tuesday  of  November.  Franklin,  at  Greenfield,  2d  Tuesday  of 
April.  Hampden,  at  Springfield,  4th  Tuesday  of  April.  Hampshire,  at  Northamp- 
ton, ;id  Tuesda.v  of  April.  Middlesex,  at  Lowell,  3d  Tuesday  of  April,  and  at  Cam- 
))ridge,  .'id  Tuesday  of  October.  Norfolk,  at  Dedhani,  3d  Tuesdav  of  Februarv. 
Plymouth,  at  Plyhiouth,  2d  Tuesday  of  May.  Suffolk,  at  Boston,  "ist  Tuesday  of 
April  and  2d  Tuesday  of  Septemlier.    Worcester,  at  Worcester,  2d  Tuesday  of  April. 

Tfearinr/x  in  Equil)/  may  be  had  at  any  t  i  me  throughout  the  year  at  Boston  before 
a  single  justice.  wh<i  by  his  rescript  may  make  decrees  and  orders  in  suits  in  any 
county.    (P.  S.  C,  151,  sec.  30.) 

A  justice  is  in  attendance  in  Springfield  on  the  1st  Mondays  of  February,  .Tune, 
Augustand  December,  for  the  hearing  of  all  matters  In  equity  in  Berkshire,  Frank- 
lin, Hampshire  and  Hampden,  and  hema.vsend  his  rescript  to  the  clerk  of  coiu-ts 
for  any  of  said  counties.    (P.  S.  C,  151,  see.  31.) 

SUPERIOR  C'oUliT. 

Chief  .Tuxtire,  Lincf)ln  F.  Bri'.rham,  of  Salem.  AsxoeiatH  .Tudf/ex,  Robert  C.  Pitman, 
of  Newton;  .John  W.  Bacon,  of  Natick;  P.  l-^inor.v  Aldrich,  of  Worcester;  Hamil- 
ton B.  Staples,  of  Worcester ;  Marcus  J'.  Knowlton,  of  Springfield  ;  Caleb  Blodgett, 
of  Boston;  Albert  Mason,  of  Brooklinc :  .Tames'M.  Barker,  of  Pittsfleld  ;  Charles  P. 
Thompson,  of  Gloucester;  John  W.  llanunond,  of  Camljridge;  .Justin  Dewey,  of 
Great  Barrington. 

[Mass.  8.] 


400  MASSACHUSETTS. 

SITTINGS  OF  THE  COURT. 

Barnstable,  at  Barnstable,  Tuesday  next  after  1st  Monday  of  April  and  2d  Tues- 
day  I 
ary, 
Bristol, 

Mav  and  Septe"iTibe"r"""E'ssexrtor  civil  business,  at  .Salem,  1st  Mondays  of  Juno  and 
December  at  Lawrence,  1st  Monday  of  Marcb,  and  at  Newburyport,  1st  Monday  ol 
September-  for  criminal  business,  at  Salem,  4th  Monday  of  January,  at  ISewbury- 
port  1st  Monday  of  May,  and  at  Lawrence,  1st  Monday  ol  October,  tranklin,  at 
Gree'nfleld  3d  Monday  of  March,  and  2d  Mondays  of  August  and  November. 
Hampden  'at  Springfle"ld,  for  civil  business,  2d  Mondays  of  March  and  June  and  4th 
Monday  of  October;  for  criminal  business,  1st  Monday  of  May,  4th  Monday  of 
Septem'ber  and  8d  Monday  of  December.  Hampshire,  at  Nortliampton.  for  civil 
business  3d  Monday  of  February,  1st  Monday  of  June  and  3d  Monday  of  October; 
for  criminal  business,  2d  Monday  of  June  and  3d  Monday  of  December.  Middlesex, 
for  civil  business,  at  Lowell,  2d  Monday  of  March  and  1st  Monday  of  .September, 
and  at  Cambridge,  1st  of  June  and  2d  Monday  of  December ;  for  criminal  business, 
at  Cambridge,  2d  Monday  of  February  and  1st  Monday  of  June,  and  at  Lowell,  8d 
Monday  of  October.  Nantucket,  at  Nantucket,  1st  Tuesdays  of  July  and  October. 
Norfolk,  at  Needham.  for  civil  business,  4th  Mondays  of  April,  September  and 
December;  for  criminal  business,  1st  Mondays  of  April.  September  and  December. 
Plymouth,  at  Plymouth,  2d  Mondays  of  February  and  June,  and  4th  Monday  of 
October.  .Suffolk,  at  15oston,  for  civil  business,  1st  Tuesdays  of  January,  April,  Jul.v 
and  October;  for  criminal  business,  1st  Monday  of  every  month.  Worcester,  for 
civil  business,  at  Worcester,  1st  Monday  of  March,  Monday  next  after  4th  Monda.v 
of  August,  and  2d  Monday  of  December,  and  at  Fitchburg,  2d  Mondays  of  .Tune  and 
November;  l<ir  criminal  business,  at  AVorcester.  3d  Monday  of  .January,  2d  Monday 
of  May  and  3d  Monday  of  October,  and  at  Fitchburg,  2d  Monday  of  August. 

By  the  Statute  of  lS83.ch.  223,  equity  jurisdiction  is  given  to  Superior  Courts,  and 
they  are  open  for  equity  liearings  at  all  times,  every  first  Monday  being  a  rule  day_ 

By  the  Statute  of  1885,  ch.  .384.  the  first  Monday  of  every  month  is  made  a  return 
day  in  every  county  in  both  the  Supreme,  Judicial,  and  Superior  Courts,  and  the 
courts  are  always  open.  Terms  of  courts  abolished,  but  sittings  are  held  as  before 
and  as  shown  above. 

Probate  and  Insolvency  Courts  are  held  in  each  county. 

Curtesy. — When  a  man  and  his  wife  are  seized  in  her  right,  and  when  a 
married  woman  is  seized  to  her  sole  and  separate  use  of  an  estate  of  inherit-^ 
ance  in  lands,  and  they  have  issue  born  alive  which  might  havp  inherited 
such  estate,  the  husband,  on  the  death  of  the  wife,  holds  the  lands  for  his 
life,  as  a  tenant  thereof  by  the  curtesy.  If  they  have  had  no  such  issue,  he 
holds  one-half  such  lands  for  his  life.  If  she  dies  and  leaves  no  issue  living, 
he  takes  her  real  estate  in  fee,  to  an  amount  not  exceeding  five  thousand  dol- 
lars in  value,  and  also  has  an  estate  by  the  curtesy  in  her  other  real  estate. 
If  she  dies  intestate,  and  leaves  no  kindred,  he  takes  the  whole  of  lier  real 
estate  in  fee. 

The  will  of  a  married  woman  made  without  the  husband's  written  consent, 
does  not  deprive  him  of  his  tenancy  by  the  curtesy,  or  of  his  right  to  the  use 
of  one-half  of  her  real  estate  for  his  life,  if  they  have  had  no  issue  born  alive  ; 
unless  a  proper  court,  having  jurisdiction,  has  entered  a  decree  estal)lishing 
the  fact  of  the  husband's  desertion,  and  the  wife's  living  apart  from  him  for- 
justifiable  cause. 

Deeds. — Conveyances  of  land  are  made  by  deed  executed  by  the  person,  or 
by  the  attorney  of  the  person  having  authority  therefor,  acknowledged  by 
the  grantors,  or  one  of  them,  and  recorded  in  the  registry  of  deeds,  for  the 
county  or  district  in  which  the  land  conveyed  is  situated. 

Deeds  conveying  real  estate  must  be  acknowledged  by  the  grantors,  or  one 
of  them,  or  by  the  attorney  executing  the  same — in  this  commonwealth,  be- 
fore a  justice  of  the  peace  or  notary  public — in  any  othfer  portion  of  tlie 
United  States,  before  a  justice  of  the  peace,  notary  public,  magistrate  or 
commissioner  appointed  for  the  pnr]»ose,  by  the  governor  of  this  common- 
wealth— in  a  foreign  cotmtry  before  such  justice,  notary,  magistrate  or  com- 
missioner or  before  a  minister  or  consul  of  tlie  United  States,  or  a  consular 
oflficer  of  the  United  States,  accredited  to  such  country. 

[Mass.  fl.l 


MASSACHUSETTS.  401 

[Form  of  Certificate.'] 
Statk  op  ,  )  gg 

C0U5TY   OF  ,    ^      ■ 

Januaiy  1st,  A,  D.  1887. 

Then  personally  appeared  the   above  named  A.  B.,  and  acknowledged 
the  foregoing  instrument  to  be  his  free  act  and  deed,  before  me. 

J.  D.,  Justice  of  the  Peace. 

When  an  acknowledgment  is  taken  out  of  the  state,  by  a  justice  of  the 
peace  or  notary  public,  a  certificate  of  his  authority,  made  by  the  secretary 
of  state,  or  a  clerk  of  a  court  of  record,  should  be  annexed. 

A  scroll  does  not  answer  for  a  seal. 

A  wife  need  not  be  examined  separate  and  apart  from  her  husband. 

A  deed  or  mortgage  may  be  recorded  at  any  time,  but  unless  recorded,  it 
is  not  valid  against  any  persons  except  the  grantor  and  his  heirs  or  devisees, 
and  persons  having  actual  notice  of  it.  All  powers  of  attorney  to  convey 
lands  must  be  acknowledged  and  recorded  with  the  deed. 

Descent  and  Distribution.— Real  estate  descends,  1st.  In  equal  shares 
to  children  and  the  issue  of  any  deceased  child,  by  right  of  representation ; 
and  if  there  is  no  surviving  child  of  the  intestate,  then  to  all  the  other  lineal 
descendants.  If  all  such  descendants  are  in  the  same  degree  of  kindred  to 
the  intestate,  they  share  the  estate  equally,  otherwise  they  take  according  to 
the  right  of  representation ;  2d.  If  intestate  leaves  no  issue,  then  in  equal 
shares  to  the  father  and  mother ;  3d.  If  no  issue  nor  mother,  then  to  the 
father ;  4th.  If  no  issue  nor  father,  then  to  the  mother ;  5th.  If  the  intestate 
leaves  no  issue,  andno  father  nor  mother,  then  to  the  sisters  and  brothers, 
and  to  the  issue  of  any  deceased  brother  or  sister,  by  right  of  representation  ; 
and  if  there  is  no  surviving  brother  or  sister  of  the  intestate,  then  to  all  the 
issue  of  his  deceased  brothers  and  sisters.  If  all  such  issue  are  in  the  same 
degree  of  kindred  to  the  intestate,  they  share  the  estate  equally,  otherwise 
they  take  according  to  the  right  of  representation  ;  6th.  If  intestate  leaves 
no  issue,  and  no  father,  mother,  brother  or  sister,  and  no  issue  of  any  deceased 
brother  or  sister,  then  to  his  next  of  kin,  in  equal  degree,  except  that  when 
there  are  two  or  more  collateral  kindred  in  equal  degree,  but  claiming  t  hrough 
different  ancestors ;  those  who  claim  through  the  nearest  ancestor  shall  be 
preferred  to  those  claiming  through  an  ancestor  who  is  more  remote  ;  7th.  If 
the  intestate  leaves  a  widow  and  no  kindred,  she  takes  the  whole  of  his  real 
estate ;  and  if  the  intestate  is  a  married  woman,  and  leaves  no  kindred,  the 
husband  takes  the  whole  of  her  real  estate ;  8th.  If  the  intestate  leaves  no 
kindred,  and  no  widow  or  husband,  the  estate  escheats  to  the  commonwealth. 

Kindred  of  the  half-blood  inherit  equally  with  those  of  the  whole  blood, 
in  the  same  degree. 

Personal  estate  is  distributed  like  real  estate,  except  that  a  husband,  if 
there  be  children,  takes  one-half  of  his  wife's  personal  estate  ;  if  no  children, 
the  whole.  A  widow,  if  tliere  are  children,  takes  one-tliird  of  her  husband's 
personal  estate  ;  if  no  children,  she  takes  the  whole,  up  to  five  thousand  dol- 
lars, and  one-half  the  excess  above  ten  thousand  dollars  ,  and  if  no  kindred, 
she  takes  the  whole. 

Tlie  real  estate  here,  of  a  deceased  non-resident,  intestate,  descends  ac- 
cording to  the  rules  of  descent  in  this  comnn)nwealtli.  and  his  personal  estate 
is  distributed  and  disposed  of  according  to  the  laws  of  the  state  or  country 
of  which  deceased  was  an  inhabitant. 

Depositions. — The  deposition  of  a  witness  without  the  state  may  be  taken 

under  a  I'onimission  issued  to  one  or  more  competent  persons,  in  any  other 

state  or  county  by  the  court   in  which  the  cause  is  pending,  or  it  may  be 

taken  before  a  commissioner  appointed  by  the  governor  for  that  pui"pose  in 

[Mase.  10.] 


402  MASSACHUSETTS. 

any  part  of  the  United  States  or  in  a  foreign  country,  and  in  either  case  it 
may  be  used  in  the  same  manner  and  subject  to  the  same  conditions  and  ob-. 
jectious  as  if  it  liad  been  taken  in  tliis  state.  Every  deposition  taken  before 
commissioners  must  be  taken  upon  written  interrogatories,  to  be  exhibited 
to  tlie  adverse  party,  or  his  attorney,  and  cross-interrogatories  to  be  filed  by 
him  if  he  thinks  fit,  but  where  tlie  adverse  party  does  not  api)ear  to  defend 
his  cause  such  interrogatories  need  not  be  exliibited  to  him  nor  notice  given 
him  of  the  same.  Depositions  and  affidavits  taken  out  of  the  state,  in  any 
other  manner  tlian  as  above  stated,  if  taken  before  a  notary  public  or  other 
person  authorized  l)y  the  laws  of  any  other  state  or  country  to  take  deposi- 
tions, may  be  admitted  or  rejected  at  the  discretion  of  the  court,  provided 
the  adverse  party  had  sufficient  notice  of  the  taking  thereof  and  opportunity 
to  cross-examine  the  witness,  or  that  from  the  circumstances  it  was  impos- 
sible to  give  such  notice.  All  oaths  and  affidavits  taken  by  a  notary  public, 
within  the  jurisdiction  for  which  he  is  duly  commissioned  and  qualified,  and 
certified  under  his  official  seal  are  as  eifectual  in  this  state  as  if  administered 
and  certified  by  a  justice  of  the  peace  therein. 

{Form  of  Commission  for  taking  Deposition — Instructions  to  Magistrate 
and  Certificate.} 

Commonwealth  of  Massachusetts. 


County  of  Suffolk, 


''}■ 


To  any  commissioner  ai^pointed  by  the  governor  of  said  commonwealth  of 
Massachusetts,  or  to  any  justice  of  the  peace,  notary  public,  or  other  officer 
legally  empowered  to  take  depositions,  or  affidavits  in 
Greeting  : 

Assured  of  your  prudence  and  fidelity,  we  do  by  these  presents,  appoint 

and  empower  you  to  take  the  deposition  of to  be  used  in  a  suit  now 

pending  in  our  superior  court,  between as  plaintiff  (s),  and as  de- 
fendant (s)  ;  and  on  certain  days,  to  be  by  you  appointed,  to  cause  the  depo- 
nent to  come  before  you,  and  h  carefully  examine  on  oath  or  affirmation,  in 
answer  to  several  interrogatories  hereunto  annexed  ;  and  reduce  the  exami- 
nation, or  cause  the  same  to  be  reduced  to  writing  in  your  presence  ;  and  after 
such  deposition  shall  thus  be  reduced  to  writing,  it  shall  be  carefully  read  to 
or  by  the  deponent,  and  shall  then  be  subscribed  by  h . 

You  shall  permit  neither  party  to  attend  at  the  taking  of  the  deposition, 
either  himself  or  by  any  attorney  or  agent,  nor  to  communicate  by  interrog- 
atories or  suggestions  with  the  deponent  whilst  giving  h deposition  in 

answer  to  the  interrogatories  annexed  to  this  commission.  And  you  shall 
take  such  deposition  in  a  place  separate  and  apart  from  all  other  persons,  and 
permit  no  person  to  be  present  during  such  examination,  except  the  depo- 
nent and  yourself,  and  such  disinterested  person  [if  any]  as  you  may  think  fit 
to  appoint  as  a  clerk,  to  assist  you  in  reducing  the  deposition  to  writing. 
And  you  shall  put  the  several  interrogatories  and  cross-interrogatories  to  the 
deponent  in  their  order,  and  take  the  answer  of  the  deponent  to  each,  fully 
and  clearly  before  proceeding  to  the  next,  and  not  read  to  the  deponent,  nor 
permit  the  deponent  to  read,  a  succeeding  interrogatory,  until  the  answer  to 
the  preceding  has  been  fully  taken  down. 

Of  this  our  writ,  with  your  doings  by  warrant  of  the  same,  you  will  make 
return  vinder  seal  into  our  said  court  with  all  convenient  expedition. 

Witness   the  honorable chief  justice  of  our  said  court,  and  the  seal 

thereof,  at  our  city  of  Boston,  on  this day  of in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  eighty —  Clerk. 

State  of ,         > 

County  of .  S     * 

Pursuant  to  the  foregoing  commission  I  caused  the  said  — —  to  come 

before  me,  on  the of ,  A.  U.  18 — ,  and  having  sworn  the  said to 

testify  the  truth,  the  whole  truth,  and  nothing  but  the  truth  relating  to  the 
[Mass.  11.] 


i 


MASSACHUSETTS.  403 

vause  lor  which  thu  deposition  is  taken,  I  examined  the  said and  redueed 

his  testimony  to  writing.  Neither  of  said  parties  was  i)resent  by  himself,  or 
by  an  agent  or  an  attorney,  nor  did  either  of  them  communicate  in  any  man- 
ner with  the  deponent  whilst  giving  his  deposition;  and  I  took  said  deposi- 
tion separate  an«l  apart  from  all  other  persons,  no  person  being  present  ex- 

i-ept  myself and  in  taking  the  depositions  I  i)ut  the  interrogatories  and 

cross-interrogatories  to  the  deponent  as  directed  in  the  foregoing  commission, 
and  in  respects  fully  and  exactly  complied  with  the  directions  in  said  com- 
mission in  taking  the  same.     And  after  the  said  deposition  was  taken,  I  care- 

lully  read  the  same  to  the  said and  he  subscribed  it  in  my  presence. 

The  commissioner  should  icturn  the  deposition  to  the  clerk  of  court  and 
write  upon  the  envelope  the  names  of  the  paities  to  the  suit  and  title  of  the 
court. 

Divorce. — Divorces  from  the  bond  of  matrimony  may  be  decreed  for  adul- 
tery, impotency,  extreme  cruelty,  utter  desertion,  continued  for  three  con- 
secutive years  next  prior  to  the  filing  of  the  libel,  gross  and  confirmed  habits 
of  intoxication,  cruel  and  abusive  treatment,  gross  or  wanton  and  cruel  re- 
fusal and  neglect  of  the  husband  to  provide  suitable  maintenance  for  his 
wife,  if  of  sufficient  ability  to  do  so,  for  separating  without  consent  from  the 
other  and  uniting  for  three  years  with  any  religious  sect  or  soi'iety  that  pro- 
fesses to  believe  the  relation  of  luisband  and  wife  void  or  uidawful,  or  .sen- 
tence to  confinement  at  hard  labor  for  five  years  or  more  in  the  state  prison, 
jail,  or  house  of  correction.  No  divorce  will  be  decreed  if  the  parties  have 
never  lived  together  as  husband  and  wife  in  this  state,  nor  for  a  cause  occur- 
ring in  another  state  or  country,  ludcss  before  such  cause  occurred  the  par- 
ties had  lived  together  as  luisband  and  wife  in  this  state  and  one  of  them 
lived  here  at  the  time  when  the  cause  occurred,  except  when  the  libellant 
has  resided  here  for  five  yc^ars  next  preceding  the  filing  of  the  libel,  or  if  the 
parties  were  inhabitants  of  this  state  at  the  time  of  marriage  when  the  libel- 
lant has  been  such  an  inhabitant  for  three  years  next  preceding  such  filing. 
All  decrees  of  divorce  are  in  the  first  instance  decrees /rtsi  to  become  abso- 
lute after  the  expiration  of  six  months  fi'om  the  entry  therei>f  on  application 
of  either  party  to  the  court,  or  any  justice  thereof,  in  term,  time  or  vacation. 
After  a  divorce  either  party  may  marry  again  as  if  the  other  were  dead,  ex- 
cept that  the  party  again.st  whom  the  divorce  was  gi-anted  cannot  marry 
within  two  years  from  the  time  of  the  entiy  of  the  final  decree.  When  a 
divorce  is  granted  to  a  wife  because  of  adultery  committed  by  the  husband, 
or  because  of  his  sentence  to  imprisonment  at  hard  labor,  she  is  entitled  to 
dower  in  his  lands,  otherwise  not,  unless  he  dies  after  the  decree  ?u'«i  or  her 
libel  is  entered  and  before  such  ilecree  is  made  absolute.  Ui>on  a  decree  on 
account  of  the  adultery  of  a  Avife  her  title  to  her  real  and  persoual  estate 
during  her  life  is  not  attected,  excei)t  that  sui)port  for  minor  children  may 
be  decreed  therefrom,  and  upon  a  decree  for  any  other  cause  she  is  entitled 
to  the  immediate  possession  of  her  real  estiite  and  such  of  her  jicrsonal  pro- 
perty in  the  husband's  possessitni  as  the  court  may  decree.  Alimony  maybe 
decreed  to  either  party.  A  divorce  decreed  in  another  state  or  country,  ac- 
cording to  the  laws  thereof,  and  by  a  court  having  jurisdiction  t)f  the  cause 
and  both  the  parties,  is  valid  and  efi'ecitnal  here,  but  when  an  inhabitant  of 
this  state  goes  into  another  state  or  country  to  obtain  a  divorce  for  a  cause 
which  occurred  here  while  tlie  partiis  resided  here,  or  for  a  cause  not  author- 
izing a  divorce  here,  such  a  tlivorce  is  of  no  force  or  effect  in  this  state. 

Dower. — A  wife  is  entitled  to  dower  in  her  husband's  real  estate  as  at  com- 
mon law,  and  when  he  dies  intestate  and  leaves  no  issue  living  she  takes  his 
real  estate  in  fee  to  an  amoinit  not  exceeding  fi\e  tliousand  dollars  in  value, 
and  is  also  entitled  during  her  life  to  one-half  of  his  other  real  estate,  or  she 
may,  within  six  months  after  the  date  of  the  letters  of  administration,  elect 
to  have,  instead  of  such  life  estate,  her  dower  in  his  i-eal  estate,  other  tlian 
that  taken  by  her  in  fee.  A  widow  has  no  dower  in  wMld  lands  of  her  hus« 
band,  excejit  wood  lots  or  other  lauds  used  with  his  farm  or  dwelling  house. 
(Mass.  12.] 


404  MASSACHUSETTS. 

Evidence. — No  person  of  sufficient  understanding,  whether  a  party,  or 
otherwise,  is  excluded  from  giving  evidence  as  a  witness  in  any  proceeding, 
civil  or  criminal,  in  court  or  before  a  person  having  authority  to  receive  evi- 
dence, except  that  neither  husband  nor  wife  is  allowed  to  testify  to  private 
conversations  with  each  other,  and  neither  is  compelled  to  be  a  witness  on 
any  trial  in  any  criminal  proceeding  against  the  other.  A  defendant  in  a 
criminal  proceeding  is  at  his  own  request,  but  not  otherwise,  deemed  a  com- 
petent witness,  and  his  neglect  or  refusal  to  testify  does  not  create  any  pre- 
sumption against  him.  The  conviction  of  a  witness  of  a  crime  may  be  shown 
to  affect  his  credibility.  A  party  to  a  cause  who  calls  the  adverse  party  as  a 
witness  is  allowed  the  same  liberty  iu  the  examination  of  such  witness  as  is 
allowed  upon  cross-examination. 

Executions. — No  execution  can  be  issued  within  twenty-four  hours  after 
the  entry  of  judgment.  An  original  execution  must  be  issued  within  one 
year  after  the  party  is  entitled  to  sue  out  the  same.  An  alias  or  other  suc- 
cessive execvition  must  be  issued  within  five  years  after  the  return  day  of 
that  which  preceded  it.  All  executions  are  returnable  in  sixty  days  from 
their  date.  There  is  no  stay  of  execution,  except  as  above  or  by  a  special 
order  of  court. 

Executors. — Executors  are  appointed  by  the  probate  court  for  the  county 
in  which  the  deceased  testator  was  an  inhabitant  or  resident  at  the  time  of 
his  death.  Every  executor,  before  entering  upon  the  execution  of  his  trust, 
must  give  bond  with  sufficient  surety  or  sureties,  in  such  sum  as  the  court 
may  order,  with  condition  substantially  as  in  the  bond  of  an  administrator, 
except  that  an  executor  may  be  exempt  from  giving  a  surety  on  his  bond 
when  the  testator  has  ordered  or  requested  such  exemption,  or  that  no  bond 
should  be  taken,  or  when  all  persons  interested  in  the  estate  who  are  of  full 
age  and  legal  capacity,  other  than  creditors,  certify  their  consent  thereto.  The 
court  may  subsequently,  for  sufficient  cause,  require  a  bond  with  sufficient 
sureties.  Other  provisions  concerning  executors  are  similar  to  those  relating 
to  administrators. 

Exemptions. — All  lands  of  a  debtor  in  possession,  remainder  or  reversion, 
all  his  rights  of  entry  into  lands  and  of  redeeming  mortgaged  lands,  and  all 
such  lands  and  rights  which  have  been  fraudulently  conveyed  by  him,  or 
which  have  been  pui'chased  by  him  and  the  record  title  thereto  fraudulently 
retained  in  the  vendor  or  conveyed  to  another  for  the  benefit  of  the  debtor, 
with  intent  to  hinder  or  defraud  his  creditors  ;  also  all  his  chattels,  real  or 
personal,  and  all  other  goods  which,  by  the  common  law,  are  liable  to  be 
taken  on  execution,  may  be  taken  on  execution  for  his  debts,  except  as  fol- 
lows.    The  following  pro])erty  is  exempt : 

An  estate  of  homestead  not  exceeding  $800  in  value,  the  proper  registra- 
tion having  been  made  as  provided  by  the  statute. 

The  following  articles  of  the  debtor  are  exempt  : 

1st.  The  necessary  wearing  apparel  of  himself  and  of  his  wife  and  chil- 
dren ;  one  bedstead,  bed  and  the  necessary  bedding  for  every  two  persons 
of  the  family  ;  one  iron  stove  used  for  wanning  the  dwelling-house,  and  fuel 
not  exceeding  the  value  of  $30,  procured  and  designed  for  the  use  of  the 
family.  2d.  Other  household  furniture  necessary  for  him  and  his  family  not 
exceeding  $300  in  value.  3d.  The  bibles,  school  books  and  library  used  by 
him  and  his  family,  not  exceeding  $50  in  value.  4th.  One  cow,  six  sheep, 
one  SAviiie  and  two  tons  of  hay.  5th.  The  tools,  implements  and  fixtures- 
necessary  for  carrying  on  his  trade  or  business,  not  exceeding  $100  in  value. 
Gth.  Materials  and  stock,  designed  and  procured  by  him,  and  iiecessary  foi- 
carrying  on  his  trade  or  business,  and  intended  to  be  used  or  wrought  there- 
in, not  exceeding  $100  in  value.  7th.  Provisions  necessary  and  procured  and 
intended  for  tlie  use  of  the  family,  not  exceeding  $50  in  value.  8th.  One  pew 
occupied  by  him  or  his  family  iu  a  house  of  public  worship.     9th.  The  boat^ 

[Mass.  13.] 


MASSACHUSETTS.  405 

■fishing  tackle,  aud  nets  of  fishermen  actually  used  by  them  in  the  piosecu- 
tion  of  tlieir  business  to  the  value  of  $100.  10th.  The  uniform  of  an  officer 
■or  soldier  in  the  militia,  and  the  arms  and  accoutrements  rciiuired  by  law  to 
be  kept  by  him.  11th.  Kights  of  burial  and  tombs  while  in  use  as  reposi- 
tories of  the  dead.  13th.  One  sewinj;-  machine,  not  excecdins^-  $100  in  vaku', 
in  actual  use  by  each  debtor  or  his  family.  13th.  Shares  in  co-oi)erative  as- 
sociations, not  exceeding  $20  in  value  in  the  aggregate. 

Factors. — Every  factor  or  other  agent  intrusted  with  the  possession  of 
niercliandise  or  of  a  bill  of  lading,  consigning  merchandise  to  him  for  the 
purpose  of  sale,  is  deemed  to  be  tlie  true  owner  thereof,  so  far  as  to  give 
validity  to  any  bona  fide  contract  made  by  him  with  any  other  person  for  the 
sale  of  tiie  whole  or  a  j^art  thereof.  Every  perst)n  in  whose  name  merchan- 
dise is  shipped  for  sale  by  a  person  in  the  lawful  possession  thereof  at  the 
time  of  shipment,  is  deemed  to  be  the  true  owner  thereof,  so  far  as  to  entitle 
the  consignee  to  a  lien  thereon.  For  money  advanced  or  securities  given  the 
«liipper  for  or  on  account  of  such  consignment,  unless  the  consignee  had 
notice  at  or  before  the  time  he  made  such  advances  the  shipper  was  not  the 
actual  aud  bona  fide  owner.  When  a  factor  having  possession  of  merchaii- 
dise,with  authority  to  sell  the  same, or  having  with  such  authority  possession 
of  a  bill  of  lading,  pennit,  certificate  or  order  for  the  delivery  of  merchan- 
dise, deposits  or  pledges,  such  merchandise  or  document,  with  any  person  as 
security  for  money  or  other  advances,  such  pledges  acting  in  good  faith  ac- 
ipiires  the  same  intei'est  in  and  authority  over  the  projjerty  pledged  as  he 
would  if  the  agent  had  been  the  actual  owner  thereof. 

False  Pretence. — The  obtaining  of  goods  or  other  property  by  false  pre- 
tence with  intent  to  defraud,  and  the  receiving  of  goods  or  property  so  ol)- 
tained  with  knowledge  thereof,  is  punishable  by  fine  or  imprisonment.  A 
false  pretence  relating  to  the  purchaser's  means  or  ability  to  pay,  when  pay- 
ment is  by  the  terms  of  the  purchase  not  to  be  made  until  after  delivery  of 
property,  must  be  in  writing  and  signed  by  the  party  to  be  charged. 

Fraud,  Statutes  of. — No  action  can  be  brought.  1st.  To  charge  an  ex- 
<'cutor  or  administrator,  or  an  assignee  under  an  insolvent  law  of  this  com- 
monwealth upon  a  special  promise  to  answer  damages  out  of  his  own  estate, 
'2d.  To  charge  a  person  upon  a  special  promise  to  answer  for  the  debt,  default 
•or  misdoings  of  another.  3d.  Upon  an  agreement  made  upon  consideration 
tif  marriage.  4th.  Upon  a  contract  for  the  sale  of  laud, tenements  or  heredi- 
taments, or  of  any  interest  in  or  concerning  them.  5th.  Upon  an  agreement 
tliat  is  not  to  be  perfonned  within  one  year  from  the  making  thereof,  unless 
the  promise  contract  or  agreement,  upon  which  such  action  is  brought,  or 
Some  memorandum  or  note  thereof,  is  in  writing  and  signed  by  the  party  to 
lie  charged  therewith,  or  by  some  person  thereunto  by  him  lawfully  autiior- 
i/.ed.  The  consideration  of  such  promise  contract  or  agreement  need  not  be 
set  forth  or  expressed  in  the  writing  signed  by  the  party  to  be  charged  there- 
with, but  may  be  proved  by  any  legal  evidence.  No  promise  for  the  pay- 
ment; of  a  debt  made  by  an  insolvent  debtor  after  discharge  is  evidence  of  a 
new  and  continuing  contract, iniless  such  i)romise  is  made  by  or  contained  in 
some  writing  signed  by  him  or  by  some  person  thereunto  by  him  lawfully 
authorized.  No  contract  for  the  sale  of  goods,  wares  or  merchandise  for  the 
l)rice  of  fifty  dollars  or  more,  is  good  or  valid,  unless  tlie  purchaser  accepts 
and  receives  part  of  the  goods  so  sold,  or  gives  something  in  earnest  to  bind 
the  bargain  or  in  part  payment,  or  unless  some  note  or  memorandum  in  writ- 
ing of  the  bargain  is  made  and  signed  by  tiie  party  to  be  charged  thereby, or 
by  some  person  thereunto  by  him  lawfully  authorize.l. 

tJamislunent. — {See  Trustee  Process.) 

Grace. — Tliree  days  of  grace  are  allowed  unless  there  is  a  contrary  express 
stipulation,  on  all  bills  of  exchangi;,  notes,  orders  and  drafts  i>ayable  in  this 
commonwealth,  except  those  i^ayable  on  demand  and  checks. 
[Mass.  H.] 


406  MASSACHUSETTS. 

Homestead. — Every  householder  having  a  family  is  entitled  to  an  estate- 
of  homestead,  to  the  value  of  eight  hundred  dollars,  and  such  estate  is 
exempt  from  attachment,  levy  or  execution  or  sale  tbr  the  payment  of  his 
debts  or  legacies,  upon  his  complying  with  the  requirements  of  the  statute. 

Insolvent  Laws. — The  Massachusetts  insolvent  law  provides  for  pro- 
ceedings by  petition  to  the  judge  of  insolvency  for  the  county  within  which 
the  debtor  resides,  and  in  partnership  cases,  one  of  the  partners  has  last  re- 
sided for  three  consecutive  months  before  the  application.  Voluntary  pro- 
ceedings may  be  instituted  by  an  inhabitant  of  the  state  owing  debts  to  an 
amount  not  less  than  two  hundred  dollars.  Involuntary  proceedings  may  be 
instituted  by  any  creditor  whose  claims  provable  amount  to  one  hundred 
dollars,  in  the  following  cases,  and  within  ninety  days  thereafter.  1st.  If 
the  debtor  arrested  on  mesne  process,  in  a  civil  action  for  one  hu«dred  dol- 
lars or  upwards,  founded  upon  a  probable  claim,  has  not  given  bail  therein 
on  or  before  the  return  day,  or  2d.  Has  been  actually  imprisoned  therein 
for  more  than  thirty  days,  or  3d.  If  an  attachment  on  mesne  process  of  his 
goods  or  estate  in  such  an  action  has  not  been  dissolved  before  the  return 
day,  or  4th.  If  he  has  removed  himself  or  any  part  of  his  property  from 
the  state,  with  intent  to  defraud  his  creditors,  or  5th.  Has  concealed  him- 
self to  avoid  arrest,  or  any  part  of  his  property  to  prevent  its  being  attached 
or  taken  on  legal  process,  or  6th.  Has  procured  himself  or  his  property  to 
be  arrested,  attached  or  taken  on  any  legal  process,  or  7th.  Made  a  fraudu- 
lent payment,  conveyance,  or  transfer  of  any  part  of  his  property,  or  8th. 
Being  a  banker,  broker,  merchant,  trader,  manufacturer,  or  miner,  has 
fraudulently  stopped  payment  or  has  stopped  or  suspended  and  not  resumed 
payment  of  his  commercial  paper  within  fourteen  days,  or  9th.  If  he  be 
insane  and  insolvent.  After  hearing  upon  the  petition,  a  warrant  may  be 
forthwith  issued  to  the  sheriff  of  the  county  or  one  of  his  deputies,  directing 
him  as  messenger  to  take  possession  of  all  property  of  the  debtor.  In  all 
cases  a  deposit  of  forty  dollars  must  be  made  when  the  petition  is  filed  to> 
secure  court  fees  and  expenses.  The  debtor  must  deliver  to  the  messenger, 
within  three  days  after  the  date  of  the  warrant,  schedules  under  oath  of  his 
debts  and  assets,  and  file  the  same  within  five  days.  At  the  first  meeting  of 
creditors  one  or  more  assignees  are  chosen  by  a  majority  in  value  of  the  credi- 
tors who  have  proved  their  claims,  no  creditor  having  a  ])referred  claim 
being  allowed  to  vote  thereon,  except  on  so  much  of  said  claim  as  exceeds 
the  amount  preferred.  The  following  form  of  proof  of  claim  is  prescribed 
by  statute,  and  must  be  sworn  to  by  the  creditor  if  within  the  state  before  a 
justice  of  the  peace  or  notary  public,  and  without  the  state  before  a  justice 
of  the  peace,  notary  public  or  commissioner  for  Massachusetts,  and  in  a  for- 
eign country  before  a  minister,  consul  or  vice-consul  of  the  United  States. 

Form  of  Proof  of  Claim. 

Commonwealth  op  Massachusetts,  ? 

County  of  Suffolk.  ]  **' 

court  of   insolvency. 


In  the  case  of .  > 

Insolvent  debtor.  \ 

I, of do  swear,  that  said by  (or  against)  whom  pro- 
ceedings in  insolvency  have  been  instituted,  at  and  before  the  date  of  such 

proceedings,  was,  and  still  is  justly  and  traly  indebted  to  me  in  the 

sum dollars,  for  which  sum,  or  any  part  thereof,  I  have  not,  nor  has 

any  other  person  to  my  use,  to  my  knowledge  or  belief,  received  any  securi- 
ty or  satisfaction  whatever,  beyond  what  has  been  disposed  of  agreeably 
to  law. 

And  I  do  further  swear,  that  the  said  claim  was  not  procured  by  me  for 
the  purpose  of  influencing  the  ])roceedings  in  this  case. 

[Mass.  15.1 


MASSACHUSETTS.  407 

And  I  III)  further  swear,  that  I  have  not directly  or  indirectly,  made 

or  entered  into  any  bargain,  arrangement,  of  agreement,  exjiress  or  imi)lied, 
to  sell,  transfer,  or  dispose  of,  my  claim,  or  any  i)art  of  my  claim,  against 
said  debtor,  nor  liave,  directly  or  indirectly,  received  or  taken,  or  made  or 
entered  into  any  bargain,  arrangemeut,  or  agreement,  express  or  imi)lied,  to 
take  or  receive,  directly  or  indirectly,  any  money,  property,  or  consideration 
whatsoever  to  myself,  or  to  any  i)erson  or  persons  to  my  nse  or  T>en('fit,  nnder 
or  with  any  nnderstanding  or  agreement,  exi)ress  or  implied,  whereby  my 
vote  for  assignee,  or  my  assent  to  the  debtor's  discharge,  is  or  shall  ])e  m 
any  way  atfected,  intinonce<l,  or  controlled  or  whereby  the  proceedings  in 
this  case  ai'e  or  shall  be  affected,  inlluenced  oi'  controlled. 
Suffolk,  ss. 188 — . 

Then  personally  ai)peared  the  above  named and  made  solemn  oath 

that  the  foregoing  declaration,  by  him  subscribed,  is  true. 

Before  me, Justice  of  the  Peace. 

An  appeal  lies  to  the  superior  court  from  the  allowance,  or  disallowance  of 
a  claim.  If  proof  is  made  upon  a  note,  draft,  or  other  in.strument,  the  orig- 
inal should  be  annexed  to  the  proof,  and  it  may  be  afterwards  withdrawn  on 
tiling  a  copy. 

The  assignment  vests  in  the  assignee  all  real  and  personal  property  of  the 
debtor,  which  he  could  have  lawfully  sold,  assigned  or  conveyed,  or  which 
miglit  have  been  on  execution  upon  a  judgment  against  him,  at  the  time  of 
the  first  publication  of  the  proceedings,  and  dissolves  any  attachm.ent  made 
within  four  months,  prior  to  said  publication.  The  debtor  may  be  examined 
on  oath. 

The  second  meeting  is  held  within  three  months,  and  the  third  meeting 
within  six  months  ;  and  the  debtor  may  obtain  his  discharge  from  all  his 
debts  actually  proved  or  provable,  by  any  resident  of  the  state  at  the  time 
of  the  first  publication.  Debts  created  by  the  debtor's  defalcation,  fraud  or 
emV)ezz;lement,  are  not  discharged,  and  claims  for  necessaries  furnished  him, 
or  his  family,  are  not  discharged  unless  jn'oved. 

A  discharge  may  be  refused  or  annulled,  for  certain  specified  frauds  and 
preferences,  and  will  not  be  granted  to  a  debtor  who  does  not  pay  fifty  per 
cent,  of  the  claims  proved,  unless  he  tiles  within  six  nioiiths  after  the  date  of 
the  assignment,  the  written  assent  of  a  niajority  in  number  and  value  of  his 
creditors  who  have  proved  their  claims,  not  including  preferred  creditors; 
and  in  tUe  case  of  a  second  insolvency,  such  assent  of  three-fourths  in  value. 
The  following  claims  are  entitled  to  priority,  and  payable  in  their  order  ;  1st. 
All  de])ts  due  to,  and  payable  to  the  United  States,  and  all  debts  due  to,  and 
taxes  assessed  by  this  state,  or  any  county,  city,  or  town  theicln  ;  2d.  Wages 
due  operatives,  clerks,  or  servants,  not  exceeding  one  hundred  dollars,  for 
labor  ])erfonned  within  one  year  prior  to  the  insolvency  proceedings;  also 
such  wages  due  any  operative  from  another  oj^erative  of  the  debtor,  ]»ayment 
thereof  to  be  charged  to  the  account  of  the  i)rineipal  operative,  and  not  to 
exceed  the  amount  due  him,  and  entitled  to  priority  ;  "d.  Debts  due  ]>hysi- 
cians  for  medical  attendance  on  the  debtor  or  his  family,  within  six  nu)nths, 
and  not  exceeding  fifty  dollars  ;  4tli.  Debts  due  i)ersons  entitled  to  i)riority 
by  the  laws  of  the  United  States,  or  this  state  ;  5th.  Legal  fees,  costs  and 
exi)enses  of  suit,  attachment  and  custody  of  debtor's  property. 

Debts  due  to  residents  of  other  states,  if  proved,  are  barred  by  the  dis- 
charge of  debtor,  otherwise  not. 

Assignments  to  trustees  for  the  benefit  of  creditors,  made  in  good  faith, 
are  valid,  unless  the  court  of  insolvency,  upon  a2ii)lication  of  the  debtor  or 
creditor,  undertakes  the  administration  of  the  estate,  in  which  case  the 
trustees  must  surrender  the  pioperty  or  the  proceeds  thereof,  if  sold,  to  the 
assignee  apjxjinted  by  the  court. 

Interest  and  Usury. — Six  ])er  cent,  is  the   legal  rate  of  interest,  when 
there  is  no  agreemi'ut  for  a  ditterent  rate.     Any  rate  of  interest  may  be  re- 
served or  (contracted  for,  if  in  writing. 
[Mass.  JC] 


408  MASSACHUSETTS. 

Judgments. — The  court  may  enter  up  judgment  upon  default  at  any  time 
after  four  days  from  the  date  of  default. 

In  the  supreme  judicial  court,  judgment  is  entered  at  any  time  by  special 
order  on  motion,  or  by  agreement  of  parties. 

In  the  superior  court,  the  clerk,  on  request  of  the  party  entitled,  will  enter 
up  judgment  on  the  first  Monday  of  every  montli,  under  a  general  rule  of 
court.  Judgment  will  not  be  entered  up  in  this  court  at  any  other  time,  ex- 
cept upon  motion  and  special  cause  shown. 

The  municipal  court  of  the  city  of  Boston  holds  a  term  every  week,  and 
enters  judgment  at  the  end  of  the  term. 

The  judgment  is  not  itself  a  lien,  but  the  lien  secured  by  an  attachment 
holds  for  thirty  days  after  judgment. 

Justices  of  the  Peace. — Justices  of  the  peace  ai-e  commissioned  for  the 
teiTQ  of  seven  years,  by  the  governor  and  council,  with  authority  to  act  in  all 
the  counties. 

Landlord  and  Tenant  and  Leases. — Upon  non-payment  of  rent  due, 
under  a  written  lease,  fourteen  days'  notice  to  quit,  given  in  writing  by  the 
landlord  to  the  tenant,  is  sufficient  to  determine  the  lease,  unless  the  tenant, 
four  days  at  least  before  the  return-day  of  the  writ,  brought  to  recover  pos- 
session of  the  premises,  pays  or  tenders  to  the  landlord  or  his  attorney,  all 
rent  then  due  with  interest  and  costs.  Estates  at  will  may  be  determined  by 
either  party,  by  three  months'  notice  in  writing  ;  and  when  the  rent  is  pay- 
able at  periods  less  than  three  months,  the  time  of  notice  is  sufficient  if  equal 
to  the  inten-^al  between  the  days  of  payment.  Such  notice  should  expire  on 
a  rent  day.  An  action  to  recover  possession  may  be  brought  in  the  county  or 
district  where  the  premises  are  situated.  A  lease  for  more  than  seven  years 
should  be  recorded. 

License. — A  commercial  traveller  is  not  required  to  take  out  a  license. 

Liens. — {See  Mechanics''  Liens.) — In  addition  to  the  common  law  liens,  pro- 
vision is  made  for  liens  on  vessels,  for  labor,  materials,  and  stores  furnished. 
Boarding  house  keepers  have  a  lien  on  the  baggage  and  effects  of  boarders, 
other  than  mariners.  There  is  a  lien  for  pasturing,  boarding  or  kemiing  do- 
mestic animals.  An  attorney,  after  giving  notice,  has  a  lien  upon  oti  execu- 
tion for  the  amount  of  his  fees  and  disbursements. 

Limitation  of  Actions  or  Suits. — An  action  to  recover  lands  must  be 
brought  within  twenty  years  after  the  right  to  bring  the  action  first  accrued. 

The  following  must  bo  brought  within  six  years  ;  actions  of  contract  foun- 
ded upon  contracts  or  liabilitias  not  under  seal,  express  or  implied,  except 
such  actions  as  are  brought  upon  judgments  or  decrees  of  courts  of  record  of 
the  United  States,  or  of  this,  or  some  other  of  the  United  States  ;  actions  for 
arrears  of  rent,  excejit  upon  leases  under  seal  ;  actions  of  replevin,  and  other 
actions  for  taking  or  detaining  chattels  :  all  actions  of  tort,  excei)t  those 
hereafter  mentioned. 

The  following  must  be  brought  within  four  years  ;  viz.,  actions  against 
sherifl's,  for  the  misconduct  or  negligence  of  their  deputies. 

The  following  must  be  brought  within  two  years  ;  viz.,  actions  for  assault 


vency. 

Actions  by  creditors  against  executors  or  administrators,  who  have  given 
proper  notice  of  their  appointment,  must  be  brought  within  two  years  from 
the  time  when  they  gave  their  official  bond. 

[Mass.  17.] 


MASSACHUSETTS.  409 

The  followinj;  must  be  brought  within  twenty  years  ;  viz.,  actions  on  a 
promissory  note,  signed  in  the  presence  of  an  attestinj?  witness,  if  the  action 
is  brought  by  the  original  payee,  his  executor  or  administrator;  personal  ac- 
tions on  contracts  not  limited  by  the  foregoing  provisions,  and  actions  on 
judgments. 

The  statute  does  not  run  while  the  person  entitled  to  bring  the  action  is  an 
infant,  disabled  by  marriage,  insane,  imprisoned,  or  an  alien  enemy. 

If,  at  the  time  when  a  cause  of  action  accrues  against  a  person,  he  is  out 
of  the  state,  the  action  may  be  commenced  within  the  time  herein  limited, 
therefore,  after  he  comes  into  the  state  ;  and  if,  after  a  cause  of  action  has 
accraed,  the  person  against  whom  it  has  accrued  is  absent  from,  or  resides 
out  of  the  commonwealth,  the  time  of  his  absence  shall  not  be  taken  as  part 
of  the  time  limited  for  the  commencement  of  the  action,  'provided,  that  no 
action  shall  be  brought  by  any  person  whose  cause  of  action  has  been  barred 
by  the  laws  of  any  state,  territory  or  country  while  he  has  resided  therein. 

If  either  party  dies  before  the  expiration  of  the  time  limited,  or  within 
thirty  days  thereafter,  and  the  cause  of  action  by  law  survives,  the  action 
may  be  brought  by  or  against  the  executor  or  administrator  of  such  deceased 
person  within  two  years  after  the  granting  of  administration. 

Actions  against  an  employer  for  injury  to,  or  death  of  an  employee,  must 
be  brought  within  one  year  thereafter. 

A  judgment  is  presumed  to  be  paid  and  satisfied  after  twenty  years. 

Limited  Partnersllips. — Limited  partnerships  may  be  formed  for  the 
transaction  of  any  lawful  business,  except  insurance,  and  may  consist  of  the 
general  partners,  who  are  jointly  and  severally  liable  for  all  debts  of  the 
partnership  and  the  special  partners,  who  must  contribute  in  actual  cash 
payment,  a  specific  sum  as  capital,  and  are  not  personally  liable  for  the  part- 
nership debts,  provided  a  certificate  is  made,  acknowledged  and  filed  and 
recorded  in  the  office  of  the  secretary  of  state,  and  a  copy  thereof  published 
for  six  successive  weeks  as  required  by  statute. 

Married  Women. — The  real  and  personal  property  of  a  woman  remains 
her  separate  ijroperty  upon  her  marriage,  and  she  may  receive,  receipt  for, 
hold,  manage  and  dispose  of  property,  real  and  personal,  in  the  same  manner 
as  if  she  were  sole,  except  that  she  shall  not  without  the  written  consent  of 
her  husband  destroy  or  impair  his  tenancy  by  the  curtesy  in  her  real  estate. 
A  married  woman  may  make  contracts  oral  and  written,  sealed  and  unsealed, 
in  the  same  manner  as  if  she  were  sole,  except  with  her  husband,  and  may 
sue  and  be  sued  in  the  same  manner.  A  married  woman  may  make  a  will  in 
the  same  manner  and  with  the  same  effect  as  if  she  were  sole,  except  that 
such  will  shall  not,  without  the  husband's  written  consent,  operate  to  de- 
prive him  of  his  tenancy  by  the  curtesy  in  her  real  estate,  or  of  the  right  to 
the  use  of  one-half  of  such  real  estate  for  his  life,  if  they  have  had  no  issue 
boni  alive,  or  of  more  than  one-half  of  her  personal  estate.  A  woman  may, 
by  gift  from  her  husband,  acquire  as  her  separate  property,  apparel,  orna- 
ments and  articles  for  lier  personal  use  to  the  value  of  not  more  than  $3,Q,00, 
but  not  in  fraud  of  his  creditors.  A  husband  is  not  liable  for  the  debts  of 
his  wife  contracted  before  marriage,  nor  is  her  property  liable  for  his  bebts, 
except  as  follows  :  A  married  woman  doing  or  proposing  to  do  business  on 
her  separate  account  must  file  a  certificate  as  provided  by  statute  in  the 
office  of  the  clerk  of  the  city  or  town  in  which  the  business  is  to  be  done.  If 
she  fails  to  file  the  certificate,  the  property  emjiloyed  in  the  business  is  liable 
for  the  husband's  debts  and  he  is  liable  on  contracts  made  in  prosecution  of 
the  business. 

Mechanics'  Liens. — Any  person  performing  or  furnishing  labor,  or  fur- 
nishing materials  in  the  erection,  alteration  or  repair  of  a  building  or  struct- 
ure, by  agreement  with  or  consent  of  the  owner  or  any  person  rightfully 
acting  for  him,  has  a  lien  upon  such  building  or  structure  and  upon  the  in- 

[Mass.  18.] 


410  MASSACHUSETTS. 

terest  of  the  owner  thereof  in  the  lot  of  land  upon  which  the  same  is  situ- 
ated, to  secure  the  payment  of  the  debt  due  to  him  therefor  and  of  the  costs 
which  may  arise  in  enforcing  sucli  lien.  No  lien  for  materials  furnished  at- 
taches unless  the  person  furnishing  tliem  Ijefore  so  doing  gives  notice  in 
writing  to  the  owner  of  the  property  to  be  affected  by  the  lien,  if  such  owner 
is  not  the  purchaser,  that  he  intends  to  claim  such  a  lien.  A  person  desiring 
to  avail  himself  of  a  lien  must  within  thirty  days  after  he  ceases  to  labor  on, 
or  to  furnish  labor  or  materials  for,  the  building  or  structure,  file  in  the  regis- 
try of  deeds  for  the  county  or  district  in  which  the  same  is  situated  a  state- 
ment of  a  just  and  true  account  of  the  amount  due  him,with  all  just  credits 
given,  a  description  of  the  property  intended  to  be  covered  by  the  lien,  suffi- 
ciently accurate  for  identification,  and  the  name  of  the  owner,  if  known, 
which  statement  must  be  subscribed  and  sworn  to  by  the  person  claiming  the 
lien  or  by  some  one  in  his  behalf.  A  suit  for  enforcing  the  lien  must  be  com- 
menced within  ninety  days  after  the  creditor  ceases  to  labor  on  or  to  furnish 
labor  or  materials  for  the  building  or  structure.  Liens  may  be  dissolved  by 
bond  with  sureties  conditioned  to  pay  the  value  of  the  property  released,  or 
to  i>ay  the  debt  for  which  the  lien  is  enforced. 

Minors. — A  person  under  twenty-one  years  of  age  is  a  minor.  Contracts 
with  minors,  except  for  necessaries,  are  voidable  by  the  minor,  but  not  void.. 

Mortgages  of  Real  Estate. — Mortgages  of  real  estate  arc  made  in  the 
same  form  as  warranty  deeds,  with  a  clause  setting  forth  the  condition,  and 
almost  universally  with  a  power  of  sale  on  breach  of  condition,  and  are  exe- 
cuted and  recorded  like  deeds.  Mortgage  deeds  without  a  power  of  sale  are 
now  seldom  used.  After  a  sale  under  the  power  there  is  no  redemption. 
Mortgages  are  foreclosed  by  sale  iinderthe  power,  and  also  (oftentimes  even 
where  there  is  a  power  of  sale,  and  as  a  precaution  against  any  possible 
irregularity  in  the  execution  of  the  power)  by  peaceable  entry  continued  for 
three  years,  a  certificate  of  such  entry  being  recorded  within  thirty  days 
after  entry.  Mortgages  may  also  be  foreclosed  by  suit.  Trust  deeds  are  not 
used  in  lieu  of  mortgages  in  this  state,  except  for  the  purpose  of  securing 
bonds  for  the  payment  of  money  by  corporations. 

Notes  and  Bills  of  Exchange. — {See  Bills  of  Exchange,  Etc.) 

Oaths  and  AfGldavits.— C&e  Depositions.) 

Partnerships. — Partnerships  are  ordinarily  formed  by  written  articles  of 
agreement,  stating  the  terms  of  the  contract.  Every  general  partner  is 
liable  for  the  debts  of  the  partnership  contracted  by  any  partner  within  the 
scope  of  its  business. 

Promissory  Notes. — {See  Bills  of  Exchange,  Etc.) 

Practice. — Practice  is  regulated  by  statute.  Pleading  is  very  nuich  sim- 
plified by  the  statute  and  great  liberty  of  amendment  is  allowed. 

Proof  of  Claims. — {See  Insolvent  Laws.) 

Recording, — {See  Deeds.) 

Redemption. — Real  estate  set  off  or  sold  on  execution  may  be  ledeemed 
by  the  debtor  within  one  year  by  paying  the  sum  for  which  it  was  set  off  or 
sold  with  interest,  taxes  and  assessments  thereon,  and  reasonable  expenses  of 
repairs  and  improvements,  and  all  sums  lawfully  paid  to  remove  any  prior 
mortgage  or  lien,  deducting  the  rents  and  profits  received  or  justly  charge- 
able to  the  creditor.  There  is  no  right  of  redemption  of  real  estate  or  per- 
sonal property  duly  sold  under  a  mortgage  containing  a  power  of  sale,  nor 
after  a  complete  and  valid  foreclosure  of  any  mortgage. — {See  also  Ta.ves.) 

[Mass.  19.1 


MASSACHUSETTS.  411 

Replevin. — The  i)laintiff  in  an  action  of  replevin,  or  some  one  in  his 
"behalf  must.  betVire  service  of  the  writ,  execute  and  deliver  to  the  officer  a 
bond  to  the  defendant  in  double  the  ai)praised  value  of  the  property  to  be 
replevied,  with  condition  to  prosecute  the  action  to  judgment  and  to  pay- 
such  damages  and  costs  as  the  defendant  may  recover,  and  also  to  return  the 
property  in  case  such  shall  be  the  final  judgment. 

Revenue. — {See  Taxes.) 

Revision. — The  statutes  of  the  commonwealth  have  been  revised  and  by- 
act  of  the  legislature,  approved  November  19,  1881,  and  taking  effect  .January 
31,  1882,  are  now  in  force  under  the  designation  of  the  public  statutes. 

Revivor. — No  acknowledgment  or  promise,  except  a  partial  payment,  is 
evidence  of  a  new  or  continuing  contract,  sufficient  to  take  a  case  out  of  the 
statute  of  limitations,  unless  made  or  contained  by  or  in  some  writing  signed 
by  the  party  chargeable  thei'cby. 

Seal. — A  scroll  does  not  answer  for  a  seal  in  this  state. 

Security  for  Costs  and  other  Undertakings.— ( -See  Costs,  Security  for.)- 

Stay  of  Execution. — (5ee  Execution.) 

Suits. — {See  Actions.) 

Supplementary  Proceedings.— (-See  Arrest.) 

Taxes. — Taxes  are  assessed  as  of  the  first  day  of  May  in  each  year,  and 
each  city  or  town  fixes  the  time  within  which  taxes  assessed  therein  shall  be 
paid.  Taxes  asses.sed  on  real  estate  constitute  a  lien  thereon  for  two  years 
after  they  are  committed  to  the  collector.  If  the  taxes  are  not  paid  within 
fourteen  days  after  a  demand  of  payment  the  collector  may  advertise  the 
premises  for  sale,  and  if  the  taxes  are  not  paid,  at  the  time  and  place  ap- 
pointed for  the  sale,  may  sell  at  public  auction  so  much  of  the  i)remises  as 
shall  be  sufficient  to  discharge  the  taxes  and  intervening  charges,  or  he  may 
at  his  option  .sell  the  whole.  The  collector  executes  and  delivers  a  deed  to 
the  purchaser,  which  must  be  recorded  within  thirty  days  after  the  sale.  The 
collector  may  purchase  for  the  city  or  town  assessing  the  taxes,  if  no  suffi- 
cient bid  is  made  and  may  also  enforce  the  lien  by  taking  for  the  city  or  town 
the  premises  assessed.  The  owner  of  the  premises  so  sold  or  taken,  or  his 
heirs  or  assigns,  within  two  years  from  the  day  of  sale  or  taking  may  re- 
deem the  premises  by  paying  or  tendering  to  the  collector  the  amount  of 
taxes  and  charges  and  fees  allowed  to  him,  and  intervening  taxes,  or  to  the 
purchaser,  the  original  sum  and  intervening  taxes  paid  by  him,  in  each  ca.se 
with  ten  per  cent,  interest  and  all  intervening  expenses.  The  jmrchaser 
under  a  tax  sale,  if  resident  in  the  city  or  town  where  the  premises  are.  must 
record  his  residence  or  place  of  business,  and  if  he  removes  or  resides  else- 
where, must  appoint  an  agent  or  attorney,  and  record  such  appointment. 

Trust  Deeds. — {See  Mortgages  of  Real  Estate.) 

Trustee  Process. — AH  personal  actions,  except  actions  of  replevin  and 
actions  of  tort  for  malicious  pro.secution,  for  slander  or  libel,  and  for  assault 
and  battery,  may  be  commenced  by  trustee  process,  and  any  person  or  cor- 
poration, including  non-residents  and  foreign  corporations,  having  usual 
places  of  business  in  this  state,  may  be  summoned  as  trustee  of  the  defen- 
dant therein.  The  writ  must  be  returnable  in  the  county  in  which  one  of 
the  trustees  dwells  or  has  his  usual  place  of  business.  A  trustee  must  file  a 
sworn  answer  and  may  be  examined  upon  written  interrogatories.  If  he 
[Mass.  20.] 


■n2  MASSACHUSETTS. 

Icnowmgly  and  wilfally  answers  falsely  he  is  personally  liable  in  an  action  of 
tort  for  the  amount  of  the  judgment  and  interest  thereon,  The  trustee,  with 
•certain  excejitions,  is  chargeable  for  a  debt  due  absolutely  and  without  any 
contingency,  although  not  payable.  The  wages  of  a  seaman  are  exempt 
from  attachment  by  trustee  process.  When  wages  are  attached  for  a  debt 
other  than  for  necessaries  furnished  the  debtor  or  his  family,  the  sum  of 
twenty  dollars  is  exempt,  and  when  attached  on  a  claim  for  such  necessaries 
ten  dollars  is  exempt:  The  wages  of  the  wife  and  minor  children  of  the 
debtor  cannot  be  attached  in  trustee  process  for  a  debt  due  from  him.  Any 
amount  may  be  held  by  trustee  process,  but  the  plaintiff  is  allowed  no  costs 
unless  he  recovers  ten  dollars. 

Usury .^(*See  Interest.) 

Wages. — {See  Trustee  Process.) — An  assignment  of  future  earnings  to  be 
valid  against  trustee  process  must  be  recorded  in  the  clerk's  office  of  the  city 
or  town  where  the  assignor  resides. 

Wills. — Every  person  of  full  age  and  sound  mind  may  dispose  of  his  real 
and  personal  estate  by  his  last  will  and  testament  in  writing.  The  will  must 
be  signed  by  the  testator,  or  by  some  person  in  his  presence  and  by  his  ex- 
press direction,  and  attested  and  subscribed  in  his  presence  by  three  or  more 
competent  witnesses.  A  devise  or  legacy  to  a  subscribing  witness  or  to  the 
husband  or  wife  of  such  witness  is  void,  unless  there  are  three  other  compe- 
tent subscribing  witnesses. 

A  will  made  out  of  the  state  which  is  valid,  according  to  the  laws  of  the 
state  or  country  where  made,  may  be  proved  and  allowed  in  this  state,  and 
thereupon  has  the  same  effect  that  it  would  have  had  if  executed  according 
to  the  laws  of  this  state.  A  soldier  in  actual  military  service,  or  a  mariner 
at  sea,  may  dispose  of  his  personal  estate  by  a  nuncupative  will. 

A  will  takes  effect  when  duly  proved  and  allowed  in  the  probate  court,  and 
such  probate  is  conclusive  as  to  its  due  execution.  Executors  or  other  per- 
sons having  the  custody  of  a  will  must  deliver  it  into  the  probate  court 
within  thirty  days  after  notice  of  the  death  of  the  testator.  A  widow  may 
within  six  months  after  probate  waive  in  writing  the  provisions  for  her  in 
Jier  husband's  will  and  take  as  if  he  had  died  intestate. 

Witnesses.— (5ee  Evidence.) 


fMass.  21.] 


MASSACHUSETTS. 


41$ 


ATTORNEYS  IN  MASSACHUSETTS. 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  population.. 
P'igures  after  names,  when  admitted  to  the  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (|)  our  Compiler  of  Laws. 
A  dagger  (t)  former  recommendation  withdrawn. 


PLACE. 

COUNTY. 

NAMES   OP    ATTORNEYS, 

popula'n 

Abington 

Plymouth 

Simmons  &  Pratt 

3,700 

Adams 

Berkshire 

W.  H.  Bixby. 

8,282 

Amesbury 

Essex 

F.  C.  Whiting. 

4,403 

Amherst 

Hampshire 

Dickinson  &  Cooper. 

4,199 

Andover 

Essex 

Geo.  W.  Foster. 

5,711 

Arlington 

Middlesex 

John  H.  Hardy. 

4,673 

Ashland 

Middlesex 

Geo.  T.  Higley. 

2,633 

Athol 

Worcester 

Hon.  Chas.  Field. 

4,758 

Atlantic 

Norfolk 

R.  A.  Dugan. 

1,225 

Attleborough 

Bristol 

F.  I.  Babcock. 

15,000 

Ayer 

Middlesex 

Hon.  Levi  Wallace. 

2,200 

Barnstable 

Barnstable 

F.  F.  Lothrop. 

4,050 

Barre 

Worcester 

Chas.  Brinblecom. 

2,092 

Bellingham 

Norfolk 

N.  A.  Cook. 

1,259 

Belmont 

Middlesex 

Fred'k.  Dodge 

1,639 

Beverly 

Essex 

S.  A.  Fuller. 

9,168 

Blackstone 

Worcester 

Hon.  A.  A.  Putman. 

5,435 

Boston  Suffolk  County.  Population  400,000 

t  Waitt,  Wm.  G.,  31  Milk  Street. 

See  Card  in  Appendix,  page  xi. 
Adams,  Charles  Hall,  Notary  and  Commissioner, 

5  Court  Street. 
See  Card  in  Appendix,  page  xi. 

*  Butler,  J.  E.,  '65,  47  Court  Street. 
Dore,  John  F.,  '79,  68  Cornhill  Street. 
EVERETT,  EDWARD,  34  School  Street. 

Bradford 

Braintree 

Bridgewater 

Brockton 

Brookline 

Cambridge 

Cambridgeport 

Canton 

Chelsea 

Chicopee 

Clinton 

Cohasset 

Concord 

Dedham 

Douglass 

East  Bridgewater 

Easthampton 


Essex 

Hon.  Henry  Carter. 

3,106: 

Norfolk 

V.  L.  M.  Tower. 

4,050 

Plymouth 

H.  Kingman. 

3,837 

Plymouth 

F.  M.  Bixby. 

20,783 

Norfolk 

Chas.  H.  Drew. 

9,195 

Middlesex 

S.  Albee. 

60,000 

Middlesex 

H.  C.  Holt. 

27,224 

Norfolk 

Thos.  E.  Grover. 

4,380 

Suffolk 

Geo.  W.  Averill. 

25,709 

Hampden 

Geo.  M.  Stearns. 

11,528 

Worcester 

DAME,  J.  T.,  &  DAME,  W. 

R.  8,945 

Norfolk 

L.  N.  Cashing. 

2,216 

Middlesex 

C.  H.  Walcott. 

3,727 

Norfolk 

Thos.  L.  Wakefield. 

7,000 

Worcester 

G.  F.  Bigelow. 

2,205 

Plymouth 

R.  0.  Harris. 

2,812 

Hampshire 

A.  J.  Fargo. 

4,20ft 

414 


MASSACHUSETTS. 


Hdgartown 

Essex 

Everett 

Fall  River 

Florence 

Fitchburg 

Foxborougli 

Framingham 

Franklin 

Gardner 

Georg-etown 

Gloucester 

Grafton 

Great  Barrington 

Oreenfield 

Hanover 

Hatfield 

Haverhill 

Hinghani 

Hollisteu 

Holyoke 

Hopkinton 

Hudson 

Huntington 

Hyde  Park 

Ipswich 

Lawrence 

Lee 

Lenox 

Leominster 

Lexington 

Littleton 

Longmeadovs- 

Lowell 

Lynn 

Maiden 

Mansfield 

Marlborough 

Medfield 

Medford 

Medway 

Merrimac 

Methuen 

Middleborough 

Milford 

Millbury 

Milton 

Monson 

Nantucket 

Natick 

Needham 

New  Bedford 

Newburyport 

Newton 

Noi-th  Adams 

Northampton 


COUNTY. 

Dukes 

Essex 

Middlesex 

Bristol 

Hampshire 

Worcester 

Norfolk 

Middlesex 

Norfolk 

Worcester 

Essex 

Essex 

Worcester 

Berkshire 

Franklin 

Plymouth 

Hampden 

Essex 

Plymouth 

Middlesex 

Hampden 

Middlesex 

Middlesex 

Hampshire 

Norfolk 

Essex 

Essex 

Berkshire 
Berkshire 
Worcester 
Middlesex 
Middlesex 
Hampden 

Middlesex 

Essex 

Middlesex 

Bristol 

Middlesex   . 

Norfolk 

Middlesex 

Norfolk 

Essex 

Essex 

Plymouth 

Worcester 

Worcester 

Norfolk 

Hampden 

Nantucket 

Middlesex 

Norfolk 

Bristol 

Kssex 

^Middlesex 

Berkshire 

Hampshire 


NAMES    OF   ATTORNEYS.     POPULA'n 


Chas.  G.  M.  Dunham. 
F.  Richardson. 
D.  P.  Bailey. 
Morton  &  Jennings. 
(See  NortJuimpton.) 
Norcross  &  Hartwell. 

F.  H.  Williams. 
W.  A.  Adams. 
Geo.  W.  Wiggins. 

^  Chas.  D.  Burrage. 
(\K  D.  Howe. 
W.  A.  Butler. 

C.  P.  Thompson. 

D.  B.  Hubbard. 
B.  Palmer. 

D.  Aiken  &  Son. 
P.  Simmons. 

T.  Graves. 

Abbott  &  Pearl. 

M.  L.  Bouve. 

Hon.  W.  A.  Kingsbviry. 

Hon.  W.  B.  C.  Pearsons. 

G.  L.  Hemenway. 
J.  T,  Joslin. 
Geo.  Kress. 

J.  E.  Colter. 

Chas.  A.  Sayward. 
<K  t  John  S.  Gile. 
\  Chas.  G.  Saunders. 

P.  A.  Casey. 

Thomas  Post. 

H.  Mayo. 

A.  E.  Scott. 

S.  Hartwell. 

Jas.  Bliss. 
^\  H.  U.  Browne, 
i  A.  P.  Boury. 

Newhall  &  Harmon. 

G.  D.  Ayers. 

E.  M.  Reed. 
Gale  &  McDonald. 
James  Hewius. 

T.  S.  Harlow. 
H.  A.  Walker. 
T.  H.  Hoyt. 
W.  M.  Rogers. 
E.  Robinson. 
Geo.  G.  Parker. 
John  Hopkins. 
N.  F.  Safibrd. 
G.  H.  Newton. 
Allen  Coffin. 
Chas.  Q.  Tirrell. 
E.  Grover. 
O.  Prescott. 
E.  F.  Stowe. 
S.  L.  Powers. 
S.  P.  Thayer. 
D.  W.  Bond. 


1,200 

1  723 
5|375 

56,863 
2,  ,566 

1  5,375 
2,814 
8,275 
3,983 

7,300 

2,299 
21,713 
4,498 
4,279 
5,300 
1,966 
1,500 
23,000 
4,375 
2,926 
27,894 
4,000 
3,968 
1,267 
8,400 
4,207 

38,812 

4.274 
2,154 
5,297 
3,000 
1,067 
1,677 

64,051 

15,561 

16,407 

2,939 

11,000 

1,600 

9,041 

2,777 

2,378 

4,507 

5,173 

9,343 

4,555 

3,555 

3,958 

3,143 

8,460 

2,586 

33,393 

13,716 

19,7.59 

15,540 

1,289 


MASSACHUSETTS. 


415 


COUNTY. 


NAMES   OF    ATTORNEYS.     POPLLA'N. 


North  Andover 

Essex 

Geo.  L.  Vail. 

n,425 

Northborough 

Worcester 

Samuel  Clark. 

l,b5;! 

North  Brookfield 

Worcester 

Henry  W.  King. 

4,110 

North  Eastou 

Bristol 

L.  E.  Southard. 

1,300 

Norwood 

Norfolk 

.lohn  C.  Lane. 

3,00U 

Orange 

Franklin 

R.  D.  Chace. 

3,650 

Orleans 

Barnstable 

.J.  Higgins. 

1,17(5 

Palmer 

Hampdeu 

C.  L.  Gardner. 

r),923 

Peabody 

Essex 

W.  P.  Upham. 

9.530 

Pittsfield 

Berkshire 

CHAS.  E.  HIBBARD.  -61) 

14,466 

Plymouth 

Plymouth 

Chas.  G.  Davis. 

7,259 

Provincetown 

Barnstable 

J.  H.  Hopkins. 

4,500 

Quincy 

Norfolk 

W.  G.  Pattel. 

12,144 

Kandolph 

Norfolk 

,T.  V.  Beal. 

3,807 

Reading 

Middlesex 

S.  Bancroft. 

3,539 

Rockland 

Plymouth 

Geo.  W.  Kelley. 

4,784 

Rowley 

Essex 

G.  B.  Blodgett. 

1,183 

Salisbury 

Essex 

H.  I.  Bartlett. 

4,840 

Salem 

Essex 

WILLIAM  H.  GOVE. 

28,084 

Sandwich 

Barnstable 

E.  S.  Whitmore. 

2,124 

Shelburn  Falls 

Franklin 

S.  T.  Fields. 

1,975 

Shirley 

Middlesex 

James  Gerrish. 

1,442 

Somerville 

Middlesex 

Stearns  &  Butler. 

30,000 

South  Abington 

Plymouth 

Chas.  Edton. 

3,595 

Southbridge 

Worcester 

A.  J.  Bartholomew. 

6,501 

Spencer 

Worcester 

C.  S.  Dodge. 

8,247 

Springfield 

Hampden 

^  EDMUND  P.  KENDRICK, 
■(•                 ;594  Main  Street. 

37,577 

Stockbridge 

Berkshire 

H.  J.  Dunham. 

2,113 

"Stoughton 

Norfolk 

O.  A.  Marden. 

5,182 

T?aunton 

Bristol 

H.  J.  Fuller. 

23,674 

Templeton 

Worcester 

C.  D.  Burrage. 

2,627 

Topsfield 

Essex 

Chas.  H.  Holmes. 

1,141 

Uxbridge 

Worcester 

Geo.  W.  Hobbs. 

2,948 

Wakefield 

Middlesex 

C.  W.  Eaton. 

7,000 

Waltham 

Middlesex 

F.  M.  Stone. 

14,607 

Ware 

Hampshire 

H.  C.  Davies. 

6.003 

AVareham 

Plymouth 

.1.  C.  Sullivan. 

3,254 

Warren 

Worcester 

E.  C.  Sawyer. 

4,031 

Watertowu 

Middlesex 

Samuel  Abbott. 

6,238 

Wayland 

Middlesex 

R.  T.  Lombard. 

1,946 

Webster 

Worcester 

H.  J.  Clarke. 

6,220 

Wellfleet 

Barnstable 

Hon.  H.  P.  Ilarriman. 

1,687 

Westborough 

Worcester 

W.  T.  Forbs. 

4,880 

West  Boylston 

Worcester 

H.  F.  Harris. 

2,927 

West  Brookfield 

Worcester 

H.  W.  Bush. 

1,747 

Westfield 

Hamjiden 

Whitney  &  Brigham. 

9,000 

Weston 

Middlesex 

A.  Fiske. 

1,427 

West  Stockbridge 

Berkshire 

W.  C.  Spaulding. 

1,648 

Weymouth 

Norfolk 

E.  C.  Biimpus.  " 

10,470 

Williamstown 

Berkshire 

Hon.  K.  Danforth. 

3,792 

Winchendon 

AVorcester 

L.  W.  Pierce. 

3,872 

Winchester 

Middlesex 

J.  M.  Tyler. 

4,390 

Wuburn 

Middlesex 

Hon.  P.  L.  Converse. 

12,000 

"Worcester 

Worcester 

/  CHAS.  I.  RAWSON. 

t             [5  &  4  Chapin  Block. 

68,383 

AVilliamsburgli 

Hampshire 

(See  Northampton.) 

2.044 

AVrentham 

Norfolk 

S.  Warner. 

2,710 

Taimouth 

Barnstable 

F.  C.  Swift. 

1,363 

416 


MASSACHUSETTS. 


BANKS    IN    MASSACHUSETTS. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  ol  one- 
banli  in  each  county  of  this  state  in  which  such  a  banking  institution  is  located. 


PLACE. 

NAME 

OF    BANK. 

CASHIER. 

PAID  UP 
CAPITAL. 

Boston 

Merchants' 

National  Bank 

George  R.  Chapman. 

$3,000,000 

Cambridge 

Charles  River  Nat  Bank 

Ebeu  Snow. 

100,000 

Dedham 

Dedham  National  Bank 

Edwin  A.  Brooks. 

300,000 

Edgartown 

Martha's  Vineyard  Nat  B't 

.  Cyrus  H.  Pease. 

100,000 

Fitchburg 

Fitchburg  National  Bank 

B.  N.  Bullock. 

250,000 

Greenfield 

Franklin  Co  Nat  Bank 

Herbert  0.  Edgarton 

300,000 

Lawrence 

Bay  State  National  Bank 

Samuel  White. 

375,000- 

Lowell 

Merchants' 

National  Bank 

W.  W.  Johnson. 

400,000 

Nantucket 

Pacific 

Albert  G.  Brock. 

100,000 

New  Bedford 

First 

W.  P.  Winsor. 

1,000,000 

Newburyport 

First 

^Y.  F.  Houston. 

300,000 

Northampton 

First 

F.  N.  Kneeland 

500,000 

Pittsfield 

Pittsfield 

Edward  S.  Francis. 

500,000 

Plymouth 

Old  Colony 

William  S.  Morrisy. 

250,000 

Salem 

Naumkeag 

Nathaniel  A.  Very, 

500,000 

Springfield 

Third 

Frederick  Harris. 

500,000' 

Taunton 

Taunton 

George  W.  Andros. 

600,000 

Worcester 

AVorcester 

James  P.  Hamilton. 

500,000 

STATE  OF 

MICHIGAN. 

SUMMARY   OF 

Collection    Laws. 

Court  Calendar,  Instructions  for  taking  Depositions,  Legal  Forms,  Etc. 
Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "Showers'    ' 
Legal  Directory  and  Merchants'  Guide,"  for  1888,  by 
Bowen,  Douglass  «fe  Whiting  of  the  Detroit  Bar. 

Acknowledgments. — A  conveyance  of  lands,  executed  within  the  state,  to 
be  entitled  to  record  must  be  signed,  sealed  (a  scroll  is  sufficient),  witnessed 
by  two  witnesses  and  acknowledged.  The  acknowledgment  may  be  before 
any  judge  or  commissioner  of  a  court  of  record,  notary  public  or  justice  of 
the  peace. 

If  executed  in  any  other  state,  territory  or  district  of  the  United  States  it 
may  be  executed,  1st,  before  a  commissioner  for  Michigan,  or,  2d,  it  may  be 
executed  according  to  the  laws  of  such  state,  territory,  or  district,  and  the 
execution  thereof  may  be  acknowledged  before  any  judge  of  a  court  of 
record,  notary  public,  justice  of  the  peace,  master  in  chancery,  or  other 
officer  authorized  by  the  laws  of  such  state,  etc.,  to  take  acknowledgment  of 
deeds  therein.  And  in  such  case  the  deed  shall  have  attached  to  it  a  certifi- 
cate of  the  clerk  or  other  proper  certifying  officer  of  a  court  of  record  of  the 
county  or  district,  or  of  the  secretary  of  state  of  the  state  or  territory  within 
which  such  acknowledgment  was  taken,  under  the  seal  of  his  office,  that  the 
person  whose  name  is  subscribed  to  the  certificate  of  acknowledgment  was 
at  the  date  thereof  such  officer  as  he  is  thereon  represented  to  be,  and  that 
he  believes  the  signature  of  such  person  to  such  certificate  of  acknowledg- 
ment to  be  genuine,  and  that  the  deed  is  executed  and  acknowledged  accord- 
ing to  the  laws  of  such  state,  territory  or  district. 

If  executed  in  any  foreign  country,  such  deed  may  be  executed  according 
to  the  laws  of  such  country,  and  the  execution  thereof  may  be  acknowledged 
before  any  notary  public  therein,  or  before  any  minister,  charge  d'attaires, 
•  commissioner  or  consul  of  the  United  States,  appointed  to  reside  therein  ; 
which  acknowledgment  shall  be  certified  thereon  by  the  officer  taking  the 
same,  under  his  hand,  and  if  taken  before  a  notary  public,  his  seal  of  office 
shall  be  affixed  to  such  certificate. 

Form  of  Acknoicled(jments  for  Deeds  and  Mortgages. 

State  op  Michigan,  } 

Ct)UNTY  OF  ,        \      ' 

On  this day  of ,  in  the  year  one  thousand  eight  hundred  and , 

before  me  (the  name  of  the  ofhcer  who  takes  the  acknowledgment),  a 
(notary  public,  justice  of  the  peace,  or  official  title)  in  and  for  said  county, 
personally  appeared  (names  of  grantors),  to  me  known  to  be  the  same  per- 
sons described   in,    and   who    executed    the   within  instrument,   who 

acknowledged  the  same  to  be  their  free  act  and  deed. 

,  Notary  Public  (or  official  title.) 

,  county,  Michigan. 


418  MICHIGAN. 

Acknowledgment  of  deed  out  of  the  state  : 

Deeds  acknowledged  out  of  the  state,  unless  before  a  commissioner  ap- 
pointed by  the  governor  of  this  state  for  that  purpose,  shall  have  attached 
thereto  a  certificate  of  the  clerk  of  a  court  of  record  of  the  county  or  district, 
or  of  the  secretary  of  state  where  acknowledged,  under  the  seal  of  his  office, 
that  the  officer  taking  the  acknowledgment  was  at  the  tiiue  such  officer  as 
he  is  represented  to  be,  and  that  he  believes  the  signature  of  such  officer  to 
such  certificate  of  acknowledgment  to  be  genuine,  and  that  the  deed  is 
executed  and  acknowledged  according  to  the  laws  of  such  state,  territory  or 
district. 

Actions. — Actions  are  substantially  the  same  as  at  common  law.  Real 
actions,  except  ejectment,  actions  for  waste  and  for  trespass  on  lands,  and 
actions  on  the  case  for  private  nuisances,  are  abolished.  The  principal  per- 
sonal actions  are  assumpsit,  debt,  replevin,  trespass,  trespass  on  the  case 
and  trover.  Actions  of  account,  annuity  and  covenant,  are  seldom  or  never 
used  ;  detinue  is  abolished.  Assumpsit  lies  upon  statutes  in  many  cases, 
and  ujjon  contracts  under  seal  and  judgments.  In  all  cases  where  a  party 
hag  a  right  of  action  for  the  taking  of  timber  or  other  trespass  on  lands,  he 
may  waive  the  tort  and  bring  assumpsit. 

The  assignee  of  any  bond,  note  or  other  chose  in  action,  not  negotiable, 
may  sue  and  recover  the  same  in  his  own  name  ;  but  the  defendant  in  such 
case  may  set  up  and  avail  himself  of  any  defence  he  may  have  arismg  before 
due  notice  of  such  assignment,  and  which  accrued  prior  to  such  action,  in 
the  same  manner  and  witli  like  effect  as  if  the  assignor  had  prosecuted  the 
same  in  his  own  name. 

The  holder  of  a  bill  of  exchange  or  note,  instead  of  bringing  separate  suit 
against  the  drawers,  makers,  guarantors,  indorsers  and  acceptor,  may  in- 
clude all  or  any  of  the  said  parties  in  one  action,  and  proceed  to  judgment 
and  execution  in  the  same  manner  as  though  all  defendants  were  joint 
contractors. 

In  all  actions  upon  bills  of  exchange  or  notes,  the  plaintiff"  may  declare 
upon  the  money  counts  alone,  and  the  bill  or  note  may  be  given  in  evidence 
thereunder  in  all  cases  where  a  copy  has  been  served  with  the  declaration. 

The  common  law  practice  prevails,  except  when  modified  by  statute  or 
rule. 

All  actions  which  may  be  commenced  by  capias  or  summons,  may,  at  the 
option  of  the  plaintiff',  be  commenced  by  filing  in  the  clerk's  office  a  declara- 
tion, entering  a  rule  in  the  common  rule  book,  requiring  the  defendant  to 
plead  thereto  within  twenty  days  after  the  service  of  a  copy  thereof  and  no- 
tice of  such  rule,  and  serving  a  copy  of  such  declaration  and  a  notice  of  such 
rule  personally  on  the  defendant.  Actions  for  tort,  where  cause  of  action 
arise  in  this  state,  can  be  commenced  against  non-residents  by  attachment. 

Administration  of  Estates  of  Deceased  Persons.— On  petition  and  notice 
the  probate  court  of  the  county  in  which  the  deceased  lived  at  time  of  his 
death,  or  where  the  estate  to  be  administered  is  situated,  may  grant  letters 
of  administration  in  case  deceased  died  intestate.  Under  special  circum- 
stances, special  or  temporary  administrators  may  be  appointed. 

On  petition,  notice  and  proof  of  execution,  a  will  is  admitted  to  probate, 
■ind  the  person  named  therein  is  appointed  by  the  probate  court  as  execu1;or, 
unless  he  is  legally  disqualified  to  act.  Foreign  executors  and  administra- 
tors liave  no  standing  in  the  courts  of  this  state.  Will,  if  any,  must  be  pro- 
i)ated  in  this  state.  If  deceased  died  intestate,  letters  of  administration 
must  be  taken  out  here. 

AfB.davits. — An  affidavit  taken  in  any  other  state  or  territory,  to  be  used 
injudicial  proceedings  in  this  .state,  may  be  taken  before  a  commissioner  for 
Micliigan,  or  before  a  notary  public  or  justice  of  the  peace  authorized  by  the 
l;i\vs  of  such  other  state  or  territory  to  administer  oaths.     The  signature  of 


MICHIGAN.  419 

such  notary  or  justice,  and  tlie  fact  that  at  tlic  time  of  taking  of  such  affi- 
davit, the  person  before  wlioni  the  same  was  taken,  Avas  siicli  notary  or  jus- 
tice, must  be  certified  by  the  clerk  of  some  court  of  record  in  the  county 
where  such  affidavit  was  taken,  under  the  seal  of  said  court. 

Such  an  athdavit  also  may,  and  any  affidavit  taken  in  a  foreign  country 
jiiust  be  authenticated  as  follows  :  1st.  It  must  be  certified  by  some  judge 
of  a  court  having  a  seal,  to  have  been  taken  and  subscribed  before  him, 
.specifying  the  time,  when  and  place  where  taken.  '2d.  The  genuineness  of 
the  signature  of  such  judge,  the  existence  of  the  court,  and  the  fact  that  such 
judge  is  a  member  thereof,  must  be  certified  by  the  clerk  of  the  court  under 
the  seal  tliereof. 

In  a  suit  brouglit  by  persons  claiming  as  partners,  an  affidavit  that  the 
plaintiffs  were  the  persons  composing  the  partnership  at  the  time  the  con- 
tract was  made  or  the  cause  of  action  accrued,  served  with  the  declaration 
or  original  process,  is  prima  facie  evidence  of  the  existence  of  the  partner- 
.ship,  unless  such  partnership  is  denied  by  the  defendant  under  oath.  So,  in 
41  suit  by  a  foreign  corporation,  such  an  affidavit  that  plaintiff  existed  as  such 
■corporation  untler  the  law  of  some  other  state,  territory  or  country  to  be 
specified,  at  the  time  the  contract  was  made  or  cause  of  action  accrued,  is 
prima  facie  evidence  of  the  existence  of  such  corporation.  So,  also  in  any 
action  on  account  where  an  affidavit  of  the  account  is  made  by  the  plaintiff, 
or  some  one  in  his  behalf,  and  a  copy  of  the  affidavit  and  account  is  served 
with  the  declaration  or  original  jn'ocess,  such  affidavit  is  prima  facie  evi- 
<lence  of  the  indebtedness,  unless  the  account  is  denied  by  the  defendant  un- 
der oath. 

State  of  ) 

County  of ^     ' 

-,  being  duly  sworn,  says  (that  he  is  a  member  of  the  fii'm  of  ■ 


of ,  which  said  firm  now  is,  and  at  the  time  cause  of  action  accrued, 

was  composed  of ,  and  deponent)  ;  that ,  of ,  is  justly  and 

truly  indebted  unto  deponent  (or  unto  said  firm),  upou  an  open  account  for 

goods  and  merchandise  sold  and  delivered  to  said by   dei>onent  (or 

said  firm),  in  the  sum  of  $ over  and  above  all  legal  set-ofis,  as  near  as 

deponent  can  estimate  the  same  ;  that  said  goods  and  merchandise  were  sold 

,  and  said  account  became  due ,  and  tliat  the  annexed 

is  a  true  copy  of  said  account.     Subscribed,  etc. 

Ten  days  are  allowed  to  intervene  between  the  date  of  the  affidavit  of  ac- 
count and  the  commencement  of  suit. 

Aliens. — May  acquire,  hold,  convey,  mortgage,  devise  or  bciiueath  pi'op- 
«rty  in  the  same  maimer  as  citizens.   • 

Arrest. — A  defendant  may  be  arrested  in  actions  for  moneys  collected  by 
liim  as  a  public  officer,  or  in  any  professional  employment,  and  in  all  cases 
for  fraud,  or  for  the  recovery  of  damages  for  torts.  Imprisonment  for  debt 
is  forbidden  in  other  cases.  No  female  can  be  arrested  in  a  civil  action. 
Summary  proceedings  are  provided  for  the  arrest  of  fraudulent  debtors. 

Assignments. — An  assignment  for  the  benefit  of  creditors,  must  be  of  all 
the  assignor's  property  not  exempt  from  execution,  and  be  without  prefer- 
ences. It  must  be  acknowledged,  and  within  ten  days,  it  or  a  duplicate,  a 
sworn  inventory  of  the  assigned  property  and  list  of  the  assignor's  creditors, 
and  a  proper  bond  by  the  assignee  in  double  the  amount  of  the  inventory, 
must  be  filed  with  the  county  clerk.  The  assignee  is  required,  within  ten 
days  after  the  assignment,  to  give  notice  thereof  personally  or  by  mail,  to 
creditors,  and  creditors  are  required  to  prove  their  debts  within  ninety  days 
thereafter,  by  affidavit  to  be  filed  in  said  clerk's  office.  This  affidavit  must 
state  the  actual  amount  unpaid  and  owing,  the  actual  consideration  thereof, 
when  the  same  was  contracted,  and  when  tlie  same  became  or  will  become 
due  ;  whether  any  and  what  securities  are  held  therefor  ;  whether  anj^  and 


420  MICHIGAN. 

what  payments  have  been  made  thereon  ;  that  the  sum  claimed  is  justly  due 
from  the  assignor  to  the  claimant ;  and  that  the  claimant  has  not,  nor  has 
any  other  person,  for  his  use,  received  any  security  or  satisfaction  whatever 
other  than  that  by  him  set  forth.  The  assignee  must  proceed  to  distribute 
the  estate  as  soon  after  ninety  days  as  practicable,  without  reference  ta 
claims  not  proved  when  dividends  are  paid.  He  is  also  required  to  make 
quarterly  reports  of  the  condition  of  the  estate,  and  of  moneys  received  and 
disbursed  by  him.  The  circuit  court  in  chancery  of  the  proper  county  has 
general  supervisory  control  of  the  assignment  proceedings,  and  fixes  the 
compensation  of  the  assignee. 

A  new  assignment  law  was  passed  in  1883,  but  the  court  held  it  unconsti- 
tutional. 

AttacllinentS. — In  courts  of  record,  attachment  proceedings  may  be  had 
against  a  defendant's  property  when  it  appears  by  the  affidavit  of  the  plain- 
tiff or  some  one  in  his  behalf,  that  the  defendant  is  indebted  to  the  plaintiff  in 
an  amount  to  be  specified  "as  near  as  may  be  over  and  above  all  legal  set-offs" 
(which  amount  must  exceed  one  hundred  dollars),  and  that  the  deponent 
knows  or  has  good  reason  to  believe  either.  1st.  That  the  defendant  has 
absconded,  or  is  about  to  abscond  froTJii  this  state,  or  is  concealed  therein  to 
the  injury  of  his  creditors  ;  or,  2d.  That  iie  has  assigned,  disposed  of,  or 
concealed  any  of  his  property,  or  is  about  to  do  so,  with  intent  to  defraud 
his  creditors,  or,  3d.  That  he  has  removed,  or  is  about  to  remove,  any  of  his 
property  out  of  this  state  with  intent  to  defraud  his  creditors  ;  or,  4th.  That 
he  fraudulently  contracted  the  debt ;  or,  5th.  That  the  defendant  is  not  a 
resident  of  this  state;  and  has  not  resided  therein  for  three  months  imme- 
diately preceeding  the  time  of  making  of  such  affidavit ;  or,  6th.  That  the 
defendant  is  a  foreign  corporation. 

In  justice's  courts  proceedings  by  attachment  lie  when  it  appears  by  like 
affidavit  either,  1st.  That  the  defendant  has  assigned,  disposed  of  or  con- 
cealed any  of  his  property,  or  is  about  to  do  so,  with  intent  to  defraud  his 
creditors  :  or,  2d.  That  he  is  about  to  remove  any  of  his  property  from  the 
county  where  he  resides  or  suit  is  commenced,  with  like  intent,  or  that  he 
has  removed  or  is  about  to  remove  himself  or  his  property  from  the  county, 
and  refuses  or  neglects  to  pay  or  secure  the  payment  of  the  debt ;  or,  3d. 
That  he  fraudulently  contracted  the  debt  or  incurred  the  obligation  respect- 
ing which  the  suit  is  brought ;  oi",  4tli.  That  he  has  absconded  to  the  in- 
jury of  his  creditors,  or  does  not  reside  in  this  state,  and  has  not  resided 
therein  for  one  month  immediately  preceding  the  commencement  of  suit ;  or, 
5th.  That  the  defendant  is  a  foreigiir  corporation. 

Actions  of  tort  against  non-resident  defendants  may  also  be  commenced 
by  attachment. 

The  affidavit  must  not  be  in  the  alternative.  Not  more  than  one  day  must 
elapse  between  the  date  of  the  jurat  and  that  of  the  attachment  writ,  unless 
the  affiant  is  a  resident  of  another  county  in  Michigan.  In  the  latter  case 
one  day  may  be  allowed  for  every  thirty  miles  between  the  affiant's  residence 
and  the  place  of  issuing  the  writ.  Writs  of  attachment,  on  filing  the  proper 
affidavit,  may  issue  at  the  commencement,  or  during  the  progress  of  the 
cause. 

The  effect  of  an  attachment  is  to  hold  the  property  until  judgment  can  be 
(jbtained  and  an  execution  issued  and  levied.  The  defendant  however,  may 
have  the  property  returned  by  giving  a  bond  to  pay  the  judgment,  etc. 

Banks  and  Banking. — Any  number  of  persons  may  associate  to  establish 
offices  of  discount,  deposit  and  circulation.  The  aggregate  amount  of  the 
capital  stock  shall  not  be  less  than  fifty  thousand  dollars  :  three-fourths  of 
it  may  be  invested  in  public  stocks,  as  security  for  circulation,  of  the  United 
States,  Michigan,  New  York,  either  of  the  New  England  states,  Pennsyl- 
vania, Indiana,  Illinois,  Ohio  or  Kentucky.  These  are  to  be  deposited  with 
the  state  treasurer  to  secure  circulation,  which  may  be  equal  to  100  per  cent, 
of  the  securities  transferred  to  the  state  treasurer,  who  shall  take  such  stock 


MICHIGAN.  421 

at  not  more  than  ninety-five  percent,  of  their  par  value  nor  more  than  ninety- 
five  per  cent,  of  their  current  market  value.  The  circulation  is  redeemed  by 
state  treasurer  with  funds  deposited.  A  bank  cannot  take  its  own  stock  as 
security  for  loan,  nor  can  it  purchase  such  stock  save  in  exceptional  cases. 

Such  a  bank  is  a  body  corporate,  with  all  the  powers  and  liabilities  of  a 
corporation.  Process  may  be  served  on  its  president  or  cashier  or  by  leavin<r 
attested  copy  during  banking  hours,  at  the  banking  house,  with  the  teller  or 
clerk  or  other  officer  of  the  bank. 

The  capital  stock  and  number  of  shares  may  be  increased  at  any  time  by 
filing  certificates  of  such  action  with  register  of  deeds  of  county  and  the  sec- 
rjtary  of  state. 

Banks  may  hold  such  real  estate  as  may  be  necessary  for  immediate  ac- 
commodation in  transaction  of  their  business;  such  as  shall  be  mortgaged  to 
it  as  security  for  loans  ;  such  as  shall  be  conveyed  to  it  in  satisfaction  ol' 
debts  previously  contracted  ;  and  such  as  it  shall  purchase  at  sales  under 
judgments,  decrees  or  mortgages  held  by  it. 

Banks  formed  under  state  law  are  at  all  times  subject  to  inspection  and 
supervision  of  state  treasurer. 

Officers  and  stockholders  are  individually  liable  for  all  debts  contracted 
during  their  being  officers  or  stockholders,  equally  and  ratably,  to  the  extent 
of  their  respective  shares  of  stock  in  such  banks. 

Savings  Batiks  :  Any  number  of  persons,  not  less  than  five,  may  form  sav- 
ings banks  with  a  capital  stock  of  not  less  than  §35,000,  in  cities  or  villages  of 
20.000  inhabitants,  or  under,  and  $50,0U0  in  cities  of  over  20,000  inhabitants. 
Three-fifths  of  the  capital  stock  shall  be,  and  the  balance  shall  be  paid  in 
within  one  year  ;  the  business  and  property  shall  be  managed  by  a  board  of 
directors  and  trustees,  of  not  less  than  five,  all  of  whom  shall  be  stock- 
holders. Such  banks  may  receive  money  on  deposit,  to  be  repaid  on  de- 
mand, with  such  interest,  at  such  times  and  under  such  regiilations  as  the 
board  of  directors  shall  prescribe.  In  case  of  insolvency  the  savings  depos- 
itors shall  be  entitled  to  a  preference  over  all  other  creditors. 

The  legislature  of  1887,  passed  an  act  entitled  "  An  act  to  revise  the  laws 
authorizing  the  business  of  banking,  and  to  establish  a  banking  department 
for  the  supervision  of  such  business.''  This  repeals  all  acts  inconsistent 
with  its  provisions,  and  is  to  be  submitted  for  the  vote  of  the  i)eople  of  the 
state  at  the  next  general  election,  and  is  to  go  into  effect  within  sixty  days 
after  such  election,  provided  a  majority  of  votes  cast  shall  be  in  favor  of  its 
adoption. 

Bills  of  Exchange  and  Promissory  Notes.— All  notes  in  writing,  made 
and  signed  by  any  person,  whereby  he  shall  promise  to  pay  any  other  person, 
or  his  order,  or  the  order  of  any  other  person,  or  unto  the  bearer,  any  sum  of 
money  therein  mentioned,  shall  be  due  and  payable  as  expressed  ;  and  shall 
have  the  same  effect,  and  be  negotiable  in  like  manner  as  inland  bills  of  ex- 
<;hange,  according  to  the  custom  of  merchants. 

On  all  bills  of  exchange  payable  at  sight,  or  at  a  future  day  certain,  on  all 
negotiable  promissory  notes,  orders  or  drafts  payable  at  a  future  day  certain, 
within  this  state,  where  there  is  no  stipulation  to  the  contrary,  grace  is  allow- 
ed. It  is  not  allowed  on  any  bill  of  exchange,  note  or  draft  payable  on  de- 
mand, or  on  any  draft,  bill  of  exchange,  or  check  drawn  upon  any  bank. 

An  acceptance  must  be  in  writing. 

The  guaranty  of  the  payment  or  the  collection  of  any  promissory  note  is 
negotiable,  whether  it  is  endorsed  on  the  note  or  written  or  printed  on  a  sep- 
arate paper. 

If  the  last  day  of  grace  falls  on  Sunday  or  a  holiday,  the  previous  shall  be 
held  as  the  last  day  of  grace. 

Chattel  Mortgages.— A  chattel  mortgage,  before  foreclosure,  does  not 
<'iinvey  the  title  of  the  i)roperty.  The  mortgagee  has  merely  a  lien  for  the 
ilebt.     The  title  of  the  mortgagee  may  be  sold  on  execution. 


422  MICHIGAN. 

A  chattel  mortgage  or  any  conveyance  intended  to  operate  as  such,  is  void 
as  against  creditors,  and  as  against  subsequent  purchasers  or  mortgagees  iu 
good  faith,  unless  there  is  immediate  delivery  and  actual  and  continued 
change  of  possession  of  the  mortgaged  chattels,  or  unless  the  mortgage  or  a 
copy  is  filed  in  the  clerk's  office  of  the  township  or  city  in  which  the  mort- 
gagor resides,  of  the  township  or  city  where  the  property  is. 

Such  mortgage  also  ceases  to  be  valid  as  against  said  parties  after  one 
year  from  filing,  unless  before  the  lien  of  such  creditor  or  subsequent  mort- 
gagee be  acquired,  or  before  such  purchase,  the  mortgagee,  his  agent  or  at- 
torney makes  and  attaches  to  the  mortgage  or  copy  on  file,  an  affidavit 
showing  his  interest  in  the  property  by  virtue  of  said  mortgage.  Such  re- 
newals must  be  made  yearly. 

A  chattel  mortgage  may  be  made  to  cover  after  acquired  property.  A 
proviso  allowing  the  mortgagor  to  sell  in  the  ordinary  course  of  trade  does 
not  invalidate  the  mortgage. 

Claims  against  the  Estates  of  Deceased  Persons  .—When  administration 
of  an  estate  is  granted,  the  probate  court  may  and  generally  does  appoint 
commissioners  to  receive  and  adjust  all  claims  against  the  deceased,  or  these 
commissioners  may  be  appointed  subsequently  at  any  time.  The  court  al- 
lows in  the  first  instance  not  less  than  six  nor  more  than  eighteen  months  iu 
which  to  prove  debts,  but  may  extend  the  time  to  not  exceeding  two  years. 
in  all.  The  court  may  itself  hear  claims  and  may  at  any  time  before  the 
estate  is  closed,  revive  the  commission  on  the  application  of  a  creditor  who 
has  failed  to  present  his  claim.  The  commissioners  publish  notice  of  their 
meetings. 

Conditional  Sales  of  Personal  Property.— Are  good  as  against  the  vendee 
and  third  parties,  whether  bona  fide  purchasers  or  not. 

Corporations. — Corporations,  except  for  municipal  purposes,  must  be 
formed  under  general  laws,  and  cannot  be  created  by  special  act.  No  cor- 
poration, except  for  municipal  purposes,  or  for  the  construction  of  railroads, 
})lankroads,  or  canals,  can  be  created  for  a  longer  time  than  thirty  years. 
The  state  cannot  subscribe  for  or  own  stock  in  a  corporation. 

Costs. — Security  for  costs  must  be  furnished  by  non-resident  plaintiffs. 

Courts. — Terms  and  Jurisdiction  : 

The  su2')reme  court  has  general  superintending  control  over  inferior  courts, 
and  has  power  to  issue  writs  of  error,  habeas  corpus,  mandamus,  and  other 
original  and  remedial  writs,  and  to  hear  and  determine  the  same.  In  other 
cases  it  has  appellate  jurisdiction  only.  It  reviews  law  cases  only  upon 
questions  of  law;  in  equity  cases  it  reviews  both  law  and  fact.  It  is  composed 
of  four  judges.  The  term  of  office  is  eight  years,  one  judge  being  elected  every 
two  years.  The  office  of  chief  justice  is  rotary,  each  judge  holding  it  during 
the  last  two  years  of  his  term.  Four  terms  a  year  are  held — in  Januaxy, 
April,  .June  and  October. 

The  state  is  divided  into  twenty-eight  judicial  circuits,  in  each  of  which  is 
a  circuit  judge,  except  the  circuit  comprising  Wayne  county ,  which  has  thice- 
judges.  The  term  of  office  is  six  years.  The  circuit  courts  have  a  substan- 
tially general  original  jurisdiction  at  law  and  in  equity,  and  ai)pellate  juris- 
diction from  inferior  courts  and  a  supervisory  control  of  the  same.  Appeals 
lie  directly  from  the  circuit  courts  to  the  supreme  court. 

Each  county  has  a  prolate  court  which  has  jurisdiction  of  the  administra- 
tion of  the  estates  of  deceased  persons  and  of  estates  under  guardianship. 
Appeal  lies  to  the  circuit  court  of  the  county. 

Justices''  courts  have  exclusive  jurisdiction  to  the  amount  of  $100  in  ac- 
tions upon  contract,  and  concurrent  jurisdiction  with  the  circuit  courts  iiL 


MICHIGAN.  423 

such  actions  to  the  amount  of  s:300.  In  most  actions  founded  on  tort,  they 
have  jurisdiction  to  the  amount  of  $100.  Appeal  lies  to  the  circuit  court  of 
the  ccninty. 

The  city  of  Grand  Rapids  has  a  superior  court,  having  generally  the  same 
original  jurisdiction  in  civil  matters  within  the  corporate  limits  as  a  circuit 
court. 

Court  Calendar : 

UNITED  STATES  CIRCUIT  COURT. 

Associate  Justice  0/  t?ie  Supreme  Court.— Stanley  Matthews,  of  Ohio.  Circuit  Jvdyc. 
—Howell  E.  Jackson,  of  Jackson,  Teiin. 

EaMern  District.    District  Jmlffc— Henry  B.  Brown.    C/erA;.— Walter  Harsha. 

Terms. — 1st  Tuesday  of  March,  June  and  November. 

Westei-n  Dittrict.  District  Judge— Henry  F.  Severens,  Kalamazoo,  Mich.  Clerk.- 
H.  M.  Hinsdill. 

Terms. — 1st  Monday  in  March  and  October. 

SUPREME    COURT. 

Chief  Justice. — James  V.  Campbell,  of  Detroit.  Associate  Justices. — Thomas  R.  Sher- 
wood, of  Kalamazoo ;  John  W.  C'hampliu,  of  Grand  Rapids ;  Allen  B.  Morse,  of  lona. 
C/rcA-.— Charles  C.  Hopkins,  of  Lansing. 

The  court  holds  four  terms  annually  in  Lansing,  commencing  on  the  1st  Tuesday 
after  the  1st  Monday  in  January,  April,  June  and  October. 

THE  SUPERIOR  COURT  OF  GRAND  RAPIDS. 

Judge.— ls&a.e  H.  Parrish.    CTerfc— Charles  Rathburn. 
Terms.— 'Id  Monday  of  March,  ^lay,  September  and  December. 

CIRCUIT  COURTS. 

County.  County  Seat.    Circuit.  Terms  Begin. 

Alcona Harrisville    .  .    2:5  1st  Tues.  Feb.  and  June,  8rd  Tues.  Oct. 

Alger Alger 11  1st  Tucs.  June  and  November. 

Allegan  .  .  .  .Allegan  ....  20  4th  Mon.  P'eb.,  1st  Mon.  June,  Dec.  and  Oct. 
Alpena  .  .  .  .Alpena  ....  26  2d  Tues.  Feb.,  .\ug.,lst  Tues.  May  and  Nov. 
Antram   ....  Bellaire    ....    13  2d  Tues.  Nov.  and  March,  1st  Tues.  May. 

Arenac     ....  Otner 18  3d  Tues.  Feb.  and  Aug. 

Baraga L'Anse     ....    12  1st  Tues.  Jan.,  June  aiid  Oct. 

Barry Hastings     .   .   .     5  3d  Mon.  Feb.,  2d  :Mon.  May,3d  Mon.  Aug.,  2dMon. 

November. 

Bay Bay  City  .  .   .  .    18  1st  Tuesday  March,  June,  Sept.  and  Dec. 

Benzie Benzonia    .   .   .    28  2d  Tues.  Jan.,  3rd  Tues.  June. 

Berrien    .   .   .   .  Berrien  Springs     2  3d  Mon.  Jan.,  Oct.,  2d  Mon.  April,  1st  Mon.  June 
Branch     .   .   .   .  Culdwater  .  .   .    1.5  1st  Mon.  May,  Dec,  3d  Mon.  June,  4th  Mon.  Se))t. 
Calhoun  .   .   .   .Marshall     ...     5  2d  Mon.  March,  1st  Mon.  June,  2d  Mon.  Sept.,  1st 

Mon.  Dec. 
Cass    ...      .  .  Cassopolis  ...     2  1st  Mon.  Mar.,  Dec,  3d  Mon.  May,  4tli  Mon.  Sept. 
Charlevoix    .  .Charlevoix    .  .    13  3d  Tues.  Nov.,  4th  Tues.  Feb.  and  May. 
Cheboj'gan    .   .  Chebovgan     .   .    13  4th  Tues.  Jan.,  2d  Tues.  April,  4th  Tues.  Oct. 
Chippewa  .  .  .  SaultSte.  Marie   11  1st  Tues.  Feb.,  2d  Tues.  May,  4th  Tues.  Sept. 

Clare Harrison     ...    21  2d  Mon.  Feb.,  1st  ^^on.  May  and  Nov. 

Clinton  .  .  .  .  St.  John  ....  8  1st  Mon.  Jan.,  April  and  Oct..  3d  Mon.  June. 
Crawford    .   .   .  (iravling     .  .   .    23  2d  Tues.  Fel).  and  June,  4th  Tues.  Oct. 

Delta     Escunaba   .  .  .    i5  l.'^t  Mon.  .Ian.,  2d  fues.  May,  1st  Mon.  Oct. 

Eaton Charlotte    .   .   .     .5  3d  Mon.  Jan.,  April,  July  and  Oct. 

Emmet    .  .   .   .  Harbor  Spr'gs  .    13  1st  Tucs.  Feb.  and  June,  4th  Tues.  Oct. 

(ienesee   .  .  .  .Flint 7  4th  Mon.  Feb.  and  May,  3d  Mon.  Aug.  and  Nov. 

(iladwin     .  .   .Gladwin     .  .  .    21  4tli  Mon.  .Ian.  and  .lune,  3d  Mon.  Sept. 
Gr'nd  Traverse  Traverse  City  .    13  2d  Tues.  Jan.,  1st  Tues.  April  and  Oct. 

Gratiot     .  .  .  .  Ithica 21  2d  Tues.  March  and  Oct.,  1st  Tues.  June  and  Dec. 

Hillsdale  .  .  .  Hill.sdale  ...  1  1st  Tues.  March.  2d  Tues.  May,  Oct.  and  Dec. 
Houghton  .  .   .  Houghton  ...    12  4th  Tues.  Jan.,  3d  Tues.  May,  July  and  Nov. 

Huron Bad  Axe     .  .   .    24  1st  Tues.  Jan.,  March  and  June,  4th  Tues.  Sept. 

Ingham   .   .   .   .Mason 4  1st  Mon.  Mar..  ."Id  Mon.  Oct.  at  Lansing.    3d  Mon. 

M.ay,  3d  Mon.  Dec.  at  Mason. 

lona lona 8  1st  Mon.  Feb.,  May,  Sept.  and  Nov. 

Iosco     TawasCity    .   .    2;^  4th  Tues.  Jan.  May  aud.Iuly,  next  to lastTus.  Sept. 

Iron Iron  River  .   .   .    25  2d  Tues.  Jan.,  4th  Wed.  June,  3d  Wed.  Nov. 

Isabella    .  .   .   .  Mt.  Pleasant    .    21  4th  Mon   Feb.,  3d  Mon.  May,  Nov.,  1st  Mon.  Sept. 

Isle  Royal  .  .  .  Minong    ....    12  2d  Mon.  Feb.  and  Aug. 

Jackson  .  .  .  .Jackson  ....     4  3rd  Mon.  Jan.,  2d  Mon.  April,  2d  Mon.  Sept.,  3d 

Mon.  Nov. 
Kalamazoo    .   .Kalamazoo    .   .     !)  3i-d   Mon.  February,  1st  JI<jn.  .lune  and  Oct.,  2d 

Mon  Dec. 
Kalkaska   .  .  .Kalkaska   .  .  .    28  4th  Tues.  Jan.,  1st  Tues.  June  and  Sept. 


424 


MICHIGAN. 


County. 

Kent  .... 
Keweenaw 
Lake  .  .  . 
Lapeer  .  . 
Leelenaw  . 
Lenavee  .  . 
Livingston 
Mackinac 
Macomb  .  . 
Manistee    . 

Manitou  .  . 
Marquette  . 


Mason  .  .  . 
Mecosta  .  . 
Menominee 


County  Seat.    Circuit. 


Terms  Begin. 


Midland  .  . 
Missaukee .  . 
Monroe  .  .  . 
Montcalm  .  . 
Montmorency 
Muskegon  .  . 
Newaygo  .  . 
Oakland  .  . 
Oceana  .  .  . 
Ogemaw  .  .  . 
Ontonogon  . 
Osceola    .  .  . 


.  Grand  Rapids  , 
.  Eagle  River  .  . 
.  Baldwin  .  .  , 
,  Lapeer  .  .  .  .  , 
,  North  port  .  .  , 
.  Adrian  .  .  .  . 
.  Howell  .  .  .  . 
,  Mackinac  .  .  . 
,  Mt.  Clemens  , 
,  Manistee     .  .   . 

.  St.  James    .  .   . 
Marquette      .   . 

Ludington     .  . 

.  Big  Rapids     .  . 

Menominee  .  . 

,  Midland  .  .   .   . 

Lake  City  .  .   . 

Monroe  .  .  .  . 
,  Stanton   .   .   .  . 

Hillman  .  .  .   . 

Muskegon  .   .   . 

Newaygo    .  .   . 

Pontiac    .  .   .   . 

Hart 

West  Branch    . 

Ontonogon  .  . 
,  Hersey 


Oscoda Indian  Lake 


Otsego  .  .  .   . 
Ottawa     .  .   , 
Presque  Isle  , 
Roscommon 
Saginaw  .  .   , 
St.  Clair   .  .  , 
St.  Joseph  .  . 
Sanilac    .  .   , 
Schoolcraft 
Shiawassee    . 
Tuscola    .  .   , 
Van  Buren    . 
Washtenaw 
Wayne ... 
Wexford  .  .  , 


Gay  lord   .  .  .  . 
.  Grand  Haven 
,  Rogers  City  . 
.  Roscommon 
.  Saginaw  .  .  . 
,  Port  Huron  . 
.  Centreville    . 
.  Lexington  .  .  . 
.  Manistique    . 
,  Coruuna  .  .  .  , 
,  Caro 

Paw  Paw    .  .   , 
.  Ann  Arbor    . 
.  Detroit     .   .   . 
.  Sherman     .  . 


1st  INIon.  March,  May  and  Dec,  4th  Mon  Sept. 

•Srd  Tues.  Jan.,  2d  Tues.  June  and  Oct. 

1st  Mon.  Jan.  and  Nov.,  2d  Mon.  April,  4th  June. 

2d  Mon.  Jan.,  March,  July  and  Nov. 

4th  Tues.  Nov.  and  2d  Tues.  May. 

od  Tues.  Jan.,  1st  Tues.  Apr.,  Sept.,  2d  Tues.  Nov. 

2d  Tues.  Jan.  and  Oct.,  3d  Mon.  April  and  June, 

:M  Tues.  Feb.,  2d  Tues.  June  and  Oct. 

3d  Mon.  Jan..  April,  Aug.  and  Oct. 

3d  Monday  Feb.  and  May,  4th  Monday  July,  2d 

Monday  November. 
4th  Tues.  June  and  Oct. 
1st  Wed.  April,  4th  Tues.  May,  Srd  Wed.  Sept.,  1st 

Wed.  Dec. 
3d  Mon.  Jan.,  Aug.,  1st  Mon.  May,  3d  Mon.  Oct. 
1st  Tues.  Jan.,  March,  June  and  October. 
Last  Mon.  Mar.,  3d  Tues.  June,  1st  Tues.  Sept.,  4th 

Mon.  Nov. 
2d  Mon.  Jan.,  3d  Mon.  April,  4th  Mon.  April. 
1st  Tues.  Jan.,  2nd  Tues  June. 
1st  Mon.  Feb.,  April  and  Nov.,  2d  Mon.  Sept. 
1st  Mon.  March,  June  and  Dec  ,  2d  Mon.  Sept. 
Srd  Tues.  May  and  Sept. 

3d  Mon.  Jan.  and  May,  1st  Mon.  Oct. and  Dec. 
1st  Tues  Feb.,  May,  Sept.  and  Dec. 
1st  Mon.  Feb.,  May,  Oct.  and  Dec. 
3d  Mon.  Feb  ,  Aug.  and  Nov.,  1st  Mon.  May. 
Srd  Tues.  Feb.  and  June,  last  Tues.  Sept. 
2d  Mon.  Jan.,  3d  Tues.  June,  Srd  Mon.  Oct. 
1st  Mon.  Feb.,  3d  Mon.  April,  2d  Mon.  July,  4th 

Mon.  Nov. 
Friday  next  after  3d  Tues.  Feb.  and  June,  Friday 

next  after  last  Tuesday  of  September. 
Srd  Tues.  Jan.  and  June,  1st  Tues  Oct. 
2d  Mon.  Jan.,  4th  Mon.  Mar.,  1st  Mon.  Aug.,  Nov. 
2d  Tues.  Jan.,  June  and  Oct. 
.3rd  Tues.  Jan.,  4th  Tues.  May,  5th  Tues.  Aug. 
2d  Tues   Feb.,  May,  3d  Tues.  Sept.,  1st  Tues.  Dec. 
3d  Mon.  Feb.,  May,  Sept.  and  Nov. 
3d  Mon.  Jan.,  July,  2d  Mon.  Apr.,  4th  Mon.  Oct. 
3d  Tues.  Jan.  and  April,  4th  Tues.  June  and  Oct. 
Sd  Tues.  Jan.,  2d  Tues.  July. 
1st  Mon  Feb.  and  May,  2d  Mon.  Sept.  and  Dec. 
1st  Mon.  Feb.,  May,  Sept.  and  Dec. 
Srd  Mon.  Jan.,  1st  Mon.  May,  2d  Mon.  Sept.,  Nov. 
1st  Tues.  March,  May,  Oct.  and  Dec. 
1st  Tues.  Jan.,  March,  Mav,  Srd  Tues.  Sept.,  Nov. 
1st  Tues.  Feb.,  3d  Tues.  May  and  Nov.,  4th  Tues. 
•    August. 


Curtesy. — There  is  no  estate  by  curtesy. 

Deeds  and  Mortgages. — A  conveyance  of  lands  executed  within  the  state 
to  be  entitled  to  record  must  be  si;.;ned,  sealed  (a  scroll  is  sufficient),  wit- 
nessed by  two  witnesses  and  acknowledged.  The  acknowledgment  may  be 
before  any  judge  or  commissioner  of  a  court  of  record,  notary  public  or  jus- 
tice of  the  peace. 

If  executed  in  any  other  state,  territory  or  district  of  the  United  States,  it 
may  be  executed,  1st,  before  a  commissioner  for  Michigan  ;  or,  2d,  it  may  be 
executed  according  to  the  laws  or  such  state,  territory  or  district,  and  the 
execution  thereof  may  be  acknowledged  before  any  judge  of  a  court  of  rec- 
ord, notary  public,  justice  of  the  peace,  master  in  chancery,  or  other  officer 
authorized  by  the  laws  of  such  state,  etc.,  to  take  the  acknowledgment  of 
deeds  therein.  And  in  such  cases  the  deed  shall  have  attached  to  it  a  certifi- 
cate of  the  clerk  or  other  proper  certifying  officer  of  the  court  of  record  of 
the  county  or  district,  or  of  the  secretary  of  state,  of  the  state  or  territory 
within  which  such  acknowledgment  was  taken,  under  the  seal  of  his  office, 
that  the  person  whose  name  is  subscribed  to  the  certificate  of  acknowledg- 
ment was  at  the  date  thereof  such  officer  as  he  is  thereon  represented  to  be, 
and  that  he  believes  the  signature  of  such  person  to  such  certificate  of  ac- 
knowledgment to  be  genuine,  and  that  the  deed  is  executed  and  acknowl- 
edged according  to  the  Jaws  of  such  state,  territoiy  or  district. 


MICHIGAN.  42-5 

If  executed  in  any  foreign  country,  such  deed  may  be  executed  according 
to  the  laws  of  such  country,  and  the  execution  thereof  may  be  acknowledged 
before  any  notary  public  therein,  or  before  any  minister,  charge  de'  affaires, 
commissioner  or  consul  of  the  United  States,  appointed  to  reside  therein  ; 
which  acknowledgment  shall  be  certified  thereon  by  the  officer  taking  the 
same  under  his  hand,  and  if  taken  before  a  notary  public,  his  seal  of  office 
shall  be  affixed  to  such  certificate. 

A  quit-claim  deed  is  sufficient  to  pass  all  of  the  estate  which  the  grantor 
could  convey  by  deed  of  bargain  and  sale. 

The  words  "  heirs  and  assigns  of  the  grantee  "  are  not  necessary  to  create 
in  the  grantee  an  estate  of  inheritance  ;  if  it  be  the  intention  of  the  grantor 
to  convey  any  lesser  estate,  it  must  be  so  expressed  in  the  deed. 

No  covenant  is  implied  in  a  conveyance  of  real  estate.  A  conveyance  of 
lands  held  adversely  is  good. 

A  husband  need  not  join  in  the  conveyance  of  his  wife's  property.  The 
acknowledgment  of  a  married  woman  to  a  deed  is  taken  in  the  same  manner 
as  if  she  were  sole.  A  homestead  cannot  be  mortgaged  (except  for  the  pur- 
chase price)  or  deeded  by  the  husband  without  the  signature  of  the  wife. 

An  unrecorded  deed  or  mortgage  is  void  as  against  a  subsequent  jjurchaser 
or  mortgagee  in  good  faith  for  a  valuable  consideration,  whose  deed  or  mort- 
gage shall  be  first  recorded. 

Notice  to  the  mortgagor  of  the  assignment  of  a  mortgage  is  necessary  to 
invalidate  payments  subsequently  made  by  him  in  good  faith  to  the  mort- 
gagee.    The  record  of  the  assignment  is  not  sufficient. 

Short  Forms  under  law  of  1S81. — Any  conveyance  of  lands  worded  in  sub- 
stance as  follows  : 

A.  B.  conveys  and  warrants  to  C.  D.  (here  describe  the  premises),  for  the 
sum  of  (here  insert  the  consideration),  the  said  conveyance  being  dated,  and 
duly  signed,  sealed  and  acknowledged  by  the  grantoi',  shall  be  deemed  and 
held  to  be  a  conveyance  in  fee  simple  to  the  grantee,  his  heirs  and  assigns, 
with  covenant  from  the  grantor  for  himself  and  his  heirs  and  personal  rep- 
resentatives, that  he  is  lawfully  seized  of  the  premises,  has  good  right  to 
convey  the  same,  and  guarantees  the  quiet  possession  thereof ;  that  the  same 
are  free  of  all  incumbrances  and  that  he  will  warrant  and  defend  the  title 
to  the  same  against  all  lawful  claims. 

Any  conveyance  of  land  worded  in  substance  as  follows  ;  A.  B.  quit- 
claims to  C.  D.  (here  describe  the  premises)  for  the  sum  of  (here  insert  the 
consideration),  the  said  conveyance  being  duly  signed,  sealed  and  acknowl  • 
edged  by  the  grantor,  shall  be  deemed  to  be  a  good  and  sufficient  conveyance 
in  quit  claim  to  the  grantee,  his  heirs  and  assigns. 

Any  mortgage  of  lands  worded  in  substance  as  follows  :  A.  B.  mortgages 
and  warrants  to  C.  D.  (here  describe  the  premises)  to  secure  the  repayment 
of  (here  recite  the  sum  for  which  the  mortgage  is  granted,  or  the  notes  or 
other  evidences  of  debt,  or  a  description  thereof  sought  to  be  secured,  also 
the  date  of  repayment),  the  said  mortgage  being  dated  and  duly  signed, 
sealed,  acknowledged  by  the  grantor,  shall  be  deemed  and  held  to  be  a  good 
and  sufficient  mortgage  to  the  'grantee,  his  heirs,  assigns,  executors  and  ad- 
ministrators, with  warranty  from  the  grantor  and  his  legal  representatives, 
of  perfect  title  in  the  grantor  and  against  all  previous  incumbrances.  And 
if  in  the  above  form  the  words  "and  warrant"  be  omitted,  the  mortgage 
shall  be  good  but  without  warranty. 

The  following,  or  any  other  form  substantially  the  same,  shall  be  a  good 
or  sufficient  form  of  acknowledgment  of  any  deed  or  mortgage  : 

Before  me,  E.  F.  (a  judge,  justice  of  the  peace,  commissioner  or  notary 

public,  as  the  case  may  be)  this day  of ,  A.  B.  acknowledged  the 

execution  of  the  annexed  deed  (or  mortgage);  provided,  that  the  sign- 
ing, sealing,  and  delivering  of  every  such  deed  and  mortgage  shall  be  wit- 
nessed by  two  persons  who  shall  subscribe  their  names  thereto. 

Descent  of  Real  Estate. — Subject  to  the  payment  of  debts  in  the  follow- 
ing manner :    1.  In  equal  shares  to  children,  and  to  the  issue  of  any  deceased 


426  MICHIGAN. 

child  by  right  of  representation.  If  there  be  no  child  living,  to  other  lineal 
descendants,  and  if  all  said  descendants  are  in  the  same  degree  of  kindred  to  the 
intestate,  they  share  equally,  otherwise  according  to  representation.  3.  If 
there  be  no  issue,  to  the  widow  for  life,  and  after  her  death,  to  the  father 
and  mother  in  equal  shares,  and  if  there  be  no  mother,  to  the  father  alone. 
If  there  be  no  issue  nor  widow,  to  the  father  and  mother  in  equal  shares,  and 
if  there  be  no  mother,  to  the  father  alone.  3.  If  there  be  no  issvie,  widow  or 
father,  one-half  to  the  mother,  and  the  remainder  in  equal  shares  to  the  bro- 
thers and  sisters,  and  to  the  children  of  any  deceased  brother  or  sister  by 
right  of  representation.  4.  If  there  be  no  issue,  widow,  father,  brother,  nor 
sister,  to  the  mother  to  the  exclusion  of  the  issue,  if  any  of  deceased  bro- 
thers or  sisters.  5.  If  there  be  no  issue,  widow,  husband,  father,  mother, 
brother,  nor  sister,  to  the  next  of  kin  in  equal  degree,  excej^ting  that  when 
there  are  two  or  more  collateral  kindred  in  equal  degree  but  claiming  through 
diflerent  ancestors,  those  who  claim  through  the  nearest  ancestor  shall  be 
preferred  to  those  claiming  through  an  ancestor  more  remote  ;  provided  how- 
ever, 6.  If  any  person  shall  die  leaving  several  children,  or  leaving  one  child 
and  the  issue  of  one  or  more  other  children,  and  any  such  surviving  child 
shall  die  under  age,  and  not  having  been  married,  all  of  the  estate  that  came 
to  the  deceased  child  by  inheritance  from  such  deceased  parent,  shall  descend 
in  equal  shares  to  the  other  children  of  the  same  parent,  and  to  the  issue  of 
any  such  other  children  who  shall  have  died,  by  light  of  representation.  7. 
If  at  the  death  of  such  child  who  shall  die  under  age,  and  not  having  been 
married,  all  the  other  children  of  his  said  parent  shall  also  be  dead,  and  any 
of  them  shall  have  left  issue,  the  estate  that  came  to  said  child  by  inheritance 
from  his  said  parent,  shall  descend  to  all  the  issue  of  other  children  of  the 
same  parent ;  and  if  the  said  issue  are  in  the  same  degree  of  kindred  to 
said  child,  they  shall  share  the  said  estate  equally,  otherwise  they  shall 
take  according  to  the  right  of  representation.  8.  If  there  be  a  widow  and 
no  kindred,  all  to  the  widow. 

If  there  be  no  wife  or  kindred,  the  estate  escheats  to  the  people  of  the 
state  for  the  use  of  the  primary  school  fund. 

Descent  of  Personal  Property. — To  the  widow,  all  her  wearing  apparel 
and  her  ornaments,  and  those  of  the  deceased,  the  household  furniture  not 
exceeding  $250,  and  also  $200  worth  of  other  property  to  be  selected  by  hei'. 
To  the  widow  and  children  constituting  the  family,  a  reasonable  allowance 
for  their  maintenance  during  the  settlement  of  the  estate,  but  in  case  of  an 
insolvent  estate  this  must  not  be  for  more  than  a  year  after  granting  admin- 
istration. To  children  under  ten  years  having  no  mother,  a  maintenance  un- 
til they  reach  that  age. 

If  the  estate  does  not  exceed  6150  above  the  allowances  to  widow  and 
family,  the  i^robate  court  has  discretionary  power  to  give  her  the  whole.  If 
the  estate  amounts  to  more,  the  debts  are  paid  out  of  it. 

The  residue  of  the  estate  is  distributed  as  follows  : 

One-third  to  the  widow  and  two-thirds  to  the  children,  when  there  are 
more  than  one.  If  there  be  but  one  child,  one-half  to  the  widow  and  one- 
half  to  such  child.  If  there  be  no  children,  to  the  widow  the  entire  estate, 
if  not  over  $1,000  ;  if  over,  then  one-half  the  excess  to  the  widow,  and  one- 
half  to  the  father ;  or,  if  the  father  be  not  living,  one-half  to  the  motlier, 
brothers  and  sisters,  and  issue  of  any  deceased  brother  or  sister  by  right  of 
representation.  If  there  be  no  father,  mother,  brother,  sister,  nor  issue  of 
any  deceased  brother  or  sister,  all  to  the  widow.  In  other  cases  the  residue 
is  distributed  the  same  as  real  estate. 

On  the  death  of  a  married  woman  intestate,  her  personalty,  after  payment 
of  debts,  goes  one-third  to  the  husband,  and  two-thirds  to  the  children.  If 
there  be  but  one  child,  then  one-half  to  the  husl)and,  and  one-half  to  such 
child.  If  there  be  no  child,  one-half  to  the  husband,  and  one-half  to  her 
father  ;  or,  if  the  father  be  dead,  one-half  to  the  mother,  brothers,  sisters 
and  issue  of  any  deceased  brother  or  sister  by  right  of  representation  ;  or,  if 
there  be  none  of  these,  then  all  to  the  husband. 


MICHIGAN.  427 

An  illegitimate  child  iiilierits  from  the  mother,  but  cannot  claim,  as  repci- 
senting  the  mother,  any  part  of  the  estate  of  any  of  her  kindred. 

The  estate  of  an  illegitimate  child  goes  to  the  mother  ;  if  she  be  dead,  to 
the  relations  of  intestate  on  the  part  of  the  mother. 

Degrees  of  kindred  are  computeil  according  to  the  civil  law. 

Kindred  of  the  half  blood  inherit  equally  with  those  of  the  whole  blood, 
unless  the  inheritance  came  to  the  intestate  by  descent,  devise  or  gift  from 
some  of  his  ancestors,  in  w^hich  case  all  those  who  are  not  of  the  blood  of 
such  ancestor  are  excluded. 

Depositions. — The  depositions  of  witnesses  residing  out  of  the  state  may 
be  taken  to  be  used  in  a  cause  pending  in  a  court  of  record  in  this  state 
under  a  commission  to  be  awarded  by  such  court  on  proper  application. 
Upon  the  written  consent  of  the  parties  the  clerk  may  issue  the  commission 
without  other  authority.  Interrogatories  accompany  the  commission,  and 
also  instructions  for  taking  the  depositions.  The  depositions  of  witnesses- 
residing  in  this  state  to  be  used  in  the  courts  of  other  states  and  countries, 
may  be  taken  under  a  commission  from  such  other  state  or  country.  Such 
depositions  may  also  be  taken  without  a  commission,  where  it  appears  by 
affidavit  that  according  to  the  course  and  practice  of  the  court  in  which  the 
suit  is  jjending,  the  deposition  of  a  witness  taken  without  the  presence  or 
consent  of  both  parties  will  be  received  on  the  trial  or  hearing  of  such  suit. 
The  deposition  of  a  witness  may  be  taken  in  any  civil  action  pending  in  any 
of  the  courts  of  the  state,  where  the  witness  lives  more  than  thirty  miles 
from  the  place  of  trial,  or  shall  be  about  to  go  out  of  the  state  and  not  to 
return  in  time  for  the  trial,  or  is  so  sick,  infirm  or  aged  as  to  make  it  prob- 
able that  he  will  not  be  able  to  attend  the  trial.  But  such  deposition  cannot 
be  used  if  it  shall  appear  that  the  reason  for  taking  it  no  longer  exists. 

So  also  any  person  who  expects  to  be  a  party  to  a  suit  to  be  thereafter 
commenced  in  any  court  of  record,  may  cause  the  testimony  of  any  witness 
material  to  him  in  the  prosecution  or  defense  of  such  suit,  to  be  taken  con- 
ditionally and  jierpetuated  in  the  cases  above  mentioned. 

Depositions  of  witnesses  residing  out  of  the  state,  and  in  the  United  States- 
or  Canada,  may  be  taken  and  used  in  actions  in  any  of  the  courts  of  the 
state,  in  the  same  manner  and  under  the  same  regulations  prescribed  for 
taking  depositions  of  witnesses  residing  in  the  state. 

Form  of  Instructions  for  taking  Depositions. 

The  person — to  whom  .such  commission  .shall  be  directed,  or  any  one  of 
them,  unless  otherwise  expressly  diret'ted  therein,  shall  execute  the  same  as 
follows  :  1.  They,  or  any  of  them,  shall  i)ul)licly  administer  an  oath  to  the 
witness  named  in  the  commission  that  the  answers  given  by  them  to  the  in- 
terrogatories proposed  to  tliena  shall  be  the  truth,  the  whole  truth,  and  noth- 
ing but  the  truth.  2.  The  examination  of  each  witness  shall  be  reduced  to 
writing,  subscribed  by  witness  and  certified  by  commissioners.  3.  All  ex- 
hibits jjroduced  shall  be  annexed  to  the  deposition  to  which  they  relate,  and 
shall  be  subscribed  bj'  the  witness  proving  the  same,  and  shall  be  certified 
by  the  commissioners.  [This  section  must  be  understood  to  refer  to  such 
papers  as  can  be  jjroduced  upon  the  examination.]  If  the  paper  referred  to 
be  a  record  not  subject  to  the  control  of  the  party  or  the  commissioners,  it 
will  be  sufficient  to  annex  a  copy,  and  the  original  may  be  ])roduced,  on  the 
trial,  separate  from  the  commission.  4.  The  commissioners  shall  sign  each 
sheet  of  the  deposition. 

The  above  instructions  should  be  strictly  pursued  throughout. 

The  commission  may  be  executed  by  any  of  the  commissioners  without 
the  others. 

FORM    OF   OATH. 

"You  do  solennily  swear  that  the  answers  given  by  you  to  the  interroga- 
tories proposed  to  you  shall  be  the  truth,  the  whole  truth,  and  nothing  but 
the  truth — so  help  you  God." 


428  MICHIGAN. 

FORM   OP  AFFIRMATION. 

"You  do  solemnly  and  sincerely  affirm  that  the  answers  given  by  you  to 
the  interrogatories  proposed  to  you  shall  be  the  truth,  the  whole  truth,  and 
nothing  but  the  truth.  This  you  do  under  the  pains  and  penalties  of 
perjury," 

And  in  all  cases  certify  the  mode  of  administering  the  oath. 

FORM   OF   CAPTION. 

Deposition  of ,  of ,  in  the- state  of .  a  witness  produced,  sworn 

and  examined  on  the day  of ,  A.  D.  18 — ,  at ,  in  the  said  state 

of ,  by  virtue  of  a  commission  issued  out  of  the  circuit  court  and  for  the 

county  of ,  in  the  state  of  Michigan,  on  the day  of ,  A.  D.  18 — , 

and  directed  to  us  (or  me),  or  either  us,  commissioiiers  for  the  examination 

of ,  witness — ,  in  a  cause  depending  all  in  said  court,  between , 

plaintiff,  and  ,  defendant,  on  the  part  of  said  ,     Having  read  said 

commission  and  the  instructions  thereto  annexed,  and  having  administered 
an  oath  to  said  witness  that  the  answers  given  by  him  to  the  interrogatories 
proposed  to  him  should  be  the  truth,  the  whole  truth,  and  nothing  but  the 
truth,  I  (or  we)  proceed  to  the  examination  as  follows,  viz.  : 

,  of ,  in  the  state  of ,  aged and  upward,  a  witness  pro- 

<luced,  sworn  and  examined  on  the  part  of  the in  said  cause,  deposeth 

as  follows,  viz,  : 

1.  To  the  first  interrogatory  this  deponent that  he . 

2.  To  the  second  interrogatory  this  deponent  saith . 

Under  this  head  and  in  this  manner  you  will  proceed  with  the  examination 
of  the  witness  on  the  interrogatories  (and  cross-interrogatories,  if  any),  tak- 
ing down  the  answer  to  each.  You  will  yourselves  ask  such  questions  arising 
on  the  interrogatories  as  you  deem  necessary  in  order  to  elicit  the  whole 
truth.  If  there  be  one  or  more  interrogatories  to  which  the  witness  cannot 
depose,  knowing  nothing  of  the  matters  therein  contained,  let  the  answer  be 
as  follows  : 

"  To  the interrogatory  this  deponent  saith  that  he  knows  nothing  and 

can  depose  nothing  to  the  matters  therein  contained." 

The  witness  must  subscribe  his  name  to  the  deposition  when  engrossed 
and  on  the  margin  of  each  sheet  the  commissioners  will  also  write  their 
names.  At  the  bottom  of  the  deposition,  after  it  is  signed  by  the  witness, 
commissioners  will  add  their  certificate,  in  substance  as  follows : 

CERTIFICATE. 

State  of  Michigan,  I 

County  of .       ^ 

On  the day  of ,  A,  D.  18 — ,  at  the ,  in  said  county  and  state, 

personally  appeared  before  us ,  one  of  the  witnesses  above  named,  and 

after  having  taken  the  oath  prescribed  in  the  instructions  annexed  to  the 
commission  mentioned  in  the  caption  to  the  above  deposition,  which  oath 

was  administered  by  ,  and  taken  by  such  with  uplifted  hand  (or  by 

whatever  other  mode),  declared  that  the  foregoing  deposition,  by  him  sub- 
scribed, contains  the  truth,  the  whole  truth,  and  nothing  but  the  truth  ;  said 
witness  residing  without  the  state  of  Michigan.    The  deposition  was  reduced 

to  writing  by ,  one  of  the  commissioners  (or  by  a  "disinterested  person, " 

in  our  presence,  or  "by  the  witness  himself"). 

)  f 
,  >  Commissioners. 

If  any  exhibits  are  offered  and  proved,  add  to  the  foregoing  certificate  as 
follows,  to  wit : 

"The  paper  writing  hereto  attached,  and  marked  as  exhibit ,  was  pro- 
duced and  proved  before  us  by  the  witness,   ,   as  by  reference  to  his 

examination  may  appear." 


MICHIGAN.  429 

When  you  have  gone  through  with  the  witness,  and  his  deposition  is  en- 
grossed and  subscribed  by  him,  you  will  annex  the  interrogatories  to  the 
commission  with  tape,  the  tie  of  which  you  will  seal,  and  write  and  subscribe 
on  the  back  of  the  commission  the  following  return  : 

"The  execution  of  the  foregoing  commission  appears  in  certain  schedules 
hereunto  annexed." 

,  >  Commissioners. 

)  ' 

When  the  whole  is  completed  and  tacked  together,  as  above  directed, 
inclose  it  in  a  letter  or  package,  seal  it,  and  direct  as  follows,  viz.  : 

To ,  esquire,  clerk  of  the  circuit  court  for  the  county  of ,  Michigan. 

The  within  deposition  of  ,  to  be  read  in  a  case  pending  before  the  cir- 
cuit court  for  the  county  of ,  was  taken,  sealed  up  and  transmitted  by 

,  V  Commissioners. 

Divorce. — Divorces  cannot  be  granted  by  the  legislature.  Sentence  of 
imprisonment  for  life  dissolves  marriage  without  any  divorce.  The  ca,uses 
for  absolute  divorce  are  adultery,  physical  incompetency  at  time  of  marriage, 
sentence  to  imprisonment  for  three  years  or  more,  desertion  for  two  years, 
habitual  drunkenness,  and,  in  the  discretion  of  the  court,  a  divorce  obtained 
by  either  party  in  another  state.  Divorce,  either  from  the  bond  of  matri- 
mony or  from'bed  and  board,  may,  in  the  discretion  of  the  court,  be  decreed 
for  extreme  cruelty,  desertion  for  two  years,  or  refusal  on  the  part  of  the 
husband  to  maintain. 

If  parties  who  are  under  the  age  of  consent  marry  and  separate  during 
such  nonage,  and  do  not  cohabit  afterwards,  or  if  the  consent  of  one  of  the 
parties  to  a  marriage  was  obtained  through  force  or  fraud,  and.  they  shall 
separate  and  not  voluntarily  cohabit  afterwards,  the  marriage  in  either  case 
is  void  without  any  legal  proceeding. 

All  marriages  prohibited  by  law  on  account  of  consanguinity  or  affinity 
between  the  parties,  or  on  account  of  either  of  them  having  a  former  wife  or 
husband  then  living,  and  all  marriages  solemnized  when  either  of  the  parties 
was  insane  or  an  idiot,  shall,  if  solemnized  within  this  state,  be  absolutely 
void  without  any  decree  of  divorce  or  other  legal  process.  Provided  that  th& 
issue  of  such  marriage,  except  that  contracted  while  either  of  the  parties 
thereto  had  a  former  husband  or  wife  living,  shall  be  deemed  legitimate. 

Whenever  the  nullity  of  a  marriage,  or  a  divorce  a  vinculo  for  any  cause 
except  the  adultery  of  the  wife,  is  decreed,  and  whenever  a  husband  is  sen- 
tenced to  imprisonment  for  life,  and  also  upon  every  divorce  from  bed  and 
board,  the  wife  takes  her  real  estate  as  upon  the  death  of  the  husband.  And 
upon  any  such  divorce  the  court  may  also  restore  to  the  wife  the  personal 
property  which  came  to  the  husband  by  the  marriage,  or  award  to  her  its 
value  in  money. 

As  to  the  wife's  right  of  dower  in  the  husband's  lands  in  case  of  divorce, 
see  Dotcer. 

No  divorce  shall  be  granted  unless  the  complainant  shall  have  resided  in 
the  state  one  year  immediately  preceding  the  time  of  filing  the  bill,  or  unless 
the  marriage  was  solemnized  in  the  state,  and  the  complainant  shall  have 
resided  in  the  state  from  the  time  of  such  marriage  to  the  time  of  tiling  the 
bill.  When  the  cause  for  divorce  occurred  out  of  the  state,  no  divorce  shall 
be  granted  unless  the  complainant  or  defendant  shall  have  I'esided  within  the 
state  two  years  next  preceding  the  tiling  of  tlie  bill.  No  proofs  or  testimony 
shall  be  taken  in  any  cause  until  four  mouths  after  the  filing  of  the  bill, 
except  where  the  cause  for  divorce  is  desertion,  or  where  the  testimony  is 
taken  conditionally  for  the  purpose  of  perpetuating  such  testimony.  The 
bill  of  divorce  shall  set  forth  the  names  and  ages  of  the  children  of  the  mar- 
riage, and  when  there  are  children  under  fourteen  years  of  age,  a  copy  of  the 


430  MICHIGAN. 

subpcona  issued  in  the  cause  shall  be  served  upon  the  prosecuting  attorney 
of  the  county,  and  it  shall  be  his  duty  to  enter  his  appearance  in  the  cause  ; 
a.nd  when  in  his  judgment  the  interest  of  said  children  or  the  public  good  so 
requires,  he  shall  introduce  evidence  and  appear  at  the  hearing  and  oppose 
the  granting  of  a  divorce. 

In  granting  a  divorce  the  court  may  decree  that  the  party  against  whom 
the  divorce  is  granted  shall  not  marry  again  within  a  si^ecified  time,  not  ex- 
"Ceeding  two  years. 

Dower. — A  widow,  resident  within  the  state,  is  entitled  to  the  use,  for 
life,  of  one-third  of  all  lands  of  which  her  husband  was  seized  during  the 
marriage,  except  so  far  as  she  has  become  barred  thereof.  A  widow  residing 
out  of  the  state  is  only  entitled  to  dower  in  lands  in  the  state,  of  which  her 
husband  died  seized.  In  case  of  the  dissolution  of  marriage,  by  the  husband 
being  sentenced  to  imprisonment  for  life,  or  of  divorce  for  the  adultery,  mis- 
conduct or  habitual  drunkenness  or  imprisonment  of  the  husband,  the  wife 
is  entitled  to  dower  in  his  lands  in  the  same  manner  as  if  he  were  dead. 

A  married  woman  may  bar  her  right  of  dower  by  joining  in  her  husband's 
■deed,  or  by  subsequent  deed  to  his  grantee,  by  a  jointure  in  lands  settled  on 
her  with  her  assent  before  marriage,  or  by  accepting  a  provision  in  the  hus- 
band's will  made  in  lieu  of  dower. 

In  cases  where  the  husband  exchanges  an  estate  of  inheritance  in  lands  for 
other  lands,  the  widow  is  not  entitled  to  dower  in  both.  If  she  does  not 
within  one  year  after  the  death  of  the  husband  commence  proceedings  to  re- 
cover dower  in  the  lands  given  in  exchange,  she  is  deemed  to  have  elected  to 
take  dower  in  the  lands  I'eceived  in  exchange. 

"Where  a  jointure  is  made  before  marriage,  but  without  the  assent  of  the 
intended  wife,  or  where  provision  is  made  for  the  widow  in  the  husband's 
Avill  in  lieu  of  dower,  she  will  be  deemed  to  have  elected  to  take  such  provis- 
ion or  jointure  unless  within  one  year  after  his  death  she  commences  pro- 
ceeding to  recover  her  dower. 

A  widow  is  entitled  to  remain  in  the  dwelling  house  of  her  husband  one 
year  after  his  death  without  rent,  and  to  support  out  of  his  estate  for  the 
.same  time. 

Evidence. — Parties  are  competent  witnesses,  except  that  in  suits  by  or 
against  the  representatives  of  a  deceased  person,  or  by  a  surviving  jjartner, 
the  opposite  party  cannot  testify  in  his  own  behalf  as  to  matters  equally 
within  the  knowledge  of  such  deceased  person  or  (in  such  partnership  case) 
within  the  knowledge  of  the  deceased  partner  and  not  within  the  knowledge 
of  the  surviving  partner. 

No  person  is  incompetent  as  a  witness  on  account  of  his  religious  opinions, 
his  interest  in  the  suit,  or  relationship  to  a  party,  or  by  reason  of  conviction 
for  crime,  but  such  relationship,  interest  or  conviction  may  be  shown  to 
affect  the  credibility  of  the  witness.  Husband  and  wife  cannot  be  witnesses 
against  each  other  witliout  the  otlier's  consent.  Professional  communica- 
tions to  lawyers,  physicians  and  ministers  are  privileged. 

As  to  the  effect  as  evidence  of  an  affidavit  of  account,  partnership  or  incor- 
poration.    {See  Afflddvit.) 

In  divorce  cases  either  party  may  testify  in  his  or  her  own  behalf,  but  this 
testimony  can  be  taken  only  in  open  court,  and  cannot  be  received  in  sup- 
port or  in  defense  of  a  charge  of  adultery. 

Executions. — On  judgments  of  courts  of  record  execution  may  issvie  at 
once  ;  no  stay  is  permitted.  In  jvistices'  courts  execution  may  issue  after 
five  days  from  the  rendition  of  judgment,  unless  the  same  is  appealed  from 
or  stayed  ;  upon  filing  security  the  judgment,  unless  it  be  for  personal  ser- 
vice performed  by  the  plaintitt',  may  be  stayed  four  months  where  it  does  not 
exceed  $50,  and  where  it  exceeds  the  amount,  six  months. 


MICHIGAN.  431 

On  an  execution  sale  of  real  estate,  the  debtor  lias  one  year  in  which  to 
redeem.  Tlie  rights  of  the  i)urchaser  may  be  acquired  by  a  creditor  holding 
a  lieu  on  the  projjerty  within  fifteen  moutlis  after  the  sale,  by  paying  the  bid 
with  interest. 

Executors. — A  foreign  executor  has  no  right  to  act  within  the  state. 
Payment  to  iiim  or  a  discharge  of  a  mortgage  by  him,  would  not  be  good  as 
against  tlie  claims  of  an  administrator  appointed  within  the  state.  Execu- 
tors have  to  give  bonds. 

Exemptions. — The  following  i)roperty  is  exempt  from  sale  under  execution : 

A  homesteail  of  one  lot  in  any  city,  village,  or  town,  or  not  mure  than 
forty  aciX'S  of  land  outside,  and  not  exceeding  $1,500  in  value,  owned  and 
occupied  by  a  resident  of  the  state  ;  spinning-wheels,  weaving-looms  and 
stoves  jiut  up  and  kept  for  use  in  any  (Iwelling  house  ;  a  pew  in  a  churcli, 
and  a  lot  in  a  cenietery,  if  used  ;  arms  required  by  law  to  be  kept,  and  all 
wearing  apparel  of  every  person  or  family  ;  the  library  and  school  books  of 
every  individual  or  family  not  exceeding  in  value  $150  ;  one  sewing  machine, 
and  all  family  pictures  ;  to  each  householder,  ten  sheep,  two  cows  and  five 
swine,  six  months"  provisions  and  fuel,  and  household  goods,  furniture  and 
utensils  not  exceeding  in  value  $250  ;  to  each  debtor,  the  tools,  implements, 
materials,  stock,  ap])aratus,  team,  vehicle,  horses,  harness  or  other  things 
not  exceeding  in  value  6250  ;  to  enable  hhn  to  carry  on  business  in  which  he 
is  wholly  or  principally  engaged  ;  a  sufficient  quantity  of  hay,  grain,  feed 
and  roots  for  properly  keeping  for  six  months  such  exempt  animals. 

No  lien  can  be  created  on  any  of  the  above  property,  except  the  $250  of 
tools,  etc.,  without  the  signature  of  the  wife  to  the  mortgage,  etc. 

Where  the  homestead  exceeds  $1500,  the  balance  may  be  reached  on  exe- 
cution by  a  sale  of  the  property. 

Factors. — There  is  no  statute  upon  the  subject. 

False  Pretense. — Any  person  who  shall  obtain  property,  or  who  shall 
obtain  the  signature  ot  any  other  person  to  any  written  instrument,  the  mak- 
ing whereof  would  be  i^unishable  as  forgery,  by  means  of  any  false  token  or 
pretense,  shall  be  punished  by  imprisonment  of  not  more  than  ten  years,  or 
by  fine  not  exceeding  $500,  and  imi^risonment  of  not  more  than  one  year. 

Frauds,  Statute  of. — No  conveyance  of  lands  other  than  leases,  for  not 
exceeding  one  year,  is  valid,  except  it  be  in  writing  and  subscribed  by  the 
party  or  by  some  one  by  him  authorized  in  writing. 

A  contract  for  lands,  or  for  the  leasing  for  longer  period  than  one  year,  is 
void,  unless  the  contract  or  some  note  or  memorandum  thereof  is  in  writing 
and  signed  by  the  contractor,  or  by  some  person  by  him  authorized  in  writing. 

Every  agreement  that  by  its  terms  is  not  to  be  perfonned  in  one  year, 
every  special  promise  to  answer  for  the  debt,  default  or  misdoings  of  another, 
every  agreement,  made  upon  consideration  of  marriage,  except  mutual 
promise  to  marry,  and  every  special  promise  by  an  executor  or  administrator 
to  answer  damages  out  of  his  own  estate,  is  void,  unless  said  agreement  or 
some  note  or  memorandum  thereof  is  in  writing,  signed  by  the  contractor  or 
by  some  person  authorized  by  him. 

Every  sale  of  chattels,  unless  accompanied  by  an  immediate  delivery  and 
followed  by  an  actual  and  continued  change  of  possession,  is  presumptively 
fraudulent  and  void  as  against  creditors  or  subsequent  purchasers  in  good 
faith. 

Contracts  for  the  sale  of  goods  or  chattels  for  the  price  of  fifty  dollars  or 
more  are  invalid,  unless  the  purchaser  accepts  and  receives  part  of  the  goods 
sold,  or  shall  give  something  in  earnest  to  bind  the  bargain  or  in  part  pa}'- 
ment,  or  unless  some  note  or  memorandum  in  writing,  of  the  bargain,  be 
made  and  signed  by  the  party  to  be  charged  thereby,  or  by  some  person  by 
him  authorized. 


432  MICHIGAN. 

Garnisllinent. — In  all  personal  actions  arising  upon  contracts,  and  in  all 
cases  where  there  remains  any  sum  due  vipon  any  judgment,  upon  affidavit 
for  that  purpose  filed,  the  debt  of  a  third  person  to  the  defendant,  or  prop- 
erty of  the  defendant  in  the  hands  of  a  third  party,  may  be  attached  and  held 
for  the  payment  of  such  principal  claim  or  judgment.  In  justices'  courts 
where  the  defendant  is  a  householder  having  a  family,  an  indebtedness  to- 
him  for  his  personal  labor  or  that  of  his  family  to  the  extent  of  twenty-five 
dollars  is  exempt  from  garnishee  proceedings.  In  the  circuit  courts  this  ex- 
emption exists  without  reference  to  the  defendant  being  a  householder 
having  a  family. 

Grace. — Three  days'  grace  are  allowed  on  notes  and  bills  not  payable  on 
demand.  Demand  notes  and  bills  are  not  entitled  to  grace.  When  the  last 
day  of  grace  falls  on  Sunday  or  on  any  legal  holiday,  the  day  previous  is 
considered  the  last  day  of  grace. 

Homestead. — {See  Exemption.^  Homestead  rights  may  be  had  in  a  land 
contract.  A  homestead  cannot  be  sold  or  encumbered  without  the  signature 
of  the  wife. 

Insolvent  Laws. — {See  Assignments.)  Our  statutes  provide  quite  an 
elaborate  system  of  insolvency  proceedings  (C.  L.  1882,  ch.  305).  This  law 
was  superseded  by  the  U.  S.  Bankrupt  Law  while  in  force,  but  is  now  oper- 
ative. It  provides  for  a  complete  discharge  of  the  debtor  from  his  debts  ; 
but  it  is  seldom,  if  ever  used. 

Interest  and  Usury. — The  legal  rate  is  seven  per  cent.,  but  parties  may 
contract  in  writing  for  not  exceeding  ten  per  cent.  The  only  penalty  for 
usury  is  forfeiture  of  the  excess  of  interest  beyond  the  legal  rate. 

After  the  voluntary  payment  of  usurious  interest,  no  action  lies  to  recover 
it  back.  Judgments  and  decrees  bear  the  same  rate  of  interest  as  the  debts 
upon  which  they  are  founded.  A  hona  fide  purchaser  of  negotiable  paper  is 
not  affected  by  its  being  usurious. 

Judgments. — Do  not  become  a  lien  upon  the  property  of  the  debtor  before 
a  levy  is  regularly  made  under  execution.  Judgments  of  courts  of  record 
are  good  for  ten  years  ;  of  justices'  courts,  six  years. 

Justices  of  the  Peace. — {See  Courts.) 

Landlord  and  Tenant. — All  estates  at  will  or  by  sufferance  may  be  de- 
termined by  either  party  by  three  months'  notice  given  to  the  other  party  ; 
and  when  the  rent  reserved  in  a  lease  is  payable  at  periods  of  less  than  three 
months,  the  time  of  such  notice  shall  be  sufficient  if  it  be  equal  to  the  inter- 
val between  the  times  of  payment.  In  all  cases  of  neglect  or  refusal  to  pay 
rent  on  a  lease  at  will,  or  otherwise,  seven  days'  notice  to  quit  given  in  writ- 
ing by  the  landlord  to  the  tenant  is  sufficient  to  determine  the  lease.  In  all 
cases  of  tenancy  from  year  to  year  a  notice  to  quit  given  at  any  time  is  suffi- 
cient to  terminate  said  lease  at  the  expiration  of  one  year  from  the  time  of 
the  service  of  such  notice. 

Where  the  lessee  of  a  dwelling  house  is  convicted  or  guilty  of  keeping  a 
house  of  ill  fame,  or  a  common  gaming  house,  the  lessor  may  at  his  option 
declare  the  lea.se  void. 

Summary  proceedings  are  provided  to  enable  a  lessor  to  obtain  possession 
of  the  leased  ])remises.  Complaint  is  made  before  a  circui*;  court  commis- 
sioner, and  a  summons  of  not  less  than  three  nor  more  than  six  days  is  issued 
and  served  on  the  defendant.  Appeal  lies  to  the  circuit  court  within  five 
days  after  the  judgment  of  the  commissioner,  but  defendant  cannot  appeal 
without  giving  a  bond  to  pay  all  rent. 


MICHIGAN.  438 

Leases. — Leases  for  more  than  a  year  must  be  in  writing  and  signed  bj 
the  lebscir.  A  leasehold  interest  may  be  sold  on  execution  against  the  lessee. 
There  is  no  limit  to  the  period  of  time  for  which  leases  may  be  made. 

License. — Under  liquor  law  :  retail  dealers  in  spirituous  li(|Uors,  $500 ; 
wholesale  dealers,  $.500  ;  wholesale  and  retail  dealers,  $800 ;  manufacturers, 
$800.  All  dealers  in  malt  liquors,  $300 ;  manufacturers,  $65,  No  person 
paying  a  tax  on  spirituous  liquors  is  obliged  to  pay  a  tax  on  the  sale  of  malt 
liquors.  No  person  paying  a  manufacturer's  tax  on  malt  liquors  is  liable  to 
pay  a  wholesale  dealers  tax  on  the  same. 

Hawkers  and  peddlers  pay  the  following  state  licenses  :  when  they  travel 
on  foot,  $15  ;  with  one  horse,  $40  ;  with  two  or  more  horses,  $75  ;  by  railroad 
or  other  public  conveyance,  $100.  Many  of  the  local  municipalities  also 
require  a  license  from  travelling  salesmen  and  peddlers. 

There  is  a  statute  requiring  commercial  travelers  for  business  houses  out- 
side the  state  to  pay  a  state  license,  but  the  United  States  supreme  court  has 
declared  this  statute  unconstitutional. 

Liens. — A  vendor  of  real  estate  t.as  a  lien  for  the  unpaid  purchase  money 
as  against  the  purchaser.     {See  MecJumics  Liens.) 

Limitation  of  Actions. — Beal  actions  since  .January  1,  1864,  must  be 
brought  within  live  years  where  the  defendant  claims  title  under  an  execu- 
tor's, administrator's,  guardian's,  or  sherifl''s  sale  under  the  order  or  process 
of  a  court  ;  within  five  years  where  either  party  claims  under  a  tax  deed  ; 
within  fifteen  years  in  all  other  cases,  except  when  the  plaintiff  or  his  grantor 
was  at  the  time  the  right  of  action  accrued  absent  from  the  United  States,  in 
which  case  the  action  must  be  brought  within  twenty  years  ;  but  this  excep- 
tion does  not  apply  to  persons  absent  or  residing  in  any  of  the  provinces  of 
British  North  America. 

When  the  right  of  action  accrued  before  .January  1,  1864,  the  limitation 
depends  upon  the  prior  statutes  upon  the  subject. 

As  to  personal  actions. — All  actions  upon  contract  not  under  seal,  or  upon 
a  foreign  judgment,  or  for  rent  or  waste,  actions  of  replevin  and  trovor,  ac- 
tions upon  justice's  judgments  and  all  actions  on  the  case  except  for  slander 
or  libel,  must  be  brought  within'  six  years  after  the  cause  of  action  accrued. 
Actions  for  trespass  upon  land,  assault  and  battery,  false  imprisonment, 
slander  or  libel,  within  two  years.  Actions  against  sheriff  for  misconduct, 
or  neglect  of  deputies,  within  three  years.  Actions  upon  judgment  of  a 
court  of  record,  or  upon  a  contract  under  seal,  within  ten  years.  The  time 
of  defendant's  residence  out  of  the  state  after  the  cause  of  action  accnied,  is 
not  reckoned. 

Actions  to  foreclose  a  real  estate  mortgage  must  be  commenced  within  fif- 
teen years  after  the  maturity  of  the  debt,  or  the  last  payment  thereon. 

Minors,  persons  insane,  or  imprisoned,  or  absent  from  the  United  States  or 
British  provinces,  at  the  time  the  cavxse  of  action  accrues  may  bring  actions 
within  the  time  limited  after  the  removal  of  their  disabilities. 

Limited  Partnerships. — May  be  formed  for  the  transaction  of  any  mer- 
cantile, niecluuiieal  or  niamit'acturiug  business,  but  not  for  the  business  of 
banking  or  insurance.  The  amount  of  capital  contributed  by  the  special 
l)artners  must  be  specified  in  the  articles  of  co-partnership.  Their  liability- 
is  limited  to  the  amount  of  capital  contributed  by  them.  A  sjjccial  partner 
may  contribute  his  capital  in  cash  or  other  property  at  its  cash  value.  A 
certificate  signed  and  acknowledged  by  all  the  partners  must  be  filed  with 
the  county  clerk  slujwing  the  firm  name,  the  nature  of  the  business,  the 
names  and  designations  of  the  general  and  special  partners  and  their  places 
of  residence,  the  cajjital  contributed  by  the  special  partners,  and  the  com- 
mencement and  termination  of  the  i)artnership.  A  si)ecial  partner  by  inter- 
fering in  the  business  of  the  partnership  may  make  him>elf  liable  as  a  gen- 
eral partner.     {See  Partnership  Associations.) 


434  MICHIGAN. 

Marriage. — Marriage  is  a  civil  contract.  The  legal  age  in  the  cases  of 
males  is  eighteen  years  ;  females  sixteen  years.  It  is  allowed  between  whites 
and  blacks.  No  particular  form  is  required  in  its  solemnization,  except  that 
the  parties  shall  solemnly  declare  in  the  presence  of  the  proper  magistrate  or 
minister,  and  two  attending  witnesses,  that  they  take  each  other  as  husband 
and  wife.  Marriages  among  Quakers,  or  among  people  of  any  other  partic- 
ular denomination  having  as  such,  any  peculiar  mode  of  solemnizing  marri- 
ages, are  good  if  according  to  the  mode  of  such  societies.  All  marriages  are 
to  be  recorded  with  the  county  clerk.     A  license  to  marry  is  necessary. 

Married  Women. — Retain  their  real  and  personal  estate,  whether  acquired 
before  or  after  marriage,  as  their  individual  property.  They  may  take,  hold, 
convey,  devise,  bequeath  and  incumber  their  property,  and  make  contracts 
in  relation  thereto,  and  may  sue  and  be  sued  on  said  contracts,  the  same  as 
if  unmarried.  Their  property  is  not  liable  for  their  husband's  debts,  and 
they  are  not  liable  for  necessaries  furnished  for  the  support  of  the  family, 
without  a  special  agreement  on  their  part  to  pay.  A  married  woman  cannot 
be  a  surety  or  indorser  for  her  husband  or  a  third  person,  but  she  may  mort- 
gage her  property  to  secure  the  debt  of  another.  She  may,  with  her  hus- 
band's consent,  carry  on  business  in  her  own  name,  in  which  case  he  has  no 
control  over  the  business  or  the  profits.  Her  conveyance  of  real  estate  is 
good  without  the  husband's  joining  in  it. 

Mechanics  Liens.. — Every  person  who,  under  a  contract  with  the  owner, 
part  owner  or  lessee  of  any  interest  in  real  estate,  or  under  a  contract  with  a 
contractor  or  sub-contractor,  shall  perform  any  labor  or  furnish  any  material 
in  or  for  the  building,  altering,  repairing,  or  ornamenting  of  any  building, 
machinery,  wharf,  or  other  structure,  is  given  a  lien  therefor  upon  such 
building,  machinery,  wharf  or  other  structure  and  its  appurtanances,  and 
also  upon  the  entire  interest  of  such  owner,  etc.,  in  and  to  the  lot  or  piece  of 
land  not  exceeding  one  quarter  section,  or  if  within  an  incorporated  city  or 
village,  not  exceeding  the  lot  or  lots  upon  which  improvements  are  made. 
In  case  of  improvements  on  a  homestead,  the  lien  does  not  attach  unless 
the  contract  be  in  writing  and  signed  by  the  owner  and  his  wife,  if  he  have 
one. 

To  preserve  the  lien,  a  notice  of  claim  of  lien  must  be  filed  with  the  reg- 
ister of  deeds  of  the  county  within  sixty  days  after  the  completion  of  the 
labor  or  furnishing  of  the  materials,  and  notice  thereof  be  served  upon  the 
owner,  etc.,  and  proceedings  to  enforce  the  lien  must  be  commenced  within 
sixty  days  after  the  filing  of  the  notice  of  claim. 

Minors. — The  legal  age  is  twenty-one  years,  and  is  the  same  in  the  case  of 
both  males  and  females. 

Mortgages. — (See  Deeds.) — Foreclosure  of  mortgages  may  be  either  in 
chancery  or  by  statutory  advertisement.  In  the  former  case  the  sale  is  abso- 
lute, but  cannot  take  place  within  one  year  after  filing  bill.  In  the  latter 
case  there  is  one  year's  redemption  after  sale.  No  foreclosure  can  be  com- 
menced more  than  fifteen  years  after  the  maturity  of  the  mortgage,  or  the 
date  of  the  last  payment  thereon. 

Notes  and  Bills. — Any  person,  not  a  payee  named  in  a  note,  who  signs  it 
either  on  the  face  or  back  before-it  is  negotiated,  is  held  to  be  a  maker,  and 
consequently  not  entitled  to  notice  of  protest. 

The  acceptance  of  a  bill  of  exchange  must  be  in  writing.  Notices  of  pro- 
test may  in  all  cases  be  sent  by  mail. 

As  to  joint  action  against  makers,  endorsers,  etc.  (See  Actions.  See  Grace.) 

Partnership  Associations. — (See  Limited  Partner sJiijjs.) — May  be  formed 
for  the  transaction  of  any  lawful  business,  by  three  or  more  persons,  and 
^heir  liability  limited  to  the  amount  of  their  subscriptions  to  the  capital. 


MICHIGAN.  435 

The  word  "Limited  "  must  be  the  last  word  of  the  name  of  the  association, 
and  must  be  always  used.  The  omission  to  use  it  makes  all  members  '•  liable 
for  any  indebtedness,  damage  or  liability  arising  therefrom," 

Practice. — The  common  law  practice  prevails  except  where  modified  by 
statute  or  rule. 

Proof  of  Claims. — (See  Affidavit,  Assignment.) 

Redemption. — {See  Executions,  Mortgages,  Taxes.) 

Replevin. — The  action  of  replevin  lies  to  recover  the  possession  of  per- 
sonal property  unlawfully  taken  or  withheld.  The  plaintiff  must  give  a  bond 
to  the  sheriff  in  double  the  appraised  value  of  the  property  taken. 

Security  for  Costs.— (/See  Costs.) 

Stay  of  Execution. — {See  E.vecution.) 

Taxes.— State  and  county  taxes  become  a  personal  charge  against  the 
owner  as  soon  as  assessed  in  October,  and  a  lien  on  the  real  estate  as  well  as 
on  the  personal  estate  of  the  owner  on  the  first  day  of  December.  They  are 
payable  to  the  township  treasurer  from  December  1st  to  February  1st,  dur- 
ing December  with  one  per  cent. ;  in  January  with  four  per  cent,  added. 
Taxes  unpaid  on  February  1st,  are  returned  as  delinquent  to  the  county 
treasurer.  They  may  be  thereafter  paid  until  sale  to  the  county  treasurer  or 
auditor  general  with  certain  penalties  added.  Tax  sales  take  place  on  the 
first  Tuesday  in  October  in  the  second  year  thereafter.  There  is  a  redemption 
from  the  sale  by  paying  the  amount  of  the  tax,  with  certain  penalties,  at  any 
time  befor  the  first  day  of  October  next  succeeding  the  sale. 

City  taxes  in  Detroit  are  due  July  25th,  in  each  year,  and  tax  sales  take 
place  the  first  of  July  of  the  next  year.     There  is  one  year's  redemption. 

The  following  property  is  exempt  from  taxation  : 

Churches  and  land  occupied  by  them,  rights  of  burial  and  tombs  when  in 
use,  and  parsonages ;  property  of  the  state  and  of  the  United  States,  and  of 
the  various  municipalities  ;  household  furniture  not  exceeding  8200  ;  looms, 
not  exceeding  $50 ;  library,  not  exceeding  8150  ;  family  pictures,  wearing 
apparel  and  arms  i-equired  by  law  to  be  kept ;  to  each  householder  fifteen 
sheep,  two  cows,  five  swine,  six  months'  fuel,  and  musical  instruments  not 
■exceeding  $150  ;  the  personal  i)roperty  of  library,  benevolent,  charitable  and 
scientific  institutions,  and  real  estate  occupied  by  them  ;  the  property  of  any 
persons  who,  by  reason  of  infirmity,  age  or  poverty,  may,  in  the  opinion  of 
the  supervisor,  be  unable  to  contribute  towards  the  public  charges. 

Municipalities  cannot  vote  aid  to  railroads,  canals,  etc.,  or  own  stock  in 
any  corporations. 

Usury. — {See  Interest.) 

Wills. — Every  person  of  sound  mind  and  over  twenty-one  years  of  age  may 
make  a  will. 

All  wills  must  be  in  writing,  signed  by  the  testator  or  by  some  person  in  his 
presence  and  by  his  express  direction,  and  attested  and  subscribed  in  the 
presence  of  the  testator  by  two  witnesses. 

Nuncupative  wills  are  permitted  where  the  estate  does  not  exceed  $300,  and 
the  will  is  proved  by  two  witnesses  ;  and  also  in  the  case  of  soldiers,  in  ac- 
tual military  service,  and  mariners  on  shipboard,  in  disposing  of  their  wages 
and  other  personal  property. 

Every  devise  of  land  is  construed  to  convey  all  the  estate  of  the  devisor 
therein  which  he  could  lawfully  convey,  unless  it  clearly  appear  by  the  will 
that  the  devisor  intended  to  convey  a  less  estate. 

A  widow  may  reject  the  provision  made  for  her  in  her  husband's  will,  and 
take  the  same  interest  in  his  estate  as  if  he  died  intestate. 

Co]iies  of  wills  duly  proved  in  any  other  state  or  country  may  be  regis- 
tered here,  if  duly  authenticated,  and  auxiliary  administration  granted  here. 


436 


MICHIGAN. 


ATTORNEYS  IN   MICHIGAN. 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  population. 
Figures  after  names  when  admitted  to  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (X)  our  Compiler  of  Laws. 
A  dagger  (t)  former  recommendations  withdrawn. 


PLACE . 

Adrian 

Albion 
Allegan 
Alma 
Alpena 

Ann  Arbor 

Au  Sable 

Bad  Axe 

Baldwin 

Battle  Creek 

Bay  City 

Bellaire 

Benton  Harbor 

Benzonia 

Big  Rapids 

Blissfield 

Buchanan 

Cadillac 

Calumet 

Caro 

Carrollton 

Cassopolis 

Cedar  Springs 

Centreville 

Charlevoix 

Charlotte 

Cheboygan 

Chelsea 

Chesaning 

Coldwater 

Constantine 

Corrunna 


COUNTY.  NAMES  OP  ATTORNEYS.   POPULA'W. 

Lenawee  C.  R.  Miller.  9,350 

Calhoun  A.  M.  Culver.  3,171 

Allegan  B.  D.  Pritchard.  3,000 

Gratiot  James  L.  Clark.  2,000 

Alpena  TumbuU  &  Defoe.  11,000 

w    1  +  S  J-  Q-  A-  SESSIONS,  '58.  „  ^^-y 

Washtenaw  J  ^^^^  ^  Whitman,  '73.  ^'^^2 

Iosco  W.  II.  Simpson.  4,000 

Huron  W.  T.  Bope.  700 

Lake  F.  E.  Withey.  600 

Calhoun  CHAS.  E.  THOMAS.  10,021 

Bay  E.  A.  Cooley.  29,415 

Antrim  G.  W.  Albrecht.  400 

Berrien  A.  Plummer.  1,388 

Benzie  F.  B.  Case.  300 

Mecosta  M.  Brown.  6,000 

Lenawee  O.  F.  Sheldon.  1,196 

Berrien  A.  C.  Roe.  2,070 

Wexford  D.  E.  Mclntyre.  4,000 

Houghton  J.  B.  Curtis.  7,500 

Tuscola  Black,  Gray  &  Corcoran.  2,000 

Saginaw  (See  Saginaw.)  1,051 

Cass  C.  W.  Clisbee.  1,051 

Kent  D.  C.  Lyle.  1,500 

St.  Joseph  Wm.  Sadler.  1,000 

Charlevoix  E.  H.  Green.  1,600 

Eaton  P.  T.  Van  Zile.  3,600 

Cheboygan  O.  Adams.  4,000 

Washtenaw  D.  B.  Taylor.  1,254 

Saginaw  B.  A.  Snow.  1,014 

Branch  J.  R.  Champion.  5,102 

St.  Joseph  Keightley  &  Knowlen.  1,550 

Shiawasse                 H.  McCurdy.  1,451 


Detroit. 


Wayne  County. 


Population,  183,269. 


t  Bowen,  Douglas  &  Whiting,  80  Griswold  St. 
Bowen,  Herbert. 
Douglas,  Samuel  T. 
Whiting,  Frederick  W. 

iSee  Card  in  Appendix,  page  xi. 

CHANEY,  HENRY  A.,  4  McGraw  Building. 


MICHIGAN. 


437 


DETROIT— Continued. 

Conely,  Maybiuy  &  Lucking,  80  Griswold  St. 

Conely,  John  D. 

May  bury,  Wm.  C. 

Lucking,  Alfred. 
Stewart,  S.  W.,  11  Buhl  Block, 
t  Kelso,  Samuel  J. 
\  Tyler,  Wm.  V. 


COUNTY. 


NAMES  OF  ATTORNEYS.   POPULA'n. 


Dowagiac 
Dundee 


Cass 
Monroe 


S.  Tryon. 
Cramer  &  Corbin. 


2,351 
1,226 


East  Saginaw.        Saginaw  County.        Population,  29,100. 

DAVIS,  CLARENCE  L.,  5  and  6  Municipal  Court  Building. 
Edget,  Brooks  &  Conway,  220  Geneese  St. 
Gage,  Wm.  G.,  118  S.  Washington  St. 
f  Morse,  Jenner  E. 


East  Towas 

Iosco 

T.  D.  Hawley. 

1,500 

Eaton  Rapids 

Eaton 

J.  31.  Corbin. 

2,131 

Edmore 

Montcalm 

W.  S.  Whittelsey. 

1,200 

Escanaba 

Delta 

John  Power. 

5,500 

Evart 

Osceola 

C.  H.  Rose. 

1,500 

riint 

Genessee 

GEORGE  M.  SAYLES,*  '83. 

9,035 

Fowlerville 

Livingston 

F.  H.  Warren. 

1,035 

Gaylord 

Otsego 

Cooper  &  Crane. 

1,000 

Grand  Ledge 

Eaton 

J.  L.  McPeek. 

1,378 

•Grand  Haven 

Ottawa 

H.  C.  Akeley. 

5,914 

Grand  Rapids 

Kent 

^  Livingston,  L.  B.,  '81. 

(         Xew  Houseman  Building, 

41,934 

Gladwin 

Gladwin 

F.  L.  Prindle. 

600 

Grayling 

Crawford 

M.  J.  Connie. 

400 

Greenville 

Montcalm 

John  Lewis. 

3,500 

Harbor  Spring 

Emmett 

Geo.  W.  Stoneburner. 

1,500 

Hancock 

Houghton 

T.  B.  Dunstan. 

4,000 

Harrison 

Clare 

Wm.  H.  Brown. 

700 

Harrisville 

Alcona 

W.  E.  Depew. 

547 

Hart 

Oceana 

Jas.  Brassington. 

900 

Hastings 

Barry 

A.  E.  Kenaston. 

3,0((0 

Hersey 

Osceola 

C.  M.  Beardsley. 

404 

Hillsdale 

Hillsdale 

0.  A.  JANES,  '71. 

3,350 

Holland 

Ottawa 

J.  C.  Post. 

3.000 

Holly 

Oakland 

Hon.  T.  L.  Patterson. 

1,303 

Homer 

Calhoun 

L.  B.  Tompkins. 

2.044 

Houghton 

Houghton 

Chandler  &  Gray. 

3.000 

Howard  City 

^Eontcalm 

C.  W.  Perry. 

1,130 

HoweU 

Livingston 

S.  F.  Hubbell. 

2,500 

Hudson 

Linance 

J.  C.  Sawyer. 

2,311 

Ionia 

Ionia 

J.  C.  Blanchard. 

4,643 

Iron  Mountain 

^lenominee 

F.  J.  Tmdell. 

4,000 

Ishpeming 

Marquette 

Hayden  &  Young. 

6,843 

Ithaca 

Gratoit 

W.  E.  Winton. 

2.000 

Jackson 

.Jackson 

JAMES  W.  BLAKELY. 

19,136 

Jonesville 

Hillsdale 

W.  J.  Baxter. 
C  Oxenford,  Samuel  W., 

1,537 

Kalamazoo 

Kalamazoo 

\  CRANE,  E.  A. 

i  TUTHILL,  OSCAR  T. 

14.064 

Xalkaska 

Kalkaska 

E.  S.  Ellis. 

1,500 

438 

MICHIGAN. 

PLACE. 

COUNTY. 

NAMES   OF  ATTORNEYS.                POPULA'N. 

Lake  City 

Missaukee 

F.  0.  Gaffiiey. 

50O 

L'Anse 

Baraga 

P.  R.  McKernan. 

1,800- 

Lansing 

Ingham 

Ira  Scott.                  * 

13,000 

Lapeer 

Lapeer 

H.  Greer. 

3,500 

Leland 

Leelenaw 

G.  A.  Cutler. 

400 

Leslie 

Ingham 

F.  C.  Woodworth. 

1,150 

Lowell 

Kent 

E.  W.  Dodge. 

3,000' 

Ludington 

Mason 

Wing  &  Samuels. 

5,433 

Luther 

Lake 

CHAS.  D.  BARGHOORN,  ' 

85.     — 

Manchester 

Washtenaw 

A.  F.  Freeman. 

1,400 

Manistee 

Manistee 

David  S.  Harley. 

10,37S 

Manistique 

Schoolcraft 

W.  F.  Riggs. 

1,500 

Marine  City 

St.  Clair 

V.  A.  Saph. 

3,000 

Marquette 

Marquette 

D.  H.  Ball. 

7,000' 

Marshall 

Calhoun 

Miner  &  Stace. 

4,081 

Mason 

Ingham 

G.  M,  Huntington. 

2,000 

Menominee 

Menominee 

Sawyer  &  Waite. 

7,000 

Midland 

Midland 

FLOYD  L.  POST,  '80. 

2,177 

Milford 

Oakland 

E.  J.  Bissell. 

1,500 

Miuden  City 

Sanilac 

Chas.  H.  McGinley,  '79. 

di^ 

Mio 

Oscoda 

J.  L.  Kittle. 

50 

Monroe 

Monroe 

T.  E,  Wing. 

5,329 

Morenci 

Lenawee 

D.  B,  Morgan. 

1,294 

Mt.  Clemens 

Macomb 

M.  Crocker. 

5,000 

Mt.  Pleasant 

lasbella 

J.  C.  Leaton. 

2,500 

Muskegon 

Muskegon 

R.  J.  MACDONALD. 

17,845 

Negannee 

Marquette 

J.  Q,  Adams. 

4,103 

Newaygo 

Newaygo 

A.  G.  Day. 

1,719 

Niles 

Berrien 

0.  W.  Coolidge. 

4,606 

Norway 

Menominee 

R.  C.  Flanigan. 

1,100' 

Ontonagon 

Ontonagon 

N.  W.  Haire. 

1,300 

Oscoda 

Iosco 

McCutcheon  &  Elliott. 

3,000 

Otsego 

Allegan 

W.  C.  Edsell. 

1,700' 

Omer 

Arenac 

Hugh  Lawrence. 

75 

Grid 

Clinton 

Griswold  &  High. 

1,466 

Owosso 

Shiawassee 

G.  R.  Lyon. 

4,500 

Paw  Paw 

Van  Buren 

GEORGE  E.  BRECK,  '82. 

1.430 

Pent  Water 

Oceana 

W.  E.  Ambler. 

1,468 

Petoskey 

Emmet 

J.  G.  Hill. 

4,000 

Plainwell 

Allegan 

E.  J.  Anderson. 

1,603 

Pontiac 

Oakland 

JAMES  H.  LYNCH. 

5,348 

Port  Huron 

St.  Clair 

S  SEWARD  L.  MERRIAM,'8C 
I  GEO.  P.  VOORHEIS,  '74. 

'•10,390 

Portland 

.  Ionia 

B.  H.  BARTOW,  '73. 

1,675 

Quincy 

Branch 

F.  A.  Lyon. 

1,252 

Reed  City 

Osceola 

F.  H.  PETERS. 

2,016 

Rogers  City 

Presque  Isle 

Wm.  E.  Rice. 

400 

Ilomco 

Macomb 

D.  N.  Lowell. 

2,000 

Roscommon 

Roscommon 

Geo.  L.  Alexander. 

800' 

Saginaw 

Saginaw 

Hanchett  &  Stark. 

13,767 

St.  James 

Manitou 

(See  Harbor  Springs.) 

168 

St.  Ignace 

Mackinac 

Henry  Hoffman. 

2,236 

St.  John's 

Clinton 

DABOLL  (S.  B.)'69& 

BRUNSON  (W.  H.). 

2,553 

St.  Joseph 

Barrien 

C.  B.  Potter. 

2,624 

St.  Louis 

Gratoit 

T.  W.  Whitney. 

3.000 

Sand  Beach 

Huron 

E.  F.  Bacon. 

1,400' 

Sandusky 

Sanilac 

John  S.  Crandell. 

400 

Sault  de  St.  Marie 

.  Chippewa 

H.  M.  OREN,  '83. 

2,642. 

I 


MICHIGAN. 


339 


South  Haven 
Stanton 

Stiirgis 

Tawas  City 

Tecumseh 

Three  Rivers 

Traverse  City 

Union  City 

Vassar 

West  Bay  City 

"West  Branch 

Willianiston 

Wyandotte 

Ypsilanti 


COUNTY. 

Van  Bureu 

Montcalm 

St.  Joseph 

Iosco 

Lenawee 

St.  Joseph 

Grand  Traverse 

Branch 

Tuscola 

Bay 

Ogemaw 

Ingham 

Wayne 

Washtenaw 


NAMES   OF    ATTORNEYS.      POPULA'N 

W.  N.  Cook.  1,506 

M.  C.  PALMER.  1,740 

T.  C.  Carpenter.  2,500 

E.  E.  Williams.  1,500 

W.  W.  Frazer.  2,353 

W.  O.  Pealer.  3,365 

Pratt,  Hatch  &  Davis.  4,000 

M.  A.  Merrifield.  4,000 

B.  W.  Huston.  1,060 

S.  Flinn.  9,530 

M.  H.  French.  1.500 

E.  D.  Lewis.  1,400 

G.  W.  Coomer.  3,700 

J.  W.  Babbitt.  6,000 


BANKS   IN    MICHIGAN. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  ot  one 
bank  in  each  county  of  this  state  in  which  such  a  banking  institution  is  located. 


PLACE. 

Adrian 

Allegan 

Alpena 

Ann  Arbor 

Bad  Axe 

Bay  City 

Berrien  Spg's 

Big  Rapids 

Caro 

Cassapolis 

Centreville 

Charlevoix 

Charlotte 

Cheboygan 

Coldwater 

Corunna 

Detroit 

East  Saginaw 

Escanaba 

Flint 

Grand  Haven 

Grand  Rapids 

Hastings 

Hillsdale 

Houghton 

Ionia 

Ithaca 

Jackson 

Kalamazoo 


NAME   OF    BANK. 

Lenawee  Co  Savings  B'k 
First  National  Bank 
Alpena  National  Bank 
First  National  Bank 
Frank  W  Hubbard  &  Co 
Second  National  Bank 
Bank  of  Berrien  Springs 
Northern  National  Bank 
Tuscola  County  Bank 
First  National  Bank 

Bank  of  Charlevoix 
First  National  Bank 

Southern  IMichigan  Nat  B'k 
First  National  Bank 
Detroit  National  Bank 
Home  National  Bank 
Exchange  Bank 
First  National  Bank 

a  ((  <( 

Old  National  Bank 
Hastings  National  Bank 
First  National  Bank 
Nat  Bank  of  Houghton 

First  National  Bank 

(t  i(  (( 

Jackson  City  Bank 
Kalamazoo  National  Bank 


CASHIER. 

H.  V.  C.  Hart. 
Leon  Chichester 
Jond  C.  Comfort. 
S.  W.  Clarkson. 
Austin  E.  Case. 
Orrin  Bump. 
Reeves,  Patterson  & 
F.  R.  Fowler. 
John  F.  Seeley. 
C.  H.  Kingsbury. 
L.  B.  Hess. 
W.  P.  Brown. 
W.  P.  Lacey. 
Geo.  F.  Reynolds. 
L.  C.  Rose. 
A.  T.  Nichols. 
C.  M.  Davidson. 
J.  H.  Booth. 
C.  C.  Royce. 
C.  S.  Brown. 
George  Stickney. 
Harvey  J.  HoUister 
William  D.  Hayes. 
C.  F.  Stewart. 
James  B.  Sturgis. 
Frank  A.  Sessions. 
M.  F.  Chafey. 
Benjamin  Newkirk. 
T.  S.  Cobb. 


Co 


PAID  UP 
CAPITAL. 

60,000 

50,000 

50,000 

100, 0<o 

25,000 

250,000 

15,000 

150,000 

25,000 

50,000 

50,000 

25,000 

50,000 

50,000 

165,000 

50,000 

1,000,000 

300,000 

50,000 

200,000 

200,000 

800,000 

100,000 

50.000 

150,000 

100,000 

50,000 

100,000 

150,000 


440 

MICHIGAN. 

PAID  UP 

PLACE. 

NAME   OF   BANK. 

CASHIER, 

CAPITAL. 

Kalkaska 

Bleazby's  Exchange  Bank 

25,000 

Lake  City 

Hopkins,  Stout  &  Co 

H.  Owens. 

10,000 

Lapeer 

First  National  Bank 

C.  G.  White. 

75,000 

Ludington 

il                        U                    il 

Geo.  N.  Stray. 

50,000 

Manistee 

a                 u              <( 

Geo.  A.  Dunham. 

100,000 

Marquette 

u                 ((              a 

M.  L.  Martin,  Jr. 

100,000 

Marshall 

ii                 a              n 

Norris  J.  Frink. 

100,000 

Masou 

Fanners'  Bank 

J.  M.  Dresser. 

75,000 

Menominee 

First  National  Bank 

G.  A.  Blesch. 

50,000 

Midland  City 

State  Bank  of  Midland 

W.  D.  Marsh. 

50,000 

Monroe 

First  National  Bank 

Geo.  Spalding. 

50,000 

Mt.  Clemens 

Mt.  Clemens  Savings  Bank 

Geo.  A.  Skinner. 

50,000 

Mt.  Pleasant 

First  National  Bank 

D.  Scott  Partridge. 

50,000 

Muskegon 

Lumberman's  Nat  Bank 

C.  C.  Billinghurst. 

100,000 

Newago 

Webber  &  Hatch 

M.  F.  Hatch. 

10,000 

Paw  Paw 

First  National  Bank 

E.  F.  Parks. 

100,000 

Pontiac 

U                        ii                    li 

B.  S.  Tregent. 

100,000 

Port  Huron 

a                a              a 

H.  G.  Barnum. 

135,000 

Saginaw 

a                 i(              a 

Smith  Palmer. 

200,000 

Sault'Ste  Marie  Chippewa  County  Bank 

Mead  &  Fowle. 

15,000 

Stanton 

First  National  Bank 

A.  D.  F.  Gardner. 

50,000 

St.  Ignace 

W  A  Burt  &  Co 

10,000 

St.  Johns 

St.  John's  National  Bank 

P.  E.  Walsworth. 

100,000 

Traverse  City 

Hannah  Lay  &  Co 

C.  A.  Crawford. 

150,000 

STATE   OF 

MINNESOTA. 

sum:\IxVry  of 

COLLKCTION     LaW3. 

Court  Calendar,  Instructions  for  taking  Depositions,  Legal  Forms,  Etc. 

Expressly  Prepared  and  Revised  to  Nov.  1st,  laS",  for  "  Showers' 

Legal  Directory  and  Merchants'  Guide.''  for  1888,  by 

E.  Chipman,  of  the  St.  Paul  Bar. 

Ackno-wledgmentS.— May  be  taken  within  the  state  by  judges  and  clerks 
of  courts  of  record,  notaries  public,  justices  of  the  peace,  registers  of  deeds, 
court  commissioners,  county  auditors,  town  and  city  clerks  and  recorders  in 
villages,  within  their  respective  jurisdictions. 

Officers  having  seal  of  office  must  affix  it  to  the  instruments  acknowledged 
before  them. 

Without  the  state,  but  within  the  United  States,  by  judges  and  clerks  of 
courts  of  record,  notaries  public,  justices  of  the  peace,  and  commissioners 
appointed  by  the  governor  of  this  state  for  such  purpose.  Certificates  of 
officers  not  using  a  seal  must  be  authenticated  by  the  certificate  of  the  clerk 
of  a  court  of  record  of  the  county,  district  or  place  within  which  acknow- 
ledgment is  taken  to  the  effect  that  the  person  whose  name  is  subscribed  to 
the  certificate  of  acknowledgment  was,  at  the  date  thereof,  such  officer  as 
he  is  therein  represented  to  be,  that  he  is  acquainted  with  the  handwriting  of 
such  person,  and  that  he  verily  believes  the  signature  subscribed  thereto  to 
be  genuine.  The  certificate  of  the  .secretary  of  state  or  territory,  or  his 
deputy,  that  the  officer,  before  whom  the  acknowledgment  was  taken,  held, 
at  that  date,  his  office  by  appointment  of  the  governor,  is  sufficient. 

The  following  forms  of  acknowledgment  may  be  used  in  cases  of  convey- 
ances or  other  written  instruments  affiecting  real  estate  ;  and  any  acknow- 
ledgment, so  taken  and  certified,  shall  be  sufficient  to  satisfy  all  requirements 
of  law  relating  to  the  execution  and  recording  of  such  instruments.  Begin 
in  all  cases  by  a  caption  specifying  the  state  and  place  where  the  acknowl- 
edgment is  taken. 

1st.     In  the  case  of  natural  persons  acting  in  their  own  right  : 

On  this day  of 18 — ,  before  me  personally  appeared  A.  B.,  (or 

A.  B.  and  C.  D.)  to  me  known  to  be  the  person  (or  persons)  described  in  and 
who  executed  the  foregoing  instiiiment,  and  acknowledged  that  he  (or  they) 
executed  the  same  as  his  (or  their)  free  act  and  deed. 

2nd.     In  the  case  of  natural  persons  acting  by  attorney  : 

On  this day  of 18 — ,  before  me  personally  appeared  A.  B.,  to 

me  known  to  be  the  person  who  executed  the  foregoing  instrument  in  behalf 

of  C.  D.,  and  acknowledged  that  he  executed  the  same,  as  the  free  act  and 

deed  of  said  CD. 

[Min.  1.] 


442  MIMS^ESOTA. 

3rd.     In  the  case  of  corporations  or  joint  stock  associations  : 

On  this day  of 18 — ,  before  me  appeared  A.  B.,  to  me  personally- 
known,  who,  being  by  me  duly  sworn,  (or  affinned)  did  say  that  he  is  the 
president  (or  other  officer  or  agent  of  the  corporation  or  association)  of 
(describing  the  corporation  or  association)  and  that  the  seal  affixed  to  said 
instrument  is  the  corporate  seal  of  said  corporation,  (or  association)  and 
that  said  instrument  was  signed  and  sealed  in  behalf  of  said  cori)oration  (or 
association)  by  authority  of  its  board  of  directors,  (or  trustees)  and  said  A. 
B.  acknowledged  said  instrument  to  be  the  free  act  and  deed  of  said  corpora- 
tion, (or  association). 

In  case  the  corporation  or  association  has  no  corporate  seal,  omit  the 
words  "the  seal  affixed  to  said  instrument  is  the  corporate  seal  of  said  cor- 
poration (or  association)  and  that,"  and  add,  at  the  end  of  the  affidavit 
clause,  the  words,  "and  that  said  corporation  (or  association)  has  no  cor- 
porate seal." 

In  all  cases  add  signature  and  title  of  the  officer  taking  the  acknowledg- 
ment. 

Married  Women. — When  a  married  woman  unites  in  acknowledgment  with 
her  husband  she  shall  be  described  therein  as  his  wife.  No  separate  exami- 
nation of  a  married  woman  in  respect  to  execution  of  any  instrument  shall 
be  required. 

Actions. — But  one  form  of  action.  Distinction  between  actions  at  law 
and  suits  in  equity  abolished.  An  action  must  be  prosecuted  in  the  name  of 
the  real  party  in  interest ;  except  that  the  executors,  administrators  and 
trustees  of  an  express  trust,  or  a  person  expressly  authorized  by  statute, 
may  sue  without  joining  with  him  the  person  for  whose  benefit  the  suit  is 
brought.  Infants  must  appear  by  guardians  ad  litem  appointed  by  the 
court.  Full  name  and  surname  of  parties,  plaintiff  to  a  suit,  are  necessary. 
When  defendant's  name  is  not  known  he  may  be  sued  by  any  name,  and 
when  true  name  is  discovered,  the  process,  pleading  or  proceeding  may  be 
amended  accordingly.  In  such  case  it  must  appear  in  summons  and  com- 
plaint that  defendant  is  sued  by  a  fictitious  name  and  that  real  name  is  not 
known.  In  case  of  a  firm,  when  plaintiffs,  the  full  names  of  all  the  members 
must  appear  in  title  of  cause  ;  when  defendants,  they  may  be  sued  by  their 
firm  name  only.  A  married  woman  may  sue  and  be  sued  as  if  unmarried 
and  without  her  husband. 

Actions  commenced  by  summons,  either  personally  served  or  by  publi- 
cation. Publication  is  made  upon  filing  affidavit  of  plaintiff,  his  agent  or 
attorney,  with  clerk  of  court,  stating  defendant  is  a  non-resident  or  cannot 
be  found  in  the  state,  and  if  residence  is  known,  has  mailed  a  copy  of  sum- 
mons. Publication  had  in  the  following  cases :  1st.  When  defendant  is  a  for- 
eign corporation,  and  has  property  within  this  state.  2nd.  When  defendant, 
being  a  resident,  has  departed  with  intent  to  defraud  creditors,  or  to  avoid 
service  of  summons,  or  keeps  himself  concealed  therein  with  like  intent. 
3rd.  When  the  defendant  is  not  a  resident,  but  has  property  in  the  state, 
and  court  has  jurisdiction  of  subject  of  action.  4th.  In  divorce.  Publica- 
tion in  this  matter  made  upon  order  of  the  court.  5th.  When  the  subject  of 
the  action  is  real  or  personal  property  in  the  state,  and  defendant  has  or 
claims  a  lien  or  interest  therein,  or  relief  demanded  consists  in  excluding  de- 
fendant from  interest  therein.  6th.  Actions  to  foreclose  mortgages,  or 
enforce  liens  on  real  estate  in  county  where  action  is  brought.^  Publication 
made  once  a  week  for  six  successive  weeks,  meaning  seven  times,  in  proper 
county. 

On  appearance  and  demand,  copy  of  complaint  must  be  served  on  adverse 
party  or  attorney  within  twenty  days.  Adverse  party  entitled  to  bill  of  par- 
ticulars of  an  account  on  demand.  After  twenty  days  an  action  on  an 
account,  judgment  by  default,  if  no  answer  or  demurrer  is  made.  In  other 
actions  must  apply  to  court  for  relief. 
[Mln.  2.] 


MINNESOTA.  445 

Administration. — Administration  granted  in  the  following  order  :  1st. 
Widow,  or  next  of  kin,  or  both,  or  such  person  as  they  may  request.  2d.  If 
above  are  incompetent  or  ne<jlect  for  thirty  days,  to  one  or  more  of  principal 
creditors.     3rd.  If  neither  of  above,  the  judge  appoints. 

Jurisdiction  attaches  in  county  where  deceased  resided  if  in  this  state  ;  if 
a  non-resident,  in  any  county  where  part  of  his  estate  is  situated  ;  the  usual 
bonds  are  required. 

Affidavits. — No  particular  form  required.  May  be  made  before  any  one 
competent  to  take  acknowledgments.  ASidavits  taken  out  of  the  state, 
before  any  officer  authorized  to  administer  oaths,  and  certified  by  the  clerk  of 
a  court  of  record,  may  be  used  and  read  upon  the  argument  of  any  motion, 
to  the  same  extent,  and  with  like  effect,  as  if  taken  within  this  state.  If 
such  affidavit  is  taken  before  a  notary  public,  or  commissioner  for  this  state, 
no  such  certificate  required. 

Aliens. — Aliens  may  take,  hold,  transmit  and  convey  real  estate  ;  and  no 
title  to  real  estate  shall  be  invalid  on  account  of  the  alienage  of  any  former 
owner. 

Appeals. — Lie  to  district  court  from  judgment  of  justices'  court,  whea 
it  exceeds  fifteen  dollars,  or  in  replevin,  when  property  exceeds  that  sum,  or 
when  the  amount  claimed  in  complaint  exceeds  thirty  dollars,  and  in  actions 
of  forcible  entry  and  detainer,  and  in  all  cases  upon  questions  of  law  ;  must 
be  taken  within  ten  days  after  judgment ;  appellant  must  file  affidavit  that 
his  appeal  is  in  good  faith  and  not  for  delay,  and  a  bond  to  secure  judgment 
and  costs  of  appeal. 

In  city  of  St.  Paul,  these  appeals  lie  to  municipal  court.  From  probate 
court  to  district  court  upon  questions  of  fact  or  law,  or  both,  or  judgments 
or  orders  affecting  substantial  rights,  within  sixty  days  after  notice  of  judg- 
ment or  order  appealed  from. 

Appeals  from  municipal  courts  lie  to  supreme  court. 

Appeals  "lie  from  district  to  supreme  court,  upon  judgments  and  orders 
in  the  following  cases:  1st.  From  judgments  in  original  and  appealed 
actions.  2d.  From  orders  granting  or  refusing  provisional  remedies  or  in- 
junctions, or  vacating  or  sustaining  attachments.  3d.  From  orders  involving 
merits.  4th.  From  orders  granting  or  refusing  new  trials,  or  upon  demurrers. 
5th.  From  orders  which  determine  actions  and  prevent  judgments,  from 
which  appeals  might  be  taken.  •  6th.  From  final  orders  affecting  substantial 
rights  in  special  proceedings  or  summary  apijlications  after  judgment. 

Arrest. — For  debt  not  allowed  in  this  state. 

Assignments. — Every  assignment  made  by  debtor  or  debtors,  of  the  whole 
or  any  part  of  their  estate,  to  an  assignee,  for  benefit  of  creditors,  shall  be 
void,  unless  assignee  therein  named  is  a  resident  and  freeholder  of  this  state, 
and  unless  such  conveyance  of  assignment  be  in  writing,  subscribed  by 
debtor  or  debtors,  acknowledged  same  as  a  deed,  and  certificate  of  acknowl- 
edgment endorsed  thereon  ;  and  filed  in  the  office  of  the  clerk  of  the  district 
court  in  the  county  where  debtor  resides,  or  wherein  business  in  reference  to 
which  the  same  is  made,  has  been  principally  carried  on. 

Debtor  is  required,  within  ten  days  after  making  assignment,  to  file  with 
the  clerk  aforesaid,  an  inventory,  under  oath,  containing  the  account  of  the 
creditors,  their  place  of  residence,  if  known,  the  amount  due  to  each,  nature 
and  consideration  of  such  indebtedness,  where  it  arose,  whether  secured  or 
not,  and  if  so,  how ;  also  a  complete  inventory  of  debtor's  property,  with 
value  of  each  item,  according  to  his  best  belief. 

The  assignee,  not  later  than  five  days  after  filing  inventory,  shall  execute, 
and  file  with  clerk  of  court  where  such  assignment  is  filed,  a  good  and  suf- 
ficient bond  to  the  state  of  Miimesota,  approved  by  judge  of  district  court, 

[Min.  3.] 


444  MINNESOTA. 

with  two  or  more  sureties,  residents  and  freeholders,  in  at  least  double  the 
amount  of  the  estate  as  shown  by  inventory.  Notice  of  assignment  shall  be 
published,  and  notice  mailed  each  creditor. 

All  claims  must  be  verified  by  oath  of  party,  except  debts  owing  to  the 
United  States  or  state  of  Minnesota,  or  for  taxes  or  assessments.  All  debts 
paid  in  the  following  order : 

1st.  Debts  due  the  United  States,  state  of  Minnesota,  or  for  taxes  and  as- 
sessments levied  and  unpaid,  must  be  paid  in  full  before  payment  of  any 
other. 

2d.  Debts  for  wages  of  servants,  laborers,  merchanics  and  clerks,  for  ser- 
vices performed  within  three  months  next  before  date  of  assignment,  must 
be  paid  in  full  to  exclusion  of  all  other  indebtedness,  and  when  trust  property 
is  insufficient  to  pay  same  in  full,  they  are  paid  pro  rata.  3d.  All  other  debts 
properly  proved,  stand  on  the  same  footing.  Creditors  holding  secured  claims 
must  first  exhaust  security,  or  surrender  same  to  assignee  before  sharing  in 
trust  property. 

All  proceedings  are  subject  to  the  order  and  supervision  of  the  judge 
of  saicl  court,  to  whom  any  creditor  may  apply,  by  petition,  for  distribution 
or  other  relief,  and  such  judge  may  for  cause,  remove  any  assignee,  and 
appoint  another  in  his  stead.  When  an  assignee  has  performed  his  trust,  or 
been  removed,  he  may  be  discharged,  by  order  of  court,  from  further  liability, 
upon  aj^plication  therefor,  with  notice  of  three  weeks,  by  publication  of  such 
intended  apjjlication  ;  or  when  said  trust  estate  shall  be  taken  out  of  his  hands 
by  any  legal  proceedings  in  court,  or  shall  be  declared  void  as  to  creditors, 
or  the  further  administration  of  said  trust  shall  be  imi^racticable,  inadvisable 
or  nugatory,  and  upon  such  notice  as  shall  be  required  by  the  court,  the  as- 
signee may  be  discharged. 

In  all  cases  of  general  assignment  for  benefit  of  creditors,  the  assignee 
shall  be  considered  as  representing  the  rights  and  interest  of  creditors,  as 
against  all  transfers  of  property  which  would  be  fraudulent  or  void  as  to 
creditors,  and  has  all  the  rights  of  the  creditors  in  avoiding  any  such  trans- 
fer. No  provision  for  discharge  of  debtor  from  his  debts,  and  personal 
judgment  may  be  taken  against  him,  notwithstanding  the  assignment,  except 
as  provided  in  insolvent  law  of  1881,  which  must  be  read  in  connection  with 
this  subject.     (See  Insolvent  Laios.) 

Attachments. — Are  allowed  inactions  for  recovery  of  money  against  pro- 
perty of  defendant,  at  time  of  issuing  summons,  or  at  any  time  thereafter, 
and  are  allowed  in  favor  of  residents  and  non-residents  without  distinction. 
Writ  obtained,  after  cause  of  action  has  accrued,  from  judge  of  district  court, 
iipon  affidavit  of  plaintitf,  his  agent  or  attorney,  showing  that  a  cause  of 
action  exists  against  the  defendant,  the  ground  therefor  and  amount  there- 
for ;  that  defendant  is  a  foreign  corporation  or  non-resident,  or  has  departed 
from  the  state,  as  deponent  believes,  with  intent  to  defraud  or  delay  his  credi- 
tors, or  to  avoid  service  of  summons,  or  keeps  himself  concealed  therein  with 
like  intent ;  or  has  assigned,  secreted,  or  disposed,  or  is  about  to  do  so,  of  his 
property,  with  intent  to  delay  or  defraud  creditors,  or  debt  was  fraudulently 
contracted. 

A  bond  with  sufficient  sureties,  to  pay  all  costs  and  damages,  if  defendani 
recovers  judgment  or  writ  is  set  aside,  must  first  be  given  by  plaiutiH". 
Penalty  not  less  than  two  hundred  and  fifty  dollars  ;  and  sureties,  by  rule  of 
court,  must  be  residents  and  freeholders,  and  justify  in  full  amount  of  bond. 

Are  not  allowed  in  cases  of  libel,  slander,  seduction,  breach  of  promise  of 
marriage,  false  imprisonment,  or  assault  and  battery. 

In  a  justices'  court,  a  writ  issues  in  case  of  indebtedness  ux^on  a  contract, 
express  or  implied,  or  up(»n  a  judgment  or  decree  of  same  court,  not  exceed- 
ing one  hundred  dollars,  a  similar  affidavit  as  above  is  required  ;  a  bond  for 
one  hundred  dollars  is  given  to  secure  costs  and  damages,  if  writ  is  not  sus- 
tained. 
IMln.  4.] 


MINNESOTA.  445 

Banks  and  Banking. — Saviuf!:s  and  state  banks  may  be  organized  under 
1  lie  Rtatute.  The  state  banks  may  issue  notes,  but  it  is  not  done.  No  bank 
can  commence  business  until  authorized  by  State  4-uditor.  Stock-holders 
liable  for  double  the  amount  of  their  capital  stock,  to  pay  losses,  etc.  Loans 
not  allowed  on  the  security  of  shares  in  its  own  capital  stock.  Each  bank 
must  have  on  hand,  in  available  funds,  at  least  twenty  per  cent,  of  all  it^ 
immediate  liabilities  ;  one-half  of  this  amount  may  consist  of  balances  due 
from  solvent  banks,  and  one-half  in  cash. 

Quarterly  reports  of  its  assets  and  liabilities,  must  be  filed  with  auditor, 
and  published  in  some  newspajjer  in  place  where  business  is  carried  on. 

Bills  of  Exchange  and  Promissory  Notes. — On  all  bills  of  exchange 
payable  at  sight  or  at  future  day  certain,  and  on  all  negotiable  promissory 
notes,  orders  and  drafts  payable  at  a  future  day  certain,  within  this  state,  in 
which  there  is  no  express  stipulation  to  the  contrary,  grace  is  allowed  ac- 
cording to  the  custom  of  merchants.  No  grace  on  demand  paper.  To 
charge  an  endorser  upon  a  note  payable  on  demand,  presentment  must  be 
made  on  or  before  sixty  days  from  date.  An  acceptance  must  be  in  writing, 
signed  by  acceptor  or  his  authorized  agent. 

Bills  of  exchange,  drafts,  promissory  notes,  and  contracts,  due  or  payable, 
on  Sunday,  Thanksgiving  Day,  Good  Friday,  New  Years  Day,  the  22nd  of 
February,  the  4th  of  July,  or  on  the  following  day  when  either  of  the  four 
days  last  mentioned  occurs  on  Sunday,  shall  be  payable  or  performable  upon 
the  business  day  next  preceding  said  days.  Damages,  five  i)er  cent.,  on 
domestic,  and  ten  per  cent,  on  foreign  paper,  protested. 

Notes  obtained  by  fraudulent  representation,  without  negligence  on  part 
of  maker,  void  ;  question  of  negligence  one  of  fact  for  jury. 

Bills  of  Lading — Warehouse  Receipts. — Bills  of  lading  and  warehouse 
!'ec«ipts,  of  goods  in  storage  or  transit,  are  negotiable,  and  are  trarusferred 
by  endorsement  and  delivery,  xuiless  the  words  "not  negotiable  "  are  plainly 
written  or  stamped  thereon. 

Chattel  Mortgages. — Are  void  as  against  creditors  and  subsequent  pur- 
chasers and  mortgagees  in  good  faith,  unless  accompanied  by  immediate 
delivery  and  followed  by  actual  or  continued  change  of  possession,  or  filed 
with  clerk  of  city  or  town  where  the  mortgagor  resides.  They  cease  to  be  a 
notice  against  creditors,  subsequent  i)urchasers  and  mortgagors  in  good  faith, 
after  two  years,  unless  the  mortgagee,  his  agent  or  attorney,  within  thirty 
days  next  jireceding  the  expiration  of  such  term  of  two  years,  tile  a  copy  of 
such  mortgage,  together  with  the  affidavit,  stating  the  interest  which  the 
mortgagee  has,  by  virtue  of  such  mortgage,  in  the  property  therein  mentioned. 

The  effect  of  such  an  affidavit  continues  for  one  year  only  after  the  time, 
such  mortgage  would  otherwise  cease  to  be  valid  as  against  subsequent  jjur- 
chasers  in  good  faith  ;  but  before  the  time  w  hen  any  such  mortgage  would 
otherwise  cease  to  be  valid  as  af(jresaid,  a  similar  affidavit  may  again  be  filed 
and  annexed  as  above  provided. 

Must  be  acknowledged  before  some  officer  authorized  to  take  acknowledg- 
ments of  deeds.  If  mortgagee  has  remedy  by  sale  of  mortgaged  property, 
ia  case  of  default,  property  may  be  sold  at  public  auction  upon  previous 
written  notice  given  at  least  ten  days  before  sale,  by  serving  a  copy  of  such 
notice  upon  mortgagor,  or  upon  person  in  possession  claiming  same,  if  found 
within  the  city  or  town  where  mortgage  is  filed  ;  if  not  so  foimd,  by  jjosting 
in  three  public  places.  Mortgagee  or  some  person  for  him  may  purchase  at 
such  sale.  Notes  or  other  evidence  of  indebtedness  or  contracts,  whereby 
the  title  to  the  property  for  which  the  same  were  given  remains  in  vendor, 
are  absolutely  void  as  against  the  creditors  of  the  vendee,  subseijuent  j^ur- 
chasers  and  mortgagees  in  good  faith,  unless  the  same,  or  a  copy  thereof,  or, 
if  the  contract  be  oral,  then  a- memorandum  thereof,  be  filed  in  same  manner 
as  a  chattel  mortgage. 

[Min.  5-.] 


446  MINNESOTA. 

Form  of   Chattel  Mortgage. 

Know  all  men  by  these  presents,  that of in  the  county  of- 

and  state  of part of  the  first  part,  bemg  justly  indebted  to- 


part of  the  second  part,  in  the  sum  of dollars,  ha ,  for  the  pur- 
pose of  securing  the  payment  of  said  debt,   granted,  bargamed,  sold  and 

mortgaged,  and  by  these  presents  do grant,  bargain,  sell  and  mortgage, 

xinto  the  said all  that  certain  personal  property  now  in  the  possession 

of in  the  county  of and  State  of  Minnesota,  and  described  as  fol- 
lows, to  wit : 

To  have  and  to  hold,  all  and  singular,  the  personal  property  aforesaid,  to 

the  said  part of  the  second  part, executors,    administrators   and 

assigns,  forever.  And  the  said  part of  the  first  part,  for heirs,  ex- 
ecutors and  administrators,  will  warrant  and  forever  defend  the  title  to  all 

the  personal  property  aforesaid,  unto  the  said  part of  the  second  part, 

executors,  administrators  and  assigns,  against  all  persons  whomsoever. 

Provided,  that  if  the  said  part of  the  first  part  shall  pay,  or  cause  to  be 

paid,  luito  the  said  part of  the  second  pait,  or  to executors,  admin- 
istrators or  assigns,  the  sum  of then  these  presents,  and  everything 

herein  contained,  shall  be  void.  And  it  is  hereby  mutually  covenanted 
between  the  parties  hereto,  that  if  default  shall  be  made  in  the  payment  of 
said  sum  of  money,  or  any  part  thereof,  or  the  legal  interest  thereon,  at  the 
time  when  by  the  conditions  aforesaid  the  same  shall  become  payable,  or  if 
said  property,  or  any  part  thereof,  shall  not  be  properly  taken  care  of,  or 
shall  become  deteriorated  or  damaged,  or  if  any  attempt  shall  be  made  to 

remove  or  dispose  of  said  property,  or  any  part  thereof,  by  the  said  part 

of  the  first  part,  or  any  other  person,  that  thereupon  it  shall  be  lawful  for, 

and  the  said  part of  the  first  part  do hereby  authorize  the  said  part 

of  the  second  part, executors,  administrators  or  assigns,  or 

authorized  agents,  to  enter  upon  the  premises  of  the  said  part of  the  first 

part,  or  any  other  place  or  places  where  the  said  property  or  any  of  the  same 
may  be,  and  remove  and  sell  the  same,  and  all  the  equity  of  redemption  of 

the  said  part of  the  first  part  therein,  at  public  auction,  according  to  the 

statute  in  such  case  made  and  provided and  out  of  the  proceeds  thereof 

to  retain  the  amount  which  shall  then  be  due  to  the  said  part of  the 

second  part,  as  aforesaid, heirs  or  assigns,  together  with  all  reasonable 

charges,  costs  and  expenses  attending  the  same,  rendering  to  the  said  part 

of  the  first  part,  or legal  representatives,  the  surplus  moneys  (if 

any  there  shall  be).     And  until  default  is  made  as  aforesaid,  or  until  any  of 

the  covenants  aforesaid  are  broken,  the  said  part of  the  first  part  may 

continue  in  the  peaceable  possession  of  all  the  said  personal  property  ;  all  of 
which  in  consideration  thereof engage  shall  be  kept  in  as  good  condi- 
tion as  the  same  now  is,  and  taken  care  of  at proper  cost  and  expense. 

In  witness  whereof,  the  said  part of  the  first  part  ha hereunto  set 

hand  and  seal  the— —day  of in  the  year  of  our  Lord  one  thousand 

eight  hundred  and 

(^Signature.') 
State  op  Minnesota,  \ 

County  of j 

Be  it  known,  that  on  this day  of A.  D.  188 — ,  before  me  person- 
ally appeared to  me  well  known  to  be  the  identical  person  described  in 

and  who  executed  the  foregoing  instrument,  and acknowledged  that 

executed  the  same  freely  and  voluntarily,  as free  act  and  deed, 

for  the  uses  and  purposes  therein  expressed. 

(^Signature.) 

Claims  Against  Decedents  Estates.— Claims  against  estates  of  de- 
ceased persons  must  in  all  cases  be  presented  to  probate  judge  for  allowance. 
Time  for  presenting  claims  is  fixed  by  probate  court,  and  camiot  in  first 
instance  be  less  than  six  nor  more  than  eighteen  months ;  but,  for  cause, 
time  may  be  extended  for  a  period  not  longer  than  two  years. 

[Min.  6.1 


MINNESOTA.  447 

Expenses  of  last  illness  and  funeral  and  costs  of  administration  are  paid 
first.  Other  debts,  unless  secured,  are  paid  pro  rata  in  followin<^  order  : 
1st.  Debts  preferred  by  laws  of  United  States.  2d.  Taxes..  3d.  AH  judi;- 
nients  entered  and  docketed  in  this  state  of  which  the  executor  or  adminis- 
trator has  actual  notice  within  six  months  after  death  of  deceased,  and  all 
judgments  docketed  in  county  where  deceased  resided  at  time  of  death  ;  pro- 
vided such  preference  shall  extend  only  to  assets  of  the  estate  derived  from 
real  property  on  which  such  judgments  are  a  lien.  4th.  Debts  due  other 
creditors. 

Conditional  Sales  of  Personal  Property. — No  statutory  provision  other 
than  tiling  notes  and  contracts,     (bee  u ruler  chattel  mortgages.) 

Corporations. — Any  number  of  persons,  not  less  than  five,  in  case  of  cor- 
porations empowered  to  take  private  property  for  public  uses  ;  and  not  less 
than  three,  for  others  for  pecuniary  profit,  may  become  incorporated  under  a 
general  law.  Incorporation  by  special  act,  with  exception  of  municipal  cor- 
porations, prohibited  by  constitution. 

Every  stockholder  in  any  corporation  not  having  banking  privileges,  ex- 
cepting those  organized  for  the  purpose  of  carrying  on  any  kind  of  manufac- 
turing or  mechanical  business,  shall  be  liable  to  the  amount  of  stock  held  or 
owned  by  them. 

The  private  property  of  each  stockholder  is  liable  for  corporated  debts  in 
the  following  cases  :  1st.  For  all  unpaid  instalments  on  stock  owned  by 
him,  or  transferred  for  the  purpose  of  defrauding  creditors.  2d.  For  a 
failure  by  the  corporation  to  comply  substantially  with  the  provisions  as  to 
organizations  and  publicity.  3d.  When  each  stockholder,  in  the  transaction 
of  any  business  of  the  corporation,  as  officer,  director  or  member,  is  guilty 
of  any  fraud,  unfaithfulness,  or  dishonesty  in  the  discharge  of  any  official 
duty. 

Foreign  Corporations  are  served  with  process  by  delivering  a  copy  thereof 
to  the  president,  secretary,  or  any  managing  or  general  agent  of  said  foreign 
corporation,  and  shall  have  the  same  force  and  effect  as  like  service  upon 
domestic  corporations. 

Costs — Security  for. — When  an  action  is  commenced  in  the  district  court 
in  name  of  one  committed  for  crime,  or  wherein  plaintiffs,  or  any  of  them, 
are  non-residents,  or  a  foreign  corporation,  such  plaintiff  shall  file  with  clerk 
of  court  wherein  action  is  brought,  before  the  service  of  the  summons,  a 
l)ond  in  the  penal  sum  of  seventy-five  dollars,  executed  by  one  or  more  sure- 
ties, payable  to  clerk  of  such  court,  for  the  benefit  of  parties  who  may 
become  entitled  to  disbursements  or  costs  in  such  action,  and  conditioned  for 
the  payments  of  the  disbursements  and  costs  that  may  be  adjudged  against 
the  plaintifts  in  the  action.  If,  after  the  commencement  of  the  action,  all 
the  parties  plaintiff  therein  become  non-residents  of  the  state,  or  the  sureties 
in  the  bond  above  provided  for,  remove  from  the  state,  or  become  insolvent, 
the  defendant  may,  on  motion,  by  order  of  the  court,  require  an  additional 
bond  to  be  filed,  payable  and  conditioned  as  above. 

If  any  party  commences  an  action  without  filing  a  bond,  or  fails  to  provide 
an  additional  one,  as  above  required,  the  court,  on  motion  of  the  defendant, 
may  order  a  stay  of  proceedings  in  such  action,  or  a  dismissal  of  such  action 
at  the  cost  of  attorney  commencing  the  same. 

Courts — Terms  and  Jurisdiction. — The  highest  court  in  the  state  is  the 
supreme  court,  and  has  original  jurisdiction  in  all  remedial  cases  as  are  pre- 
scribed by  the  statute,  and  appellate  jurisdiction  in  all  cases  in  law  and 
equity,  but  no  jury  trial  can  be  had  therein. 

Two  general  terms  of  the  supreme  court  are  held  at  the  capital  building  in 
the  city  of  St.  Paul,  one  on  the  first  Tuesday  in  April  and  one  on  the  first 
Tuesday  of  October  of  each  year. 

The  court  consists  of  one  chief  justice  and  four  associate  justices. 

[Min.  -.] 


448 


M[NNESOTA. 


District  Courts  have  original  jurisdiction  in  all  civil  actions  where  the 
amount  exceeds  one  hundred  dollars,  and  in  all  actions  where  a  justice  of 
the  peace  has  not  jurisdiction  without  regard  to  the  amount,  also,  in  all 
equitable  actions  and  proceedings. 

Probate  Courts  have  exclusive  jurisdiction  of  matters  connected  with  set- 
tlement of  estates  of  deceased  persons,  minors,  insane  persons,  and  probate 
of  wills.  No  pleadings  therein.  Terms  in  each  county  monthly.  Special 
terms  can  be  called  at  any  time. 


Court  Calendar.— 


UNITED  STATES  COURT. 


Associate  JuUice  8u,pre}ne  Court,  Hon.  Samuel  F.  Miller,  of  Iowa.  Circuit  Judge, 
Hon.  David  J.  Brewer,  of  Liavenworlh,  Kansas.  District  Judge,  Hon.  R.  R.  Nelson,, 
of  St.  Paul.  Attorney,  (ieo.  N.  Baxter,  Faribault.  Assistant  Attorney,  Daniel  W. 
Lawler,  St.  Paul.  Marshal,  Wm.  M.  Campbell,  Litchfleld.  Clerk  of  Circuit  Oourtf 
Oscar  B.  HlUls,  St.  Paul.     Clerk  of  District  Court,  W.  A.  Spencer,  St.  Paul. 

Terms  of  Circuit  Court.— AX  St,  Paul,  3d  Monday  in  June  and  2d  Monday  in 
December. 

Terms  of  District  Court.— A.t  St.  Paul,  1st  Monday  in  October  ;  At  Winona,  1st 
Monday  in' June. 

SUPREME  COURT  OF  MINNESOTA, 

Chief  .Titstice,  Hon.  James  Gilfillan,  St.  Paul.  Associate  Justices,  Hon.  John  M. 
Berry,  Minneapolis;  Hon.  William  Mitchell,  Winona;  Hon.  Chas.  E.  Vanderburg, 
Minneapolis;  Hon.  David  A.  Dickenson,  St.  Paul.  Clerk,  John  D.  Jones,  Long 
Prarie.  Reporter,  Geo.  B.  Young,  St.  Paul.  Attorney  General,  Moses  E.  Clapp, 
Fergus  Falls, 

DISTRICT  COURT. 

The  State  is  divided  into  sixteen  judicial  districts,  presided  over  by  judges  resi- 
dent therein. 
1st  Distrlot . 
2d  District  . 


.Sd  District  . 
4th  District . 

oth  District , 
6th  District . 
7th  District . 


8th 
9th 
10th 
11th 
12th 
l.Sth 
l^th 
15th 
16th 


District . 
District . 
District . 
District . 
District . 
District . 
District , 
District . 
Distsict . 


.  ,  Hon.  F.  M.  Crosby  of  Hastings,  and  Hon.Wm.  McClure  of  Stillwater. 
.  ,  Hon.  Wescott  Wilkin,  Hon  Hascal  R.  Brill,  Hon.  Orlando  Simons 

and  Hon.  Wm.  Louis  Kelley,  all  of  St.  Paul. 
.  ,  Hon.  Chas.  M.  Start,  of  Rochester. 
.  ,  Hon.  Wm.  Lochran,  Hon.  John  P.  Rea,  Hon.  Austin  H,  Young 

and  Hon.  Henry  G.  Hicks,  all  of  Minneapolis, 
,  .  Hon.  Thomas  S.  Buckham,  of  Faribault. 
,  ,  Hon.  Martin  .1.  Severence,  of  Mankato. 
.  .  Hon.  L.  W.  Collins,  of  St.  Cloud,  and  Hon.  L.  L.  Baxter,  of  Fergus 

Falls. 
.  .  Hon.  J.  C.  Edeon,  of  Glencoe. 
,  ,  Hon.  B.  F.  Weber,  of  New  Ulm. 
.  .  Hon.  John  Q,.  Farmer,  of  Spring  Valley, 
.  .  Hon.  C.  P.  Stearns,  of  Duluth. 
.  .  Hon.  J.  H.  Brown,  of  Willmar. 
.  .  Hon.  A.  D.  Perkins,  of  Windom. 
.  .  Hon.  Ira  B.  Mills,  of  Moornead. 
.  .  Hon.  C.  B.  Sleeper,  of  Brainard. 
.  .  Hon.  Calvin  L.  Brown,  of  Morris. 

TERMS  OP  DISTRICT  COURTS, 


County. 
Aitken  .  ,  . 


Coimfy  Sent.           iVo.  Dz'st, 
Aitken 15 


Anoka . 
Becker , 


Beltrami  . 
Benton  .  . 
Big  Stone  . 
Blue  Earth 
Brown  .  .  . 
Carleton  .  . 
Carver .  .  . 
Cass  .  .  .  . 
Chippewa  . 
(;!hisago  .  . 
Clay  .  .  .  . 


.  Anoka 4 

,  Detroit  City 14 

,  Unorganized 14 

.  Sauk  Rapids 7 

.  Ortonville 16 

,  Mankato 6 

.  New  Ulm 0 

Thompson 11 

("haska S 

.  Unorganized 15 

,  Montevideo 12 

.  Center  City 1 

.  Moorhead 14 


Cook 

[Min.  8.] 


Unorganized 


.11 


Terms. 

4th  Monday  in  September,  the  Judge  of 
the  said  court  may,  by  order  made, 
and  filed  witli  the  clerk  of  said  court, 
at  least  40  days  prior  to  the  4th  Mon- 
day in  March  of  each  year,  convene 
said  court  in  general  term  on  the  4th 
Monday  In  March. 

1st  Mon  in  Feb..  2d  ^lon.  in  Sept. 

1st  Mon.  after  June  11th,  and  2d  Mon. 
after  Nov.  28th. 

Attached  to  Becker. 

2d  Mon.  in  Jan. 

l.st  Tuesdays  in  May  and  Dec. 

1st  Tues.  in  Dec,  3d  Tues.  in  May. 

2d  Mon.  in  April  and  Oct. 

1st  Mon.  in  April  and  Oct. 

2d  Mon.  in  Mar.  and  Sept. 

Attached  to  Crow  Wing 

2d  Tues.  in  May,  4tli  Tues.  in  Oct. 

3d  Tues.  in  Oct. 

1st  Mon.  after  Jan.  1st,  1st  Mon.  after 
July  1st. 

Attached  to  .St.  Louis. 


MINNESOTA. 


449 


County. 
Cottonwood 
Crow  VViug 
Dakota  .  . 
Dodge  .  .  . 
Douglas  .  . 
Faribault  . 
Fillmore  .  . 
Freeborn    . 

Goodhue  . 
Grant  .  .  . 
Hennepin  . 


Houston  . 
Hubbard 
Isanti    .  . 
Itasca   .  . 
Jackson  . 
Kanabec 
Kandiyohi 
Kittson 
Lac  Qui  Parle 
Lake .  .  . 
Le  Sueur 
Lincoln    . 
Ijyon  .  .   . 
Marshall 


Martin  . 
McLeod  . 
Meeker  . 
MiUe  Lacs 
Morrison 
Mower  .  . 
Murray  . 
Nicollet  . 
Nobles  .  . 
Norman  . 
Olmstead 
Otter  Tall 
Pine  .  .  . 
Pipe  Stone 
Folk  .  .  . 
F'ope  .  .  . 
Ramsey  . 


Windona i;{ 

.  Brainard V^-> 

.  Hastings 1 

,  Mantorville .'> 

.  Alexandria 7 

.  Blue  Earth  City     .   .  .   (i 

.  Preston 10 

.  Albert  Lea 10 

.  Red  Wing 1 

.  Elbow  Lake 1(> 

.  Minneapolis 4 


Caledonia 10 

Unorganized 15 

Cambridge 4 

Unorganized 15 

Jackson 13 

Mora 1 

Willmar     12 

Hallock 14 

Lac  Qui  Parle 12 

Unorganized 11 

Le  Sueur  Center    ...   8 

Lake  Benton 9 

Marshall 9 

Warren 4 


Coun'.ij Scat.  No.  Dixt.  Termx. 

1st  Tues.  after  July  1st,  1st  Tues.  in  Jan. 

2d  Mondays  March  and  Sept. 

1st  Tues.  in  June  and  Dec. 

1st  Mon.  in  March,  1st  Tues.  in  Oct. 

1st  Mondays  in  May  and  Oct. 

1st  Tuesdays  in  Jan.  and  June. 

1st  Tues.  in  June,  2d  Tues.  in  Nov. 

4th  Tues.  in  Nov  ,  8d  Tues  in  May,  2d 
Mon.  in  .luly,  if  adjourned. 

2d  Tues.  in  iMar.,  4th  Tues.  in  Oct. 

4th  Tues.  in  May  and  Sept. 

."d  Tues.  in  April,  2d  Tues.  in  Sept.,  1st 
Tues.  in  Dec.  Specials,  for  motions 
every  Saturday,  e.xcept  in  August, 
last  two  in  July  and  flrat  two  in  Sept. 

1st  Tues.  in  May,  8d  Tues.  in  Oct. 

Attached  to  'W'adena. 

4th  Mon.  in  Sept. 

Attached  to  C!row  Wing. 

1st  Tuesdays  in  June  and  Dec. 

Time  to  be  fixed  by  the  Judge. 

1st  Tues.  in  March,  od  Tues.  in  Sept. 

4th  Mon.  in  March. 

1st  Tues.  in  .Tune. 

Attaclied  to  St.  Louis. 

2d  Mon.  in  April,  1st  Mon.  in  Oct. 

1st  Tues.  after  .Jan.  1st  and  July  4th. 

2d  Tuesdays  in  June  and  Dec. 

Last  Monday  but  one  in  May,  3d  Mon- 
day in  Nov. 

2d  Tues.  in  Sept. 

2d  Mondays  in  May  and  November. 

3d  Tues.  in  Feb.,  1st  Tues.  in  Sept. 

4th  Mon.  in  Jan. 

1st  Mon.  in  March,  3d  Mon.  iu  Sept. 

3d  Tues.  in  March  and  Sept. 

3d  Tuesdays  in  April  and  Oct. 

4th  Mons. 'in  April  and  Oct. 

1st  Tuesdays  in  March  and  Nov. 

3d  Mon.  in  May,  2d  IMon.  in  Nov. 

1st  Mondays  in  June  and  Dec. 

3d  Mon.  in  May,  2d  Mon.  in  Nov. 

1st  Tues.  in  Oct. 

3d  Tuesdays  May  and  Dec. 

1st  Mondays  June  and  Dec. 

2d  Mon.  in  March,  3d  Mon.  in  Oct. 

2d  Tues.  in  Jan.,  1st  Tues.  iu  May,  last 
Tues.  in  Sept.  Special  for  motions, 
every  Saturday  except  during  July. 

2d  Tuesdays  in  May  and  Nov. 

4th  Tuesdays  in  May  and  Nov. 

1st  Tues.  In  May,  2d  Tues.  after  1st  Mon- 
in  Nov. 

3d  Tuesdays  in  March  and  Sept. 

1st  Mon.  after  Jan.  1st,  last  Mon.  in 
April,  and  1st  Mon.  in  Sept. 

2d  Mondays  in  June  and  Dec. 

1st  Mon.  in  Feb. 

4th  Mondays  in  May  and  Nov. 

2d  Mon.  in  June,  Is't  Mod.  in  Dec. 

1st  Tuesdays  in  .Tune  and  Dec 

3d  Tuesdaj's  in  May  and  Nov. 

:k\  Tues.  in  March,  1st  Tues.  in  Oct. 

3d  Mon.  in  Feb. 

2d  Tuesdays  in  Rfarch  and  Oct. 

3d  Mon.  in  May,  ild  Mon.  in  Nov. 

1st  Mon.  after  May  2!';tli,  4th  Mon.  in  Nov. 

3d  Tuesdays  in  March  and  Oct. 

4th  Tues.  in  May  2d  Tues.  in  Nov. 

3d  Tues.  in  Nov. 

1st  Tuesdays  in  March  and  Oct. 

2d  Mondays  in  March  and  Oct. 

1st  Mondays  in  June  and  Dec. 


.  Fairmount 6 

.  Glencoo 8 

.  Litchfield 12 

.  Princeton 7 

.  Little  Falls 7 

.  Austin 10 

.  Currie 13 

.  St.  Peter 9 

.  Worthington 13 

.  Ada 14 

.  Rochester 3 

.  Fergus  Falls 7 

.  Pine  City 1 

.  Pipe  Stone 13 

.  Crookston 14 

.  Glenwood 7 

.  St.  Paul 2 


Redwood    .  .  .  Redwood  Falls   ....   9 

Renville  ....  Beaver  Falls 9 

Rice Faribault 5 

Rock Luverne 13 

St.  Louis  ....  Duluth     H 

Scott Shokopee 8 

Sherburne  .  .  .  Elk  River 7 

Sibley Henderson 8 

Stearns    ....  St.  Cloud 7 

Steele Owatonna 5 

.Stevens    ....  Morris 18 

Swia Benson     12 

Todd Ijong  Prairie 7 

Traverse  ....  Browns  Valley    .  .  .   .  Ifi 

Wabasha    .   .   .  Wabasha    .   ." 3 

Wadena  ....  Wadena 15 

Waseka   ....  Waseka 5 

Washington  .  .  Stillwater 1 

Watonwan    .  .  St.  .lames (> 

Wilkin     ....  Breckenridgc Ifi 

Winona  ....  Winona 3 

Wright     ....  Buffalo 4 

Yellow  Medicine  .  Granite  Falls    ...  12 
Probate  Courtx 


1st  Tues.  in  May,  3d  Tues.  in  Oct. 
Terms  are  held  at  the  county  seat  of  each  organized  county,  on 
the  1st  Monday  of  eacli  month. 

Special  terms  are  called  in  discretion  of  the  judges. 

Municipal  Court  of  St.  Paul.    Hold  terms  to  hear  civil  cases  every  Tuesday  at 
10  A.  M. 

Justice  Courts.    Are  usually  open  at  all  times  during  the  dav. 

[.Min.  9.] 


450  MINNESOTA. 

Curtesy. — Act  relating  to  repealed,  saving  all  vested  rights.  {See  Descent 
and  Distribution.) 

Deeds. — Conveyance  of  laud,  or  of  any  estate  or  interest  therein,  may  he 
made  hy  deed,  executed  hy  any  person  having  authority  to  convey  the  same, 
or  by  his  attorney,  and  acknowledged  and  recorded  in  the  registry  of  deeds 
for  the  county  where  the  lands  lie,  without  any  other  act  or  ceremony. 

Deeds  shall  be  in  writing,  executed  in  the  presence  of  two  witnesses,  who 
shall  subscribe  their  names  thereto  as  such,  and  may  be  acknowledged  by 
grantor  or  grantors  before  officers  authorized  to  take  acknowledgment. 

(See  acknoioledgments.) 

A  deed  of  quit  claim  and  release  is  sufficient  to  pass  all  the  estate  which 
the  grantor  could  convey  by  deed  of  bargain  and  sale.  The  word  "heir" 
or  "heirs"  or  other  words  of  inheritance  shall  not  be  necessary  to  create  or 
convey  an  estate  in  fee  simple.  Married  women  convey  by  joining  their  hus- 
bands in  the  deed.     She  is  liable  on  her  covenants  as  a  fern*  sole. 

As  between  grantor  and  grantee  a  deed  is  valid  though  not  acknowledged, 
but  without  acknowledgment  in  form  substantially  as  above  is  not  entitled  to 
record. 

Form  of  Warranty  Deed. 

This  indenture,  made  this day  of in  the  year  of  our  Lord  one 

thousand  eight  hundred  and between part    of  the  first  part,  and 

part    of  the  second  part,  Witnesseth,  That  the  said  part    of  the  first 

part,  in  consideration  of  the  sum  of Dollars,  to in  hand  paid  bylthe 

said  part  of  the  second  part,  the  receipt  whereof  is  hereby  acknowledged, 
ha    granted,  bargained,  sold  and  conveyed,  and  do    by  these  presents  grant, 

bargain,  sell  and  convey,  to  the  said  part    of  the  second  part heirs 

and  assigns,  forever,    all tract  ,   piece    or  parcel  of  land,   lymg   and 

being  in  the  county  of and  State  of  Minnesota,  described  as  follows 

to  wit : — 

To  have  and  to  hold  the  same,  together  with  all  the  hereditaments  and 
appurtenances  therevinto  belonging  or  in  anywise  appertaining  to  the -said 
part    of  the  second  part,  heirs  and  assigns,  forever. 

And  the  said part    of  the  first  i^art,  do    covenant  with  the  said  part 

of  the  second  part, heirs  and  assigns,    as  follows:      1st,  that 

lawfully  seized  of  said  premises ;  2nd,  that, good    right    to    convey 

the  same ;    3rd,    that  the  same  are  free  from  all  incumbrances ; and 

4th,  that  the  said  i^art      of  the  second  part, heirs  and  assigns,  shall 

quietly  enjoy  and  possess  the  same  ;  and  that  the  said  part  of  the  first  i^art 
will  warrant  and  defend  the  title  to  the  same  against  all  lawful  claims. 

In  testimony  whereof,  the  said  part    of  the  first  part  ha    hereunto  set 

hand  and  seal  the  day  and  year  first  above  written. 

(Signature.) 

State  of  Minnesota,  > 

County  op  5 

Be  it  known,  that  on  this day  of A.  D.  188  ,  personally  ap- 
peared before  me to  me  known  to  be  the  person  described  in  and  who 

•executed  the  foregoing  instrument,  and  acknowledged  that  he  executed  the 
same  as own  free  act  and  deed. 

Descent  and  Distributions. — Surviving  husband  or  wife  is  entitled  to 
hold  for  the  term  of  his  or  licr  natural  life,  free  from  all  claims  on  account 
of  debts  of  deceased,  the  liomcstead  of  such  deceased. 

Such  survivor  also  entitled  to  and  shall  hold  in  fee  simple,  or  by  such  in- 
ferior tenure  as  the  deceased  at  any  time  being  seized  or  possessed  thereof, 
one  equal,  undivided  one-tliird  of  all  other  lands  of  which  the  deceased  was 
;it  any  time  during  coverture  seized  or  possessed,  free  from  any  testamentary 
£Min.  10.] 


MINNESOTA.  4-31 

or  other  disposition  thereof  to  which  such  survivor  shall  not  have  assented 
in  writing,  but  subject,  in  its  just  proportion  with  the  other  real  estate,  to  the 
l)aynieuts  of  such  debts  of  the  deceased  as  are  not  paid  from  the  personal 
■  estate.  The  residue  of  such  real  estate,  or  if  there  be  no  surviving  husband 
or  wife  of  such  intestate,  then  the  whole  thereof  shall  descend,  subject  to  the 
debts  of  the  intestate,  in  the  manner  following.  1st.  In  equal  shares  to  the 
children,  and  to  the  lawful  issue  of  any  deceased  child,  ))y  right  of  represen- 
tation. 2d.  If  there  be  no  child,  and  lawful  issue  of  any  deceased  child  of 
the  intestate  living  at  his  death,  his  estate  shall  descend  to  his  father.  3d.  If 
the  intestate  leaves  no  issue  nor  father,  his  estate  shall  descend,  one  equal 
one-third  to  his  mother,  and  the  residue  in  equal  ^hares  to  his  brothers  and 
sisters,  and  to  the  lawful  issue  of  any  deceased  brother  or  sister  by  right  of 
representation.  4t]i.  If  the  intestate  leaves  no  issue  nor  father,  and  no 
brother  nor  sister  living  at  his  death,  his  estate  shall  descend  to  his  mother,  to 
tlie  exclusion  of  the  issue,  of  any  of  the  deceased  brothers  or  sisters.  5th. 
If  the  intestate  leaves  no  issue,  nor  father  nor  mother,  his  estate  shall  descend 
in  equal  shares  to  his  brothers  and  sisters,  and  to  the  lawful  issue  of  any 
deceased  brother  or  sister,  by  riglit  of  representation.  6th.  If  the  intestate 
leaves  no  issue,  and  no  father,  mother,  brother  or  sister,  his  estate  shall  de- 
scend to  his  next  of  kin,  in  e(iual  degree  ;  excepting  that  when  there  are  two 
or  more  collateral  kindred  in  ec^ual  degree,  but  claiming  through  nearest 
ancestor  shall  be  preferred.  7th.  If  any  person  dies,  leaving  several  children, 
or  leaving  one  child  and  the  issue  of  one  or  more  other  children,  and  any 
such  surviving  child  dies  under  age,  and  not  having  been  married,  all  the 
estate  that  came  to  the  deceased  child  by  inheritance  from  such  deceased 
parent  shall  descend  in  equal  shares  to  the  other  children  of  the  same  parent, 
and  to  the  issue  of  and  such  other  children  who  have  died,  by  right  of  re- 
presentation. 8th.  That  at  the  death  of  such  child  who  dies  under  age,  and 
not  having  been  married,  all  the  other  children  of  his  said  parents  are  also 
dead,  and  any  of  them  has  left  issue,  the  estate  that  came  to  said  child  by 
inheritance  from  his  said  parent  shall  descend  to  all  the  issue  of  other  chil- 
dren of  the  same  parent ;  and  if  all  the  said  issue  in  the  same  degree  of  kin- 
dred to  said  child,  they  shall  have  the  said  estate  equally  ;  otherwise,  they 
shall  take  accoi'ding  to  the  right  of  representation.  9th.  If  the  intestate 
leaves  a  surviving  husband  or  wife,  and  no  kindred,  his  or  her  estate  shall 
■descend  to  such  survivor.  10th.  If  the  intestate  leaves  no  husband  or  wife, 
or  kindred  his  or  her  estate  shall  escheat  to  the  state. 

,If  at  the  time  of  the  death  of  intestate,  the  surviving  hus^nd  or  widow 
:shall  have  wilfully  and  without  cause  deserted  and  lived  separate  and  apart 
from  said  deeea.sed  for  the  space  of  one  year,  immediately  prior  to  such  de- 
cease, such  survivor  forfeits  all  interest  whatsoever  in  any  of  the  lands  of 
deceased. 

Degrees  of  kindred  computed  according  to  rules  of  civil  law. 

Kindred  of  half  blood  shall  inherit  equally  with  those  of  whole  blood  of 
same  degree. 

Persowd  Estate. — Descent  the  same  as  real  property,  except  that  before 
there  is  any  distribution,  sundry  small  provisions  are  made  for  support  of 
of  widow  and  children  under  ten  years  of  age. 

Depositions. —  Within  this  state  :  When  the  witness  lives  more  than  thirty 
miles  from  place  of  trial,  or  is  about  to  go  out  of  the  state,  and  not  to  return 
in  time  for  trial,  or  is  so  sick,  infirm  or  aged  as  to  make  it  probable  he  will 
not  be  able  to  attend,  his  deposition  may  be  taken  before  any  justice  of  the 
peace  to  whom  either  party  may  apply,  upon  notice,  to  adverse  party,  of  one 
day,  and  also  allowing  time  for  his  travel  to  the  place  appointed  after  being 
notified,  not  less  than  at  the  rate  of  one  day,  Sundays  excepted,  for  every 
twenty  miles  travel. 

Withoitt  the  State. — The  deposition  of  any  witness  without  this  state  may 
be  taken  under  a  commission  issued  to  any  competent  person  in  any  state  or 
county  ;  1st.  "When  an  issue  has  been  joined  in  an  action  in  a  court  of  record 
in  this  state,  and  it  shall  appear,  on  the  application  of  either  party,  that  any 

[Min.  11.] 


462  MINNESOTA. 

witness  not  residing  in  this  state  is  material  in  the  prosecution  or  defense  of 
such  action,  and  that  due  notice  of  such  application  was  served  upon  the  ad- 
verse party  at  least  eight  days  before  application  is  made,  2d.  When  in  an 
action  commenced  in  a  covirt  of  record  in  this  state,  the  time  of  answering 
the  complaint  is  expired,  and  the  defendant  has  not  answered  or  demurred, 
and  it  appears  that  the  testimony  of  a  witness  not  residing  in  the  state  is 
material  to  establish  facts  or  enable  court  to  render  judgment. 

When  application  is  made  by  plaintiff,  and  there  is  no  appearance,  may  be 
made  exparte,  without  notice,  and  deposition  may  be  taken  upon  interroga- 
tories filed  by  the  plaintiff,  and  annexed  to  the  commission.  In  all  other 
cases,  such  depositions  shall  be  taken  under  a  commission,  and  upon  written 
interrogatories,  to  be  exhibited  to  adverse  party,  or  his  attorney,  and  cross 
interrogatories,  to  be  filed  by  him  if  he  sees  fit. 

Parties  may,  by  stipulation  in  writing,  agree  on  any  other  mode  of  taking 
depositions,  and,  when  taken  pursuant  to  such  stipulations,  they  may  be 
used  upon  the  trial,  with  like  force  and  efiect  as  if  taken  as  herein 
I)rovided. 

Notice  : — Whenever  the  testimony  of  any  person  within  or  without  the- 
state  is  wanted  in  any  civil  action  or  proceeding  in  any  court  in  this  state, 
the  same  may  be  taken  by  and  before  any  officer  authorized  to  administer  an 
oath  in  the  state  or  territory  in  which  the  testimony  of  such  person  may  be 
taken,  upon  notice  of  adverse  party  of  time  and  jjlace  of  taking  same.  No- 
tice to  be  in  writing,  and  served  as  other  notices  in  civil  actions,  giving  ad- 
verse party  sufficient  time,  by  usual  route  of  travel,  allowing  one  day  for 
every  hundred  miles  of  distance  between  place  of  service  and  place  of  taking 
such  testimony,  and  one  day  for  preparation,  exclusive  of  Sundays  and  day 
of  service.  Examination,  if  so  stated  in  notice,  may  be  adjourned  from  day 
to  day.  Court  may,  on  motion,  by  order  in  cause  designate  time  and  place, 
and  a  time  of  serving  order  when  defendant  is  in  default,  Jiotice  or  order 
need  not  be  served, 

JTow  taken,  autlienMcated  and  returned. — At  any  time  and  place  specified 
in  the  notice  or  order,  or  within  one  hour  thereafter,  the  examination  shall 
commence.  Each  witness  shall,  before  testifying,  be  sworn  by  the  ofiicer 
to  testify  the  whole  truth,  and  nothing  but  the  truth,  relative  to  the  cause 
specified  in  notice  or  order.  The  testimony  shall  be  written  by  the  officer. 
The  proceedings  may  be  adjourned  from  day  to  day  until  the  examinations 
are  closed,       • 

Either  party  may  appear  in  person,  or  by  agent  or  attorney,  and  take  part 
in  the  examination.  The  testimony  when  complete,  shall  be  read  over  by 
officer  to  witness,  who  may  qualify  or  add  thereto.  When  deposition  is  com- 
I)leted,  witness  shall  sign  his  name  at  the  end  thereof,  as  well  as  upon  each 
piece  of  paper  on  which  any  portion  of  his  testimony  is  written.  Thereupon, 
officer  shall  annex  a  copy  of  the  notice  or  order,  and  a  certificate,  vmdcr  his 
hand  and  official  seal,  if  he  has  one,  stating  what  office  he  held  and  exerciser! 
when  taking  such  dei)ositions,  and  that  by  virtue  thereof  he  was  then  and 
there  authorized  to  administer  an  oath  ;  that  each  witness,  before  testifying, 
was  duly  sworn  to  testify  the  truth,  and  nothing  but  the  truth,  relative  t«> 
said  cause,  and  that  each  of  such  depositions  were  taken  pursuant  to  such 
notice  or  order,  and  who,  if  any  one,  examined  for  ])arties  representively. 
Such  certificate  shall  Xm  prima  facie  evidence  of  matters  therein  stated. 

Directions  for  taking  Depositions. 

1st.  Give  state,  county,  court  and  title  of  cause',  as  Ciuiid  iu  ilic  stii)u- 
lation. 

2d.  Prefix  the  testimony  of  each  witness  witli  tiie  f^illowiiig  : 

"Testimony  of ,  in  the  county  of ,  and  state  of ,  taken  before 

,  Notary  Public,  by  virtue  of  the  stipulation  luTcto  attached,  as  stated 

in  the  return  thereto. 
[Min.  12.] 


MINNESOTA.  4-53 

3fl.  Do  not  CKpy  the  interroijatoiies,  or  cross-iaterrogatories,  but  before 
■each  answer  put  the  following  : 

"To  tlie  first  interrogatory  tiie  witnesses  deposes  and  says." 
"To  the  second  interrogatory  the  witness,  tSic."' 

4th,  At  the  end  of  the  deposition,  the  witness  should  sign  his  name,  and 
the  offieer  should  add  jurat  us  follows  : 

Subscribed  and  sworn  to  before  me, 188 — .  i 

[l.  S.]  Notary  Public."     ) 

5.  Before  examination,  each  witness  should  be  sworn  as  follows: 

"You  do  solemnly  swear  that  the  evidence  you  shall  give  relativii  to 
the  cause  now  under  consideration,  shall  be  the  whole  truth  anil  nothing  but 
the  truth,  so  help  you  God." 

6th,  Form  the  papers  into  one  package,  fastened  together  .securely  in  tlie 
following  order  : 

Stipulation,    interrogatories   and   cross-interrogatories,    depositions 
exhibits  (if  any),  and  return. 

(Add  a  minute  of  the  fees  officer  and  witnesses,  and  by  whom  paid.) 

Enclose   the    package   in   an  envelope   and    address   it   to    " ,    clerk 

of ." 

Across  the  end  of  the  envelope  endorse,  ' '  Deposition  in  case  of . ' ' 

The  package  may  be  sent  by  mail,  express  or  private  conveyance. 

7th.  The  return  (which  may  be  endorsed  on  the  stipulation,  or  on  a  sepa- 
rate paper,  and  attached  to  the  stipulation,  or  at  the  end  of  the  i)ackage) — • 
should  be  in  the  following  form  : 

"I,  ,  Notary  Public  within  and  for  the ,  do  certify  that  by  vir- 
tue of  the  within  and  foregoing  stipulation,  the  testimony  of was  taken 

before  me  at ,  in ,  on  the —  day  of ,  188 — ,  between  the  hours  of — , 

and  was  reduced  to  writing  by  myself  (or  by  deponent,  or  by ,  a  dis- 
interested person,  in  my  presence  and  under  my  direction).  That  the  said 
testimony  was  taken  by  and  pursuant  to  the  authority  and  recpiirements  of 
the  said  stipulation,  upon  the  interrogatories annexed  and  herewith  re- 
turned.    That ,  said  witness,  before  examination,  was  sworn  to  testify 

the  whole  truth  and  nothing  but  the  truth  relative  to  the  cause  specified  in 
said  stipulation,  and  that  the  testimony  of  said  witnesses  was  carefully  read 
to  (or  by) ,  said  witness,  by  me,  and  then  by  him  subscribed  in  my  pres- 
ence. 


Notary  Public." 

Divorce. — From  Inmds  of  matrimony  decreed  by  district  court  on  suit 
brought  in  the  county  where  the  parties  or  either  of  them  reside,  for  either 
of  the  following  causes :  1st.  Adultery;  2d.  Impotency  ;  od.  Cruel  and  in- 
human treatment ;  4th.  "When  either  party,  subsequent  to  the  marriage  has 
been  sentenced  to  imprisonment,  after  divorce  granted  from  this  cause,  pardi  )n 
does  not  restore  conjugal  rights  ;  5th.  Wilful  desertion  for  tlie  term  of  thret; 
years  ;  6th.  Habitual  drunkenness  for  space  of  one  year.  Complainant  must 
have  resided  in  the  state  one  year  immediately  preceding  filing  of  complaint, 
except  for  adultery  committed  while  complainant  was  a  resident  therein. 

When  adultery  is  established,  court  may  deny  divorce,  when  it  appears 
that  the  ottence  was  committed  by  the  procurement  or  with  the  connivance 
of  the  complainant ;  when  there  has  been  an  express  forgiveness  of  the  adul- 
tery, or  a  voluntary  co-habitation  of  the  parties,  with  knowledge  of  offence  ; 
when  action  has   not   been   brought   within  three  years   after  discovery  of 

[Min,  13] 


454  MINNESOTA. 

offence  charged ;  when  it  is  proved  that  jilaintiif  has  also  been  guilty  of 
adultery. 

Action  brought  by  wife  in  her  own  name,  commenced  by  summons  and 
complaint.  The  complaint  shall  contam  names  and  ages  of  parties,  name  of 
court  where  action  is  brought,  and  statement  of  facts  in  ordinary  and  concise 
language.  Service  made  personally,  or  where  defendant  is  out  of  the  state 
and  cannot  be  found  by  publication.  Defendant  has  thirty  days  to  answer. 
Alimony  and  custody  of  children  regulated  by  order  of  court. 

Limited  divorces,  permanent  or  temporary,  may  be  decreed  for  :  1st.  Cruelty 
by  husband  ;  2d.  Such  conduct  by  husband  as  renders  co-habitation  unsafe 
for  wife  ;  3d.  Abandonment  by  husband,  and  neglect  or  refusal  to  provide 
for  wife. 

Temporary  alimony  may  be  decreed,  and  proceedings  are  the  same  as  in 
cases  of  absolute  divorce. 

Dower. — Abolished  by  statute.     {See  Descent  and  Distribution.) 

Evidence. — AH  persons,  save  as  hereinafter  mentioned,  may  be  witnesses. 
No  one  excluded  on  account  of  interest,  conviction  of  crime,  or  religious^ 
opinion  or  belief.  Persons  of  unsound  mind,  or  intoxicated,  and  children 
under  ten  years  of  age,  who  appear  incapable  of  relating  facts  truly,  cannot 
testify.  Exceptions  are  made  to  privileged  communications  between  hus- 
band and  wife,  attorney  and  client,  clergymen  and  persons  in  regard  to  con- 
fessions, physician  and  patient,  and  public  officers,  as  to  communications 
made  to  them  in  official  confidence. 

No  party  to  action,  or  interested  in  event  thereof,  can  give  evidence  there- 
in, of  or  concerning  any  conversation  with,  or  admission  of,  a  deceased  or 
insane  party  or  person,  relative  to  any  matter  at  issue  between  the  parties. 

Records  and  judicial  proceedings  of  any  court  in  the  United  States,  admis- 
sible in  all  cases  where  authenticated  by  officer  having  charge  of  records, 
with  seal  of  court  annexed. 

Copies  of  all  records  and  papers  belonging  to,  and  being  in  the  Govern- 
mental departments,  authenticated  as  such  according  to  the  laws  of  the 
United  States,  so  as  to  be  serviceable  as  evidence  in  United  States  Courts, 
admissible. 

In  actions  brought  on  promissoiy  notes  or  bills  of  exchange  by  the  endorser, 
the  possession  of  the  note  or  bill  is  prima  facie  evidence  that  the  same  waa 
endorsed  by  the  person  by  whom  it  purports  to  be  endorsed  ;  and  every  writ- 
ten instrument  purporting  to  have  been  signed  or  executed  by  any  person, 
shall  be  proof  that  it  was  so  signed  or  executed,  until  the  person  by  whoni  it 
purports  to  have  been  signed  or  executed  shall  deny  the  signature,  or  ex- 
ecuted shall  deny  the  signature  or  execution  of  the  same  by  his  oath  or  affi- 
davit :  but  this  section  shall  not  extend  to  instruments  purporting  to  have 
been  signed  or  executed  by  any  person  who  shall  have  died  previous  to  the 
requirement  of  such  proof. 

Executions. — May  issue  from  district  courts  at  any  time  within  ten  years 
after  judgment,  and  to  any  county  where  a  transcript  has  been  docketed. 

Executions  are  returnable  in  sixty  days,  but  may  be  renewed  for  sixty  days 
at  a  time,  upon  request  of  judgment-creditor  or  his  attorney.  Personalty  is 
first  levied  on,  and  is  sold  at  ten  days  notice  ;  real  estate,  after  six  weeks 
publication.  Injustices'  courts,  execution  may  issue  ten  days  after  entry  of 
judgment,  returnable  in  thirty  days,  and  renewable  from  time  to  time  for 
periods  of  thirty  days. 

Executors. — Probate  court,  upon  proof  of  will,  shall  issue  letters  to  exe- 
cutor therein  named,  if  he  is  legally  competent,  accepts  the  trust  and  gives 
bond.  The  last  is  in  a  reasonable  sum,  and  conditioned  to  make,  within 
three  months,  a  true  inventory  of  all  matters  connected  with  the  estate,  to 
pay  and  discharge  all  debts,  legacies,  etc.,  or  such  dividends  as  are  ordered, 
to  administer  estate  according  to  law,  and  to  render  time  account  to  court. 
within  one  year,  or  at  any  other  time  as  required  by  court. 
[Min,  14.1 


MINNESOTA.  455 

When  testator  requests  that  executor  gives  uo  bond,  court  may  order  oue 
so  as  to  protect  creditors. 

When  executor  is  residuary  legatee,  he  may  give  bond  to  pay  debts  and 
legacies,  but  shall  be  required  to  return  inventory. 

No  person  named  as  executor,  who  neglects  to  accept  tnist,  or  give  bond 
for  twenty  days  after  probate  of  will,  shall  act  as  such. 

When  minor  is  namt-il,  during  minority,  administration  shall  be  granted 
with  will  annexed,  and  on  liis  arriving  at  full  age,  he  is  admitted  as  joint 
executor.  When  an  unmarried  woman,  who  is  executrix,  marries,  her  mar- 
riage shall  not  extinguish  her  authority. 

When  an  executor  resides  out  of  state,  or  neglects,  after  due  notice  given 
by  judge  of  probate,  to  rentier  his  account  and  sell  the  estate  according  to 
law,  or  perform  any  decree  of  the  court,  or  absconds,  or  becomes  insane,  or 
otherwise  incapable  or  unsuitable  to  discharge  the  trust,  he  may  be  removetl. 

When  an  executor  dies,  is  removed,  or  his  authority  is  extinguished,  the 
remaining  executor,  if  there  is  one,  may  execute  the  trust,  if  there  be  none, 
administration  with  will  annexed,  is  granted.  The  executor  of  an  executor 
shall  not,  as  such,  administer  the  estate  of  the  first  testator. 

Exemptions. — Homestead  is  exempt,  (as  to  what  constitutes,  see  home- 
stead.) Also  the  following  property:  family  bible,  family  pictures,  school 
books  or  library,  and  musical  instruments  for  use  of  family,  pew  or  seat  in 
l)lace  of  public  worship,  lot  in  burial  ground,  all  wearing  apparel  of  debtor 
and  family,  furniture  not  exceeding  five  hundred  dollars  in  value  ;  all  moneys 
arising  from  insurance  of  any  property  exempted  from  sale  on  execution, 
when  such  property  has  been  destroyed  by  fire.  The  following  shall  extend 
only  to  debtors  having  an  actual  residence  in  this  state  ;  Three  cows,  ten 
swine,  one  yoke  of  oxen  and  a  horse,  or,  in  lieu  of  one  yoke  of  oxen,  and  a 
horse,  a  span  of  horses  or  mules,  twenty  sheep,  and  the  wool  from  same, 
either  raw  material  or  manufactured  into  yam  or  cloth ;  the  necessary  food 
for  all  the  above  mentioned  stock  for  one  year's  support,  either  provided  or 
growing,  or  both,  also  oue  wagon,  cart  or  dray,  one  sleigh,  two  plows,  one 
drag,  and  other  farming  vitensils,  including  tackle  for  teams,  not  exceeding 
three  hundred  dollars  in  value  ;  the  provisions  for  the  debtor  and  his  family 
necessary  for  one  year's  support,  either  provided  or  growing,  or  both,  and 
fuel  necessary  for  one  year;  the  tools  and  instiiiments  of  any  mechanit-, 
miner,  or  other  person,  used  and  kept  for  the  purpose  of  carrying  on  his 
trade,  and,  in  addition  thereto,  stock  in  trade  not  exceeding  four  hundred 
dollars  in  value  ;  the  library  and  implements  of  any  professional  man  ;  all 
of  which  articles  shall  be  chosen  by  debtor,  his  agent,  clerk  or  legal  repre- 
sentative ;  also  all  the  presses,  stones,  type,  cases,  and  other  tools  and  imple- 
ments used  by  a  co-partnership,  or  by  any  j^rinter,  publisher  or  editor,  or  by 
any  person  hired  by  him  to  use  them,  not  to  exceed  two  thousand  dollars, 
together  with  stock  in  trade  not  exceeding  four  hundred  dollars  ;  one  sewing- 
machine  ;  necessary  seed  grain  for  the  actual  ])ersonal  use  of  the  debtor 
for  one  season,  not  exceeding  fifty  bushels  of  Avheat,  fifty  bushels  of  oats, 
fifteen  bushels  of  potatoes,  three  bushels  of  corn,  and  thirty  bushels  of 
barley. 

The  wages  of  the  laboring  man  or  woman  or  his  or  her  minor  children,  in 
any  .sum  not  exceeding  twenty  dt)llars,  due  for  services  I'endered  by  him  oi* 
them  for  any  jjerson  for  and  during  ninety  days  preceding  the  issue  of 
l)rocess. 

The  property  hereinbefore  mentioned  is  not  exempt  from  attachment  issued 
in  an  action  for  the  purchase  money  of  tlie  same  i)roperty,  or  from  an  execu- 
tion issued  upon  any  judgment  rendered  therein. 

Factors. — No  statutory  provision  relating  to  same  in  this  state 

False  Pretense. — Obtaining  accmnmodations  at  hotel  by  false  jtretense  a 
misdemeaiaor,  obtaining  property  by  same,  larceny,  punished  by  fine,  or  im- 
prisonment. 

[Min.lo.] 


456  MINNESOTA. 

Frauds — Statute  of. — Xu  action  shall  be  maintained,  in  either  of  the 
foUowinf*-  ca.ses,  upon  any  agreement,  unless  such  agreement,  or  some  note 
or  memorandum  thereof,  expressing  the  consideration,  is  in  writuig  and 
subscribed  by  the  party  charged  therewith  :  1st.  Every  agreement  that  by 
its  terms  is  not  to  be  performed  within  one  year  from  the  making  thereof. 
2d.  Every  special  promise  to  answer  for  the  debt,  default  or  doings  of  an- 
other, od.  Every  agreement,  i^romise  or  undertaking,  made  upon  considera- 
tion of  marriage,  except  mutual  i)romises  to  marry. 

Every  contract  for  the  sale  of  any  goods,  chattels  or  things  in  action,  for 
the  price  of  fifty  dollars  or  more,  shall  be  void,  vmless,  1st.  A  note  or  mem- 
orandum of  such  couti'act  is  made,  in  writing,  and  subscribed  by  the  parties 
to  be  charged  therewith.  2d.  Unless  the  buyer  accepts  and  receives  part  of 
such  goods,  or  the  evidences,  or  some  of  them,  of  such  things  in  action.  3il. 
Unless  the  buyer,  at  the  time,  pays  some  part  of  the  purchase  money. 

Wherever  goods  are  sold  at  public  auction,  and  the  auctioneer  at  the  time 
of  sale,  enters  into  a  sale  book  a  memorandum,  specifying  tlie  nature  and 
price  of  the  property  sold,  the  terms  of  the  sale,  name  of  the  purchaser, 
and  the  name  of  the  person  on  whose  account  the  sale  is  made,  such  memo- 
randum shall  be  deemed  a  note  of  the  contract  of  sale. 

Every  grant  or  assignment  of  any  existing  trust  in  goods  or  things  in  a,v.- 
tion,  unless  the  same  is  in  writing,  subscribed  by  the  party  making  the  same, 
or  by  his  agent,  lawfully  authorized,  shall  be  void. 

No  estate  or  interest  in  lands,  other  than  leases  for  a  tenn  not  exceeding 
one  year,  npr  any  trust  nor  power  over  or  concerning  lands,  or  in  any  manner 
relating  thereto,  shall  hereafter  be  created,  granted,  assigned,  surrendered  or 
declared,  unless  by  act  or  operation  of  law,  or  by  deed  or  conveyance  in 
writing,  subscribed  by  the  parties,  or  their  lawful  agent  authorized  in 
writing. 

Every  contract  for  the  leasing  for  a  longer  jieriod  than  one  year,  or  for  the 
sale,  of  any  lands,  or  any  interest  in  lands,  shall  be  void,  unless  the  contract, 
or  some  note  or  memorandum  thereof,  expressing  the  consideration,  is  in 
writing,  and  subscribed  by  the  party  by  whom  the  lease,  or  sale  is  to  be 
made,  or  by  his  lawful  agent  thereunto  authorized  in  writing. 

Garnishment. — In  any  action  in  a  court  of  record  or  justices'  court,  for 
the  recovery  of  money,  if  the  plaintiff,  his  agent  or  attorney,  at  the  time  of 
filing  the  complaint  or  issuing  the  summons  therein,  or  at  any  time  during 
the  pendency  of  the  action,  or  after  judgment  therein  against  the  defendant, 
makes  and  files,  with  the  clerk  of  the  court,  or  justice,  an  affidavit,  stating 
that  he  believes  that  any  person,  naming  him,  has  property,  money  or  eftects 
in  his  hands,  or  under  his  control,  belonging  to  the  defendant,  and  that  the 
value  of  such  property  or  effects,  or  the  amount  of  such  money  or  indel)ted- 
ness,  if  in  district  court,  exceeds  twenty-five  dollars,  or,  in  justices'  court, 
exceeds  ten  dollars,  a  sunimons  may  be  issued. 

No  person  or  corporati(,)n  shall  be  adjudged  a  garnishee  in  either  of  the 
following  cases  :  1st.  By  reason  of  any  money  or  any  other  thing  due  to 
default,  unless  at  the  time  of  the  service  of  the  summons,  the  same  is  due 
absolutely,  and  without  depending  on  any  contingency.  2d.  By  reason  of 
any  debt  due  from  the  garnishee  on  a  judgment,  so  long  as  he  is  liable  to  an 
execution  thereon.  3d.  By  reason  of  any  liability  incurred,  as  maker  or 
otherwise,  upon  any  draft,  bill  of  exchange  or  promissory  note. 

Any  money  or  other  thing  due  or  belonging  to  the  defendant  may  be 
attached  by  this  process,  before  it  has  become  payable,  providing  it  is  due  or 
owing  absolutely. 

To  record  judgment  against  garnishee  in  a  court  of  record,  the  property  or 
indebtedness  attached  and  the  judgment  against  tlie  defendant  shall  not  be 
less  than  twenty-five  dollars,  exclusive  of  costs,  in  justices'  court,  not  less 
than  ten  dollars. 

Whenever  the  defendant  in  any  action  of  garnishment  shall  make  it  appear 
that  the  sum  of  money  belonging  to  him  or  her,  which  has  been  garnisheed. 
was  earned  by  him  or  her  as  a  laboring  man  or  woman,  by  the  actual  work 
[Min.  16.] 


MINNESOTA.  457 

of  his  or  her  hands,  and  shall  make  it  appear  that  said  nianey  is  actually- 
necessary  to  his  support,  it  shall  be  the  duty  of  the  court  to  order  the  dis- 
charge of  the  gamishnient,  and  render  judgment  in  favor  of  said  defendant, 
without  costs  to  said  defendant. 

Defendant  may  procure  dismissal  of  garnishee  proceedings  by  executing 
to  plaintitf  a  bond  in  double  the  amount  claimed  in  complaint,  with  two  or 
more  surties  who  must  justify  and  be  approved  by  the  court. 

Grace. — On  bills  of  exchange  payal)le  at  sight  or  at  future  day  certain,  and 
on  negotiable  promissory  notes,  orders  and  drafts,  payable  at  future  day  cer- 
tain, when  there  is  no  stipulation  to  contrary,  grace  allowed.  No  grace  on 
demand  paper. 

Homestead. — A  homestead,  consisting  of  any  quantity  of  land  not  ex- 
ceeding eighty  acres,  and  the  dwelling  house  thereon  and  its  appurtenances, 
to  be  selected  by  the  owner  thereof,  and  not  included  in  the  laid  out  or 
platted  portion  of  any  incori^orated  town,  city  or  village,  or,  instead  thereof, 
at  the  option  of  owner,  a  quantity  of  land  not  exceeding  in  amount  one  lot, 
if  within  the  laid  out  of  platted  portion  of  an  incorporated  town,  city  or  vil- 
lage having  over  five  thousand  inhabitants,  or  one-half  acre,  if  within  the 
laid,  put  or  jilatted  i)()rtion  of  an  incorporated  town,  city  or  village  having 
more  than  five  thousand  inhabitants,  and  the  dwelling  house  thereon  and  its 
appurtenances,  owned  and  occupied  by  any  resident  of  this  state,  shall  not 
be  subject  to  any  process  issuing  out  of  any  court  in  this  state. 

Insolvent  Laws. — This  is  known  as  the  law  of  1881,  an  act  to  prevent 
debtors  from  giving  preference  to  creditors,  and  to  secure  the  e<|ual  distribu- 
tion of  the  property  of  the  debtors  among  their  creditors,  and  for  the  release 
of  debts  against  debtors. 

Whenever  the  property  of  the  debtor  is  attached  or  levied  upon  by  any 
officer,  by  virtue  of  any  writ  or  process  issued  out  of  a  court  of  this  state, 
in  favor  of  any  creditor,  or  garnishment  made  against  any  debtor,  such 
<lebtor  may,  within  ten  days  after  the  levying  of  such  attachment,  process 
or  garnishment  shall  have  been  made,  make  an  assignment  of  all  his  pro- 
perty and  estate,  not  exempt  by  law,  for  the  equal  benefit  of  all  his  credi- 
tors, in  proportion  to  their  respective  valid  claims,  who  shall  file  releases  of 
their  debts  and  claims  against  such  debtor,  as  hereinafter  provided,  which 
assignment  shall  be  made  in  accordance  with  and  be  governed  by  the  laws 
relating  to  assignments,  save  as  herein,  and  upon  the  making  of  such  assign- 
ment all  attachments,  levy,  or  garnishment  shall  be  dissolved,  upon  the 
appointment  and  qualification  of  an  assignee  or  receiver,  and  thereupon  the 
officers  shall  deliver  the  property  attached  or  levied  upon  to  such  assignee  or 
receiver,  unless  the  assignee  shall,  within  five  days  after  such  assignment, 
file  in  the  office  or  the  clerk  of  the  court,  where  such  attachment  was  issued 
or  judgment  was  rendered,  a  notice  of  his  intention  to  return  such  attach- 
ment, levy  or  garnishment,  in  which  case  any  such  shall  enure  to  the  benefit 
of  all  the  said  creditors,  and  may  be  enforced  by  the  assignee,  by  his  substi- 
tution in  the  action  as  such.  The  above  does  not  apply  to  cases  where  an 
execution  has  been  issued  u])on  a  judgment  in  an  action  where  the  complaint 
has  been  filed  in  the  office  of  the  clerk  of  the  court  twenty  days  prior  to  the 
entry  of  judgment. 

Preference. — Application  of  Receiver — When  any  debtor,  being  insolvent, 
shall  confess  judgment,  or  do  any  act,  or  make  any  conveyance,  whereby 
any  creditor  shall  obtain  a  preference,  or  shall  omit  to  do  any  act  which  he 
might  lawfully  do  to  prevent  any  one  of  his  creditors  obtaining  a  preference, 
or  if  he  shall  not,  within  ten  days  after  any  levy  or  other  process,  make  an 
assignment,  or  commence  proc^eedings  to  vacate  attachment  and  execution  or 
garnishment,  then,  or  within  sixty  days  thereafter,  any  two  or  more  of  his 
creditors  holding  claims  of  not  less  than  two  hundred  dollars  in  the  aggregate, 
may  petition  district  court  or  a  judge  thereof,  who  may  appoint  a  receiver,  who 

[Min.  17] 


458  MINNESOTA. 

shall  take  possession  of  all  the  debtor's  property,  and  all  property  conveyed 
in  violation  of  the  provisions  thereof,  and  have  charge  and  control  of  the 
same,  except  property  exempt,  and  shall,  within  four  months,  unless  other- 
wise directed,  convert  same  to  money,  and  shall  marshal  and  distribute  the 
same  among  the  several  creditors  who  shall  release  of  all  claims  against. 

Preference  is  expressly  prohibited,  exce]3t  in  cases  provided  by  law.  It  is 
a  misdemeanor  for  an  insolvent  debtor  to  confess  or  suffer  judgment  to  be 
entered  with  intent  that  a  creditor  obtain  a  preference. 

The  court  may,  at  any  time,  UY>on  the  filing  of  affidavits  or  other  evidence 
satisfactory  to  the  court,  grant  an  order  restraining  such  debtor  from  collect- 
ing any  bills,  notes,  accounts  or  other  property,  or  from  disposing  of,  or  in 
any  manner  interfering  with  the  property  of  said  estate,  or  may  by  writ  of 
/le  exeat,  or  by  order,  restrain  said  debtor  from  leaving  the  state  until  the 
further  order  of  the  court,  or  may  require  him  at  any  time  to  appear  and 
make  full  disclosure  as  to  any  disposition  of  property,  or  other  matter  per- 
taining to  the  estate. 

Conveyance  in,  anticipation  of  Insolvency  and  as  a  Preference. — Convey- 
ances and  payments  made,  and  securities  given  by  insolvent  debtor,  or  one 
in  the  contemplation  of  insolvency,  within  four  months  of  making  an  assign- 
ment as  provided  in  section  one,  with  a  view  of  giving  a  preference  upon  a 
pre-existing  debt,  or  to  any  person  under  liabilily  for  such  debtor,  over 
another,  shall  be  void  as  to  all  creditors  or  persons  receiving  the  same,  who 
shall  have  reasonable  cause  to  believe  that  such  debtor  was  insolvent ;  and 
all  such  conveyances  made  and  securities  given  at  any  time,  unaccompanied 
with  a  delivery  or  change  of  possession  of  the  property  of  the  grantee,  unless 
the  instrument  containing  the  possession  of  the  property  to  the  grantees, 
unless  the  instrument  containing  the  grant  or  conveyance,  shall  have  been  duly 
filed  or  docketed  before  the  commencement  of  four  months,  shall  be  void 
as  a  preference.  Assignee  may  bring  action  to  annul  such  conveyances,  and 
recover  the  property. 

This  does  not  apply  to  any  payment  or  satisfaction  in  whole  or  in  part  of  a 
past  due  debt  made  in  the  usual  course  of  business,  without  any  attempt  to 
evade  the  provisions  of  this  act. 

Actions  in  these  matters  are  commenced  in  county  where  debtor  resides  ;  if 
a  non-resident,  may  be  brought  in  any  county  designated  in  complaint  where 
debtor  has  property  subject  to  attachment  or  levy.  Actions  brought  in  naiue 
of  assignee  or  receiver. 

Costs  in  cases  upon  which  attachment  or  levies  are  made,  which  are  dis- 
solved under  the  provisions  of  this  act,  and  a  reasonable  fee  not  exceeding 
twenty-five  dollars,  in  the  discretion  of  the  court,  to  an  attorney,  for  creditors 
petitioning  under  this  act,  shall  be  preferred  and  be  paid  first  by  the  receiver. 

Appealfrom  disalloxcance  of  Claim. — A  creditor  whose  claim  is  disallowed 
in  whole  or  in  part,  by  any  assignee  or  receiver  appointed  under  this  act,  or 
the  provisions  of  the  general  assignment  laws,  may  appeal  from  such  dis- 
allowance, to  the  district  court,  and  there  have  such  claims  tried  as  other 
civil  actions.  The  assignee  shall,  within  ten  days  after  his  disallowance  of 
any  claim,  in  whole  or  in  part,  give  written  notice  to  such  creditors  of  such 
disallowance,  which  notice  may  be  served  personally  or  by  mail,  as  in  other 
cases.  When  notice  is  served  personally,  creditor  has  ten  days  in  which  to 
appeal ;  if  by  mail,  twenty  days. 

Interest  and  Usury. — Seven  per  cent,  is  the  legal  rate  of  interest  upon 
every  legal  indebtedness,  including  judgments  and  accounts.  Since  July  1, 
1879,  the  highest  rate  of  interest  allowed  to  be  taken  by  special  contract  is 
ten  per  cent. 

Instruments  shall  bear  the  same  rate  of  interest  after  they  became  due  as 
before,  and  any  provision  in  a  contract,  note  or  instrument  providing  for  an 
increase  of  the  rate  of  interest  upon  maturity,  or  any  increase  thereon  after 
the  making  and  delivery  thereof,  shall  work  a  forfeiture  of  the  entire  interest 
thereof ;  but  this  does  not  apply  to  instruments  which  bear  no  interest  before 
maturity.  The  penalty  for  usury  is  forfeiture  of  the  entire  amount  of  th& 
note  or  other  instrument,  and  of  all  interest. 
[Min.  18.] 


MINNESOTA.  459^ 

Judgments. — If  no  defense  is  made,  judgments  can  be  obtained  at  the  ex- 
piration of  twenty  days,  and  upon  being  docketed  in  the  office  of  the  clerk 
of  the  court  they  become  liens  upon  all  real  estate  of  the  debtor  in  the  county 
where  docketed,  owned  by  him  at  that  time  or  afterward  aci^uired,  for  ten 
years  after  date  of  docketing,  and  can  be  enforced  during  that  time  by  exe- 
cution against  the  real  or  personal  property  of  judgment  debtor. 

.Judgments  have  priority  and  are  a  lien  upon  real  estate  in  the  order  and 
from  the  time  of  docketing,  and  upon  personal  property  from  the  time  the 
execution  is  levied  thereon  by  the  officer,  without  reference  to  whether  they 
are  entered  at  the  same  or  diflferent  terms  of  court  or  vacation. 

Justices  of  the  Peace. — Jurisdiction  of  justice  of  the  peace  is  co-exten- 
sive with  the  limits  of  the  county  in  w^hich  he  resides,  except,  writs  of  at- 
tachment may  be  directed  to  the  proper  office  in,  and  garnishee  process  issued, 
may  run  into  any  county. 

Has  jurisdiction  of  actions  on  contract,  to  recover  money  only,  for  damage 
for  an  injury  to  persons,  or  to  real  property,  or  for  taking,  detaining  or  in- 
juring personal  property,  for  a  penalty  given  by  statute  on  general  or  official 
bonds,  to  take  and  enter  confession  of  judgment ;  and  to  foreclose  liens  on 
personal  property,  where  the  amount  or  damages  claimed  does  not  exceed 
one  hundred  dollars. 

Has  no  jurisdiction  in  causes  involving  title  to  real  property,  for  false  im- 
prisonment, libel,  slander,  malicious  prosecution,  criminal  conversation  or 
seduction,  or  upon  a  promise  to  marry  ;  nor  against  an  executor  or  adminis- 
trator as  such. 

Landlord  and  Tenant. — "Whenever  a  person  holds  over  any  lands  or 
tenements  after  the  termination  of  the  time  for  which  they  are  demised 
or  let  to  him,  or  contrary  to  the  conditions  of  the  agreement  under  which  he 
holds,  or  after  any  rent  becomes  due,  or  notice  to  quit,  in  all  such  cases  the 
party  entitled  to  possession  may  make  complaint  to  justice  of  the  peace  of 
the  county,  who  shall  hear,  try  and  deterrtiine  the  same.  In  St.  Paul,  these 
cases  are  heard  by  the  municipal  court.  Writ  of  restitution  cannot  issue 
until  twenty-four  hours  after  judgment.  In  case  where  tenant  held  real 
estate  under  a  lease,  an  action  commenced  by  a  landlord  is  equivalent  to  a 
demand  and  a  re-entry.     In  1879  distress  for  rent  was  abolished. 

Notice  to  Quit. — Estates  at  will  may  be  determined  by  either  party,  l)y 
three  months'  notice  in  writing  for  that  purpose,  given  to  the  other  party  ; 
and  when  the  rent  reserved  is  payable  at  periods  of  less  than  three  months, 
the  term  of  such  notice  shall  be  sufficient,  if  it  is  equal  to  the  interval 
between  the  time  of  payment  ;  and  in  all  cases  of  neglect  or  refusal  to  pay 
the  rent  due  on  a  lease  at  will,  fourteen  days'  notice  to  quit,  giving  in  writing 
by  the  landlord  to  the  tenant,  is  sufficient  to  determine  the  lease. 

Leases. — For  more  than  one  year  must  be  in  writing.  For  more  than 
three  years  operate  as  conveyance,  in  which  case  they  must  be  executed  with 
all  the  formality  of  deeds. 

License. — Commercial  travelers  are  not  recjuired  to  take  out  a  license 
before  doing  business. 

Liens. — {See  Mec7maics  Liens  and  Judgments.) 

Limitations  of  Actions. — Actions  for  the  recovery  of  real  property,  or 
the  possession  thereof,  must  be  commenced  within  twenty  years.  Such 
action  cannot  be  maintained  unleSs  it  apjjears  that  the  plaintiff,  his  ancestor,, 
predecessor,  or  grantor,  was  seized  or  possessed  of  the  premises  in  question 
within  that  time. 

[Min.  19.] 


460  MINNESOTA. 

Actions  upon  judgments,  within  ten  years.  The  following  actions  must 
be  commenced  within  six  years  ;  on  contracts  or  other  obligations  express  or 
implied,  save  as  above  ;  on  a  liability  credited  by  statute,  other  than  upon  a 
penalty  or  forfeiture  ;  for  trespass  upon  real  property  ;  for  taking,  detaining 
and  injuring  real  property;  including  those  for  the  specific  recovery  thereof ; 
for  criminal  conversation,  or  any  other  injury  to  the  person  or  rights  of 
another,  not  hereinafter  enumerated  and  not  arising  on  obligation ;  for 
relief  on  the  ground  of  fraud  ;  the  cause  of  action  not  to  be  deemed  to  have 
accrued  until  the  discovery  by  the  aggrieved  party  of  the  facts  constituting 
same ;  (in  all  cases  where  judgment  has  been  obtained  by  means  of  perjury, 
subornation  of  perjury,  or  any  fraudulent  act,  jjractice  or  representation  of 
prevailing  party,  an  action  may  be  brought  by  party  aggrieved  to  set  aside 
said  judgment,  at  any  time  within  three  years  after  the  discovery  by  him  of 
such  fraudulent  act)  ;  to  enforce  a  trust  or  compel  an  accounting. 

Within  three  years  against  sheriffs,  coroners  or  constables,  upon  liability 
by  the  doing  of  acts  in  their  official  capacity,  by  virtue  of  their  office,  or  by 
the  omission  of  official  duty,  including  the  non-payment  of  money  collected 
upon  execution ;  upon  a  statute  for  a  penalty  or  forfeiture,  where  the  action 
is  given  to  the  party  aggrieved,  or  to  said  party  and  the  state. 

Within  two  years,  for  libel,  slander,  assault,  battery  or  false  imprison- 
ment ;  or  upon  a  statute  for  a  penalty  or  forfeiture  to  the  state. 

Open  Accounts. — Tlie  cause  of  action  is  deemed  to  have  accrued  from  the 
time  of  the  last  item  proved  in  the  account  on  either  side. 

Foreclosure  of  Mortgages. — Every  action  to  foreclose  a  mortgage,  hereto- 
fore or  hereafter  made  upon  real  estate,  shall  be  commenced  within  fifteen 
years  after  the  cause  of  acticm  accrues,  and  said  term  shall  not  be  enlarged 
or  extended  by  reason  of  any  non-residence.  This  act  takes  etfect  Septem- 
ber 3,  1887. 

An  action  is  deemed  commenced  as  to  each  defendant,  when  the  summons 
is  served  on  him.  An  attempt  to  commence  is  equivalent  to  the  commence- 
ment thereof. 

Effect  of  Absence. — If,  when  the  cause  of  action  accrues  against  a  person, 
he  is  out  of  the  state,  the  action  may  be  commenced  within  the  times  herein 
limited  after  his  return  to  the  state  ;  and,  if  after  the  cause  of  action 
accrues,  he  departs  from  and  resides  out  of  the  state  the  time  of  his 
absence  is  not  part  of  the  time  limited  for  the  commencement  of  the  action. 

WJien  cause  accrues  out  of  state. — A  cause  of  action  arising  out  of  the 
state,  and  barred  by  tlie  statute  of  limitations  there,  cannot  be  maintained 
in  this  state,  except  in  favor  of  a  citizen  thereof,  who  has  had  the  cause  of 
.action  from  the  timo  it  accrued. 

Period  of  Disability. — If  a  person  entitled  to  bring  an  action,  except  for  a 
penalty  or  forfeiture,  is,  at  tlie  time  the  cause  accrued,  either  a  minor  or 
insane,  or  imprisoned,  or  under  a  sentence  for  a  term  less  than  natural  life, 
the  time  of  such  disability  is  not  a  part  of  the  time  limited.  Time  cannot 
be  extended  more  than  five  years  by  such  disability,  except  infancy,  nor 
longer  than  one  year  after  disability  ceases. 

Death  of  Party. — When  party  entitled  to  bring  action  dies  before  expira- 
tion of  time  limited  for  commencement  thereof,  and  the  cause  survives,  it 
may  be  commenced  within  one  year  from  his  death,  time  which  lapses 
between  deatli  of  party  and  granting  of  letters  testamentary,  not  exceeding 
six  months,  not  to  be  deemed  part  of  time  limited  for  commencement  of 
actions  by  executors  or  administrators. 

Limited  Partnerships. — May  be  formed  to  transact  mercantile,  mecha- 
nical and  manuf  icturing  business  by  two  or  more  persons,  upon  performing 
certain  conditions,  but  by  same  cannot  transact  banking  or  insurance 
business. 

It  shall  consist  of  one  or  more  persons  as  general  partners,  who  shall  be 
jointly  and  severally  responsible  as  general  partners  now  are  by  law  ;  and  of 
one  or  more  who  sliall  contribute,  in  actual  cash  payments,  a  specific  sum  as 
•capital  to  the  common  stock,  called  special  partners,  who  are  not  liable 
for  the  debts  of  the  partnership  beyond  the  fund  so  contributed. 
[Min.  20.] 


MINNESOTA.  461 

General  partners  only  are  authorized  to  transact  business,  sign  for  part- 
nership and  to  bind  same.  A  certificate  containing  :  1st.  The  name  of  firm 
under  which  business  is  transacted.  2d.  General  nature  of  business.  3d. 
Names  of  general  and  special  partners  named  as  such  and  their  places  of 
residence.  4th.  The  amount  c(mtributed  by  each  special  partner.  5th, 
When  partnership  is  to  commence  and  terminate ;  shall  be  made,  signed,  and 
acknowledged  in  the  same  manner  as  a  deed,  and  recorded  in  the  office  of 
the  register  of  deeds  in  the  county  where  the  principal  place  of  business  is 
carried  on.  Affidavit  of  each  special  i)artner  shall  be  filed  at  the  same  time, 
showing  that  the  amount  has  been  actually  and  in  good  faith  paid  in  cash. 

Certificate  must  be  published  six  successive  weeks,  and  proof  thereof  by 
parties'  affidavit  filed  as  above. 

Partnership  sign  shall  be  put  up  in  a  conspicuous  place,  and  general  and 
special  partners,  severally  named  as  such. 

Married  Women. — All  property  acqviired  by  wife  before  or  after  marriage 
remains  her  separate  estate,  free  from  the  control  of  her  husband,  and  not 
liable  for  his  debts,  torts,  &c.  She  is  bound  by  her  contracts,  and  her  pro- 
I)erty  is  liable  for  her  debts  and  torts,  as  if  unmarried,  without  joining  her 
husband,  except  that  no  conveyance  or  contract  for  the  sale  of  real  estate,  or 
of  any  interest  therehi,  by  a  married  woman,  other  than  mortgages  on  lands 
to  secure  the  purchase  money  of  such  lands,  for  leases  for  tenns  not  exceed- 
ing three  years,  shall  be  valid,  unless  her  husband  shall  join  her  in  such 
cimveyance. 

She  may  sue  and  be  sued,  in  her  own  name,  without  joining  her  husband. 

No  contract  between  husband  and  wife,  the  one  with  tlie  other,  relative  to 
the  real  estate  of  either,  or  any  interest  therein,  shall  be  valid,  nor  shall  any 
power  of  attorney  from  the  one  to  the  other  to  convey  real  estate  or  any  in- 
terest therein  be  of  any  force ;  but  in  relation  to  all  other  subjects  either 
may  be  constituted  the  agent  of  the  other.  ( See  Curtesy,  Dower  and  Dis- 
tribution.) 

Mechanics'  Liens. — Whoever  performs  labor  or  furnishes  material  or  ma- 
chinery in  the  construction,  alteration  or  rejjair  of  a  building,  manufactory 
or  water  craft,  or  of  a  railroad  and  its  appurtenances,  by  virtue  of  any  con- 
tract with  the  owner,  or  liis  authorized  agent,  is  entitled  to  a  lien  upon  the- 
same  to  secure  payment,  and  if  upon  any  building  also  on  or  to  land  upon 
which  it  is  situated,  not  exceeding  forty  acres,  and  if  within  the  limits  of  a 
city,  town  or  village  not  exceeding  one  acre.  He  must,  within  six  months 
after  performing  such  labor  or  furnishing  such  material,  file  a  verified  account 
with  copy  of  contract,  if  in  writing,  in  tlie  office  of  the  register  of  deeds 
where  premises  are  situate,  wliich  gives  him  a  lien  for  two  years  from  com- 
pleting work. 

Mechanics'  liens  on  homestead  declared  unconstitutional,  (33  Minn.  144.) 
Mechanics',  laliorers  or  sub-contractors  have  a  lien  for  the  value  or  contract 
price  of  labor  or  material  furnished  to  same  extent  as  above. 

Liens  foreclosed  by  action  in  same  manner  as  mortgages  upon  real  estate. 
Owner  may  prevent  all  liens  by  compelling  original  contractor  to  give  bond 
for  their  benefit,  with  approved  sureties,  tiling  same  witli  register  of  deeds 
and  posting  notices  to  that  effect. 

They  eilect  only  the  intent  of  the  owner  and  are  subject  to  right  of  prior 
lien-holders. 

Laws  of  1887. —  Vll  labor,  hereafter  performed,  by  contract  or  day,  on 
any  building,  or  utility  used  in  construction  thereof,  shall  be  a  first  lieu 
thereon  to  full  amount  agreed  to  be  paid.  This  applies  to  contractors,  sub- 
contractors or  laborer.  In  addition  they  sliall  be  allowed  a  sum  to  cover 
costs  and  a  reasonable  attorney  fee. 

Material  furnished  shall  bo  a  second  lien,  whether  it  be  real  estate,  home- 
stead, (see  23  Minn.  144)  personal  property,  with  same  provisions  as  above. 
Contractor  or  sub-contractor,  after  receiving  money  and  allowing  liens  to  be 

[Min.  21.1 


462  MINNESOTA. 

rput  on  building,  deemed  guilty  of  obtaining  money  under  false  pretenses. 
Accounts  herein  must  be  filed  in  ninety  days  and  suit  must  be  brought 
-within  four  months.  Sale  ordered  by  court  granting  judgment,  and  made 
by  publication  for  three  weeks  and  posted  in  three  conspicuous  places  in 
county. 

No  incumbrance  upon  land  created  before  or  after  the  making  a  contract, 
or  performing  labor,  or  material  furnished,  shall  operate  upon  the  building 
erected  or  material  furnished,  until  the  lien  in  favor  of  the  person  perform- 
ing the  labor  or  furnishing  the  material  shall  have  been  satisfied. 

At  this  writing,  (June  21,  '87)  this  law  has  not  been  judically  passed  upon, 
and  the  bar  entertain  various  views  as  to  its  soundness  and  constitutionality. 

Minors. — Males  under  the  age  of  twenty-one  years,  and  females  under 
eighteen  years,  are  minors.  Minors  sue,  in  justice  court  by  prochien  amy, 
and  in  district  court  by  guardian  ad  litem. 

After  service  and  return  of  process  against  an  infant,  the  action  shall  not 
be  further  prosecuted  until  a  guardian  for  defendant  is  appointed.  When 
minor  is  under  fourteen  years  of  age,  service  is  made  on  such  minor  person- 
ally, and  also  on  father,  mother,  guardian  or  person  with  whom  he  resides. 

Mortgages  on  Real  Estate. — Mortgages  are  executed  with  same  formality 
as  deeds  of  bargain  and  sale,  except  in  those  given  to  secure  purchase  money 
wife  need  not  join. 

Mortgages  may  be  discharged  by  an  entry  in  the  margin  of  the  record 
thereof,  signed  by  mortgagee,  his  executor,  administrator,  or  assign,  acknowl- 
edging the  satisfaction  thereof,  or  by  a  certificate  of  satisfaction,  signed  by 
mortgagee,  or  his  legal  representatives,  executed  and  acknowledged  with 
same  formality  as  a  deed,  which  shall  be  recorded.  Mortgagee  is  not  entitled 
to  possession  until  after  foreclosure  and  the  expiration  of  the  time  of  redemp- 
tion. » 

Foreclosure. — Mortgages  may  be  either  foreclosed  by  action  or  by  adver- 
tisement imder  power  of  sale,  if  contained  therein. 

Adoertiseme/it. — To  entitle  a  party  to  make  such  foreclosure,  it  is  requisite 
that  some  default  has  occurred  ;  that  no  action  has  been  instituted,  or  if  so, 
that  it  has  been  discontinued,  or  that  the  execution  issued  has  beeii  returned 
unsatisfied,  in  whole  or  in  part ;  that  mortgage  has  been  duly  recorded,  with 
the  assignments  if  any.  Notice  of  sale  must  be  published  for  six  successive 
weeks,  and  a  copy  of  such  notice  be  served  in  like  manner  as  summons  in 
civil  actions  in  the  district  court,  at  least  four  weeks  before  sale,  on  persons 
in  possession,  if  actually  occupied.  Proof  of  such  service  may  be  made,  cer- 
tified and  recorded  in  the  same  manner  as  proof  of  publication  thereof. 

Notice  shall  specify  the  names  of  mortgagor,  mortgagee  and  assignee,  if 
any ;  date  of  mortgage  and  when  recorded,  amount  claimed  to  be  due  at  date 
of  notice,  also  taxes,  if  any  have  been  paid ;  a  description  of  premises  ;  and 
time  and  place  of  sale. 

Sale  must  be  made  at  public  vendue,  between  9  A.  M.  and  setting  of  sun, 
in  county  where  premises  are  situate.  When  promises  consist  of  separate 
and  distinct  farms  or  tracts,  they  shall  be  sold  separately,  and  uo  more  than 
necessary  to  satisfy  debt,  interest  and  costs.  Mortgagee  may  purchase  at 
such  sale. 

Certificate  of  sale,  containing  descriptions  of  mortgage  and  property  sold, 
the  price  paid  for  such  parcel  sold,  the  date  of  sale  and  purchaser,  and  time 
for  redemption.  Acknowledged  and  j-ecorded  after  time  of  redemption  expires 
acts  as  a  conveyance  without  further  act.  Redemption  made  within  one 
year. 

Redemption  by  Creditors.— li  redemption  is  not  made,  the  senior  creditor 
having  a  lien  on  the  whole  or  some  part  of  the  real  estate,  subsequent  to 
mortgage,  may  redeem  within  five  days  after  tlie  expiration  of  said  year  ; 
and  each  subsequent  creditor,  within  five  days  after  time  allowed  all  prior 
lien  holders,  may  redeem  by  paying  the  amount  aforesaid,  and  all  liens  prior 
to  his  own;  but  no  creditor  can  redeem  unless  he  files  notice  ol  his  intention 
to  do  so  within  the  time  allowed  for  redemption. 
[Min.  22.] 


A 


MINNESOTA.  463 

Notes  and  Bills  of  Exchange.— (5^^  Bills  of  Exchange  and  Promissory 
Notes.) 

Oaths  and  Affidavits.— (•'^ee  Affidavits.) 

Partnership. — No  statutory  provisions  other  than  as  relating  to  limited 
partnerships,  which  see. 

Promissory  Notes. — {See  Bills  of  E.r change  and  Promissory  Notes.) 

Practice. — Our  court  of  practice,  under  a  code,  similar  iu  most  of  its  pro- 
visions to  New  York  code  of  1849. 

Proof  of  Claims. — Non-residents,  sending  claims  for  collection,  should 
give  lull  names  of  creditors,  and  their  residence,  full  names  of  debtors  so  far 
as  known,  and  their  place  of  business,  an  itemized  statement  of  accounts, 
when  and  where  same  was  contracted,  which,  if  suit  is  directed,  or  if  against 
■estate  of  deceased  person,  or  to  be  filed  in  insolvency,  should  be  verified  by 
oath,  to  the  ett'ect  that  the  deponent  believes  the  same  to  be  tnie  and  justly 
due  above  all  legal  set-ofts. 

Recording. — The  record  of  any  instrument,  properly  executed,  shall  be 
taken  and  deemed  notice  to  parties.  Instruments  hnproperly  executed,  not 
entitled  to  record.  Instruments  not  recorded  are  good  as  between  parties, 
but  the  conveyance  will  not  aff'ect  subsequent  purchasers  in  good  faith,  and 
subsequent  creditors  without  actual  notice. 

Redemption. — Shall  be  made  within  one  year  from  date  of  sale.  Real  es- 
tate sold  upon  execution,  judgment  or  decree,,  may  be  redeemed  by  debtor, 
or  his  creditors,  in  same  manner  as  from  mortgage  sale.  (See  under  Mort- 
gages of  Meal  Estate. ) 

Replevin. — Plaintiff  may,  at  time  of  commencing  action  for  the  recovery 
of  possession  of  personal  property,  or  at  any  time  before  answer,  claim  de- 
livery of  such  property,  when  it  appears  by  affidavit,  made  by  himself  or 
some  one  iuhis  behalf,  that  plaintiff  is  the  owner  of  property  claimed,  de- 
scribing it,  or  is  lawfully  entitled  to  possession  thereof,  by  virtue  of  some 
special  property  therein,  which  shall  be  set  forth  ;  that  the  property  is  wrong- 
fully detained  by  defendant,  and  that  it  has  not  laeen  taken  for  a  tax,  assess- 
ment or  fine,  pursuant  to  statute,  or  seized  under  attachment  or  execution 
against  property  of  plaintitt",  or,  if  so  seized,  that  it  is  exempt,  and  the  value 
of  the  property. 

Plaintiff  or  his  attorney  may  thereupon,  by  indorsement  on  the  affidavit, 
require  the  sheriff  to  take  the  property  claimed,  and  deliver  it  to  plaintiff. 
Upon  receipt  of  affidavit,  and  a  bond  with  one  or  more  sureties  executed  to 
defendant  by  the  plaintiff,  or  some  one  in  his  behalf,  in  amount  double  the 
value  of  the  ])roperty,  and  conditioned  for  a  return  thereof,  if  so  adjudged, 
and  for  the  payment  of  such  sum  as  may  be  recorded  against  plaintifl",  the 
sheriff  shall  take  the  property  and  deliver  the  same  to  plaintiff. 

Defendant  may  regain  possession  of  property  by  giving  a  similar  bond  to 
plaintiff,  executed  by  himself  or  some  one  in  his  behalf,  with  sufficient  sure- 
ties. Sureties  in  said  bonds  must  be  residents  and  freeholders  of  the  state, 
and  worth  the  amount  named  in  same,  over  and  above  debts  and  liabilities 
and  exclusive  of  property  exempt  from  execution. 

In  justices'  court,  justice  issues  writ,  but  defendant  cannot  regain  posses- 
sion by  re-bonding. 

Revenue. — Derived  by  taxation.     (See  Ttt.res.) 

Revision. — Last  was  made  in  1878,  and  is  styled  "General  Statutes,  1878." 

Revivor. — Part  payment  or  new  promise  in  writing. 

[Mill.  2;i.i 


464  MCNNESOTA. 

Seal. — A  scroll  or  device,  used  as  a  seal  upon  any  deed  or  conveyance  or 
other  instrument  vrhatever,  whether  intended  to  be  recorded  or  not,  shall 
have  the  same  force  and  elfect  as  a  seal  attached  thereto  or  impressed  there- 
on.    This  does  not  apply  to  official  seals. 

Security  for  Costs  and  other  Undertakings. — In  all  cases  where  the 
summons  has  not  been  served  personally,  the  plaintiff,  before  judi^ment  i» 
entered,  must  file,  or  cause  to  be  filed,  satisfactory  security  (bond  or  under- 
taking) to  abide  the  order  of  the  court  touching  the  restitution  of  any 
money  or  property  collected  or  received  under  or  by  virtue  of  the  judgment, 
in  case  of  defendant  or  his  representatives  shall  thereafter  apply  and  be  ad- 
mitted to  defend  the  action  and  shall  succeed  in  the  defense. 

This  does  not  ax^ply  to  actions  involving  title,  or  brought  to  quiet  title  to 
real  estate.     {See  Costs.) 

Stay  of  Execution. — (See  Execution.') 

Suits. — (See  Actions.) 

Supplimentary  Proceedings. — When  an  exeoution  against  property  of 
judgment  debtor,  issued  in  county  where  such  debtor  resides,  or  if  a  non- 
resident, to  sherilf  of  county  where  judgment  roll  or  transcript  is  filed,  is 
returned  unsatisfied,  in  whole  or  in  part,  the  judgment  creditor  is  entitled  to 
an  order  from  the  court,  requiring  judgment  debtor  to  appear  and  answer 
concerning  his  property,  before  said  judge,  or  a  referee  appointed  by  him, 
at  a  time  and  place  set  out  in  the  order.  Witnesses  may  be  required  to 
appear  and  testify  in  same  manner  as  upon  the  trial  of  an  issue. 

The  coui't  may  order  the  property  of  the  judgment  debtor,  not  exempt,  in 
whosoever  hands  it  may  be,  to  be  applied  in  payment  of  judgment,  and  may 
appoint  a  receiver  for  same,  and  may  forbid  any  transfer  or  disposition 
thereof  or  interference  therewith  by  judgment  debtor. 

Disobeying  these  orders  is  contempt.  Persons  having  property  of  judg- 
ment debtor,  or  indebted  to  him  in  any  amount  exceeding  ten  dollars,  may 
in  like  manner  be  compelled  to  appear  and  answer  concerning  the  same. 

Taxes. — All  real  estate,  in  this  state,  and  all  personal  property  of  resi- 
dents exceeding  one  hundred  dollars,  is  taxable. 

The  lien  of  the  state  for  taxes  on  real  estate  attaches  on  the  first  Monday 
in  .January  of  each  year,  and  upon  personal  property  when  tax  books  are  re- 
ceived by  treasurer. 

Taxes  on  real  estate  become  delinquent  June  1st,  when  a  penalty  of  ten 
per  cent,  is  added  ;  if  they  remain  unpaid  after  -January  1st  of  the  following 
year,  an  additional  penalty  of  five  per  cent,  is  added  ;,and  if  still  unpaid  the 
first  Monday  of  May  following  will  be  sold  for  taxes,  penalties  and  costs. 

Two  years  from  the  date  of  the  sale  are  allowed  the  owner  in  which  to 
redeem  the  property  upon  payment  of  tax  and  cost,  and  interest  at  twelve 
per  cent,  per  annum  If  not  redeemed  in  that  time  title  of  purchaser 
becomes  absolute. 

Personal  property  is  assessed  annually  with  reference  to  its  value  on  May 
1st,  when  ten  per  cent,  is  added,  after  which,  if  not  paid  on  demand,  treas- 
urer shall  distrain  f(n-  same  and  sell  at  ten  days  notice.  After  June  1st  any 
person  whose  personal  taxes  are  delinquent  may  be  cited  into  court  and  a 
judgment  rendered  against  him  for  such  unpaid  taxes,  upon  which  execu- 
tion shall  issue,  but  no  property  shall  be  exempt  from  seizure  thereon. 

Trust  Deeds. — Are  rarely  used  except  by  railroads  and  other  corporations 
in  the  state,  and  are  usually  construed  as  a  mortgage. 

Usury. — (See  Interest  and  Usury.) 

Wages. — (See  Exemptions.) 

[Min.  24.] 


MINNESOTA.  466 

Wills. — May  be  made  by  every  person  of  full  age  and  sound  mind,  includ- 
ing married  "women  ;  must  be  executed  by  testator,  signed  by  him  or  some 
person  for  him,  in  his  presence  and  by  his  express  direction,  and  attested  in 
his  presence  by  two  competent  disinterested  witnesses.  Every  devise  con- 
veys full  estate,  unless  it  alppears  otherwise  by  the  will.  After  acquired 
lands  pass  by  will,  if  such  appears  to  be  the  intention. 

Noncupative  wills  can  only  be  made  by  soldiers  in  active  service  or  mari- 
ners at  sea. 

Widow  may  elect  to  stand  by  will  or  take  her  statutory  right.  There  is 
no  prescribed  form  for  opening  or  closing  of  wiUs  or  declaration  of  attest- 
ing witnesses. 

Witnesses. — {See  Evidence.') 


IMln.  25.] 


466 


MINNESOTA. 


ATTORNEYS  IN  MINNESOTA. 


Bold  Face  Type  denotes  county  seats.        A  dash  (— )  less  than  100  population. 
Figures  after  names,  when  admitted  to  the  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (J)  our  Compiler  of  Laws. 
A  dagger  (tj  former  recommendation  withdrawn. 


PLACE. 

COUNTY. 

Ada 

Norman 

Aitkin 

Aitkin 

Albert  Lea 

Freeborn 

Alexandria 

Douglass 

Anoka 

Anoka 

Austin 

Mower 

Beaver  Falls 

Renville 

Benson 

Swift 

Beaver  Bay 

Lake 

Blue  Earth  City 

Faribault 

Brainerd 

Crown  Wing 

Breckenridge 

Wilkin 

Brown's  Valley 

Traverse 

Buffalo 

Wright 

Caledonia 

Houston 

Cambridge 

Isanti 

Cannon  River  Falls 

;  Goodhue 

Centre  City 

Chisago 

Cbaska 

Carver 

Chatfiekl 

Fillmore 

Crookston 

Polk 

Currie 

Murray- 

Detroit  City 

Becker 

Duluth 

St.  Louis 

Elk  River 

Sherburne 

Elbow  Lake 

Grant 

Fairmount 

Martin 

Faribault 

Rice 

Farminj^ton 

Dakota 

Fergus  Falls 

Otter  Tail 

Glencoe 

McLord 

Glenwood 

Pope 

Granite  Falls 

Yellow  Medicine 

Hallock 

Kittson 

Hastings 

Dakota 

Henderson 

Sibley 

Jackson 

Jackson 

Janesville 

Waseca 

Jordan 

Scott 

Kasson 

Dodge 

Lac  Qui  Parle 

I;ac  Qui  Parle 

lake  Benton 

Lincoln 

NAMES    OP   ATTORNEYS.     POPULA'N 

H.  H.  Phelps. 



A.  Y.  Merrill. 

703 

Lovely,  Morgan  &  Morgan. 

4,000 

Nelson,  Treat  &  Gunderson. 

1,834 

Lord  &  Wyman. 

4,629 

D.  B.  JOHNSON,  JR.,  '59. 

2,505 

S.  R.  Miller. 

611 

S.  H.  Hudson. 

1,000 

(See  Duluth.) 

250 

D.  F.  Goodrich. 

1,112 

W.  A.  FLEMING,  '78. 

7,110 

C.  F.  FALLEY,  '36. 

650 

A.  S.  Crossfield. 

269 

A.  Y.  Eaton. 

500 

W.  II.  Harries. 

1,200 

H.  F.  Barker. 

700 

Chas.  V.  Parks. 

1,300 

O.  Roos. 

135 

Odell  &  Seidl. 

2,000 

J.  R.  Jones. 

1,200 

Wm.  Watts. 

4,500 

H.  C.  Grass. 

300 

JEFF  H.  IRISH. 

654 

L.  H.  Zastroud,  '82. 

17.418 

Chas.  S.  Wheaton. 

1,200 

Geo.  Ketcham. 

367 

W.  L.  LAMB. 

— 

Mott  &  Gipson. 

6,459 

R.  Judson. 

1.000 

R.  H.  MARDEN,  '67. 

4,284 

R.  P.  Fitch. 

1,700 

C.  T.  Reeves. 

485 

F.  W.  Pearsall. 

1,200 

W.  II.  AUev. 

329 

W.  DeW.  PRINGLE. 

3,984 

Kipp  &  Preble. 

i;40() 

T.  J.  Knox. 

700 

L.  Rogers. 

1,054 

M.  Shields. 

1,200 

Robert  Tavlor. 

1,000 

K.  O.  G.Td.^s. 

515 

E.  E.  Sterling. 

391 

MINNESOTA. 


467 


PLACE. 

COUNTY. 

NAMES   OF  ATTORNEYS. 

popula'n. 

Lake  City 

Wabasha 

A.  Wells. 

3,000 

Lanesboro 

Fillmote 

B.  A.  Man. 

1,101 

Le  Sueur  Centre 

Le  Sueur 

Thomas  Hessian. 

1,774 

Litchfield 

Sleeker 

J.  M.  Russell. 

1,000 

Long  Prairie 

Todd 

Wni.  E.  Lee. 

53G 

Little  Falls 

]\Ioinsoii 

N.  Richardson. 

1,225 

Luverne 

Itock 

E.  n.  Canfield. 

1,34G 

Mankato 

JMue  Barth 

Willard  &  Hughes. 

10.000 

Marshall 

Lyou 

Forkes  &  Davidson. 

9,54 

Minneapolis. 

llENNEriN 

County.        Population, 

129,200 

COOK,  FRED.  C,  664  and  665  Bank  of  Minneapolis  Building. 
Jordan,  Penney  &  Hammond,  43  Washington  Ave. 

Jordan,  Arthur  N. 

Penney,  Robt.  L. 

Hammond,  Thos.  W.  • 

THO]\[PSON,  GAYLORD  W..  36-7-8  Stillman  Block, 
f  Elliott  &  Hopkins,  400  Lumber  Exchange. 
\  Lamb,  C.  L.,  555  Temple  Court. 


Montevideo 

Chippewa 

Moorhead 

Clay. 

Morris 

Stevens 

New  Ulm 

Brow 

Northfield 

Rice 

Ortonville 

Big  Stone 

Owatonna 

Steele 

Pipe  Stone 

Pipe  Stone 

Preston 

Fillmore 

Princeton 

Mille  Lacs 

Red  Wing 

Goodhue 

Redwood  Falls 

Redwood 

Rochester 

Olmstead 

Rushford 

Fillmore 

St.  Charles 

Winona 

St.  Cloud 

Steams 

St.  James 

Watonwan 

Budd  &  Moyer. 

1.500 

TAYLOR  &  GREENE. 

2,537 

STEVENS  CO.,  '84,  A.  and 

R.  E.  Agency. 

1,230 

J.  Newhart. 

3.335 

W.  S.  Pattee. 

3,000 

J.  J.  Whittemore,  '82. 

1,000 

f  T.  M.  Grant. 

C.  W.  Hadley. 

3,280 

F.  L.  Jones. 

1,109 

H.  R.  Wells. 

1,000 

J.  L.  Brady. 

1,000 

Hoyt  &  Michael. 

8,000 

Baldwin  &  Ward. 

1,500 

HENRY  C.  BUTLER. 

5.313 

Colburn  &  Son. 

1,200 

E.  Hill. 

1,183 

PETER  BRICK,  '68. 

4,360 

J.  W.  Seager. 

1,000 

St.  Paul. 


Ramsay  County. 


Population,  111,397. 


X  Chipman,*  Frank  E.,  coi-.  4th  and  Roberts  Sts. 

See  Card  in  Appendix,  page  xii. 

FALARDEAU,  P.  G.,  '82,  64  Court  Block. 

\  MaCarty  i&  McCook,  German  American  Building. 


St.  Peters 

Nicollet 

A.  A.  Stone. 

4,036 

Sauke  Centre 

Stearns 

Barto  &  Barto. 

1,579 

Sauk  Rapids 

Benton 

J.  A.  Senn. 

1,424 

Shakopee 

Scott 

Henry  Hind. 

1.833 

Sleei:>y  Eye 

Brown 

G.  W.  Sommerville. 

1,373 

Spring  Valley 

Fillmore 

A.  R.  llolmon. 

1,368 

Stillwater 

Washington 

H.  R.  Murdock. 

16,437 

Thompson 

Carlton 

H.  H.  Hawkin.s. 

529 

Taylor's  Falls 

Chisago 

D.  M.  Woodhurv. 

1,107 

468 


MINNESOTA. 


PLACE. 

COUNTY. 

NAMES    OF    ATTORNEYS. 

popula'n 

Wabasha 

Wabasha 

J.  H.  Mullen. 

3,000 

Wadena 

Wadena 

A.  G.  Broker. 

1,300 

Warren 

Marshall 

A.  Grinderland. 

50^ 

Waseca 

Waseca 

B.  S.  Lewis. 

2,513 

Wells 

Faribault 

I.  P.  West. 

1,500 

Willmar 

Kandiyohe 

B.  F.  Jennis. 

1,321 

Windorn 

Cottonwood 

Hon.  A.  D.  Perkins. 

1,641 

Winnebago  City 

Faribault 

A.  C.  Dunn. 

1,500 

Winona 

Winona 

Wilson  &  Bowers. 

15,624 

Worthington 

Nobles 

Daniel  Rohrer. 

1,800 

BANKS  IN   MINNESOTA. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  of  one 
bank  in  each  county  of  this  state  in  which  such  a  banking  institution  is  located. 


PAID  UP- 

PLACE. 

NAME   OF   BANK. 

CASHIER. 

CAPITAIi., 

Ada 

Bank  of  Ada 

W.  H.  Matthews. 

$  25.000 

Albert  Lea 

H  D  Brown  &  Co 

65,000 

Alexandria 

First  National  Bank 

G.  B.  Ward. 

60,000 

Anoka 

Anoka  National  Bank 

C.  S.  Guderian. 

100,000 

Austin 

First  National  Bank 

N.  F.  Banfield. 

50,000 

Benson 

Bank  of  Benson 

Frank  M.  Thornton. 

25,000 

Brainerd 

First  National  Bank 

A.  F.  Ferris. 

50.000 

Breckenridge 

Wilkin  County  Bank 

Kenaston,  Nelson  &  Co.    20,000 

Chaska 

Carver  County  Bank 

0.  W.  Lundsten. 

40,000 

Crookston 

First  National  Bank 

Chas.  E.  Sawyer. 

100,000 

Detroit 

((             .(           (( 

0.  D.  Brown. 

50,000 

Duliith 

American  Exchange  Bank 

A.  R.  Macfarlane. 

200,000 

Elk  River 

Bank  of  Elk  River 

Henry  Castle. 

10,000 

Fairmount 

Martin  County  Bank 

Chas.  Piatt. 

25,000 

Faribault 

Citizens'  National  Bank 

W.  S.  Morse. 

80,000 

Fergus  Falls 

First  National  Bank 

E.  A.  Jewett. 

100,000 

Glencoe 

t(                       ((                   u 

M.  Thoeny. 

50,000 

Glenwood 

Bank  of  Glenwood 

P.  Peterson. 

15,000 

Granite  Falls 

Yellow  Medicine  Co  Bank 

20,000 

Hastings 

First  National  Bank 

L.  S.  Follett. 

100,000 

Henderson 

Sibley  County  Bank 

Ernest  L.  Welch. 

50,000 

Litchfield 

Meeker  County  Bank 

E.  B.  Benson. 

25.000 

Long  Prairie 

Bank  of  Long  Prairie 

Wm.  E.  Lee. 

10,000 

Lu  Verne 

First  National  Bank 

W.  n.  Hurlbutt. 

50,000 

Mankato 

"             "           " 

Geo.  H.  Clarke. 

75,000 

Marshall 

Lyon  County  Bank 

S.  D.  How. 

25,000 

Minneapolis 

First  National  Bank 

Henry  G.  Sidle. 

1,000,000 

Montevideo 

Citizens'  Bank 

M.  E.  Titus. 

40,000 

Moorhcad 

Merchants'  Bank 

Thos.  C.  Kurtz. 

ino.ooo 

Morriss 

First  National  Bank 

Henry  S.  Judson. 

50,000 

New  Ulm 

Citizens'  Bank 

John  C.  Randolph. 

25,000 

Ortonville 

Orton's  Bank 

A.  J.  Parker. 

30,000 

Owatonna 

Fanners'  National  Bank 

A.  C.  Gutterson. 

75,000 

MINNESOTA. 


469 


PAID  Ul' 

PLACE, 

NAME   OF   BANK. 

CASHIER. 

CAPITAL. 

Pipestone 

Pipe.stone  County  Bank 

A.  H.  Merwin. 

.50,000 

Red  Wing 

First  National  Bank 

-Jesse  Mclntire. 

100,000 

Kochester 

U                        li                    i. 

Walter  Hurlbut. 

100,00(1 

Sauk  Rapids 

Benton  County  Bank 

H.  Berg. 

10,000 

Shakopee 

First  National  Bank 

D.  L.  How. 

150,000 

St.  Cloud 

((             ((           (1 

J.  G.  Smith. 

50,000 

Stillwater 

i(                      ((                   u 

F.  M.  Prince. 

250,000 

St.  James 

Bank  of  St.  James 

M.  K.  Armstrong. 

12,000 

St.  Paul 

Nat  German-American  Bk 

Joseph  Lockey. 

2,000,000 

St.  Peter 

First  National  Bank 

Fred'k  A.  Donahower 

.      50,000 

Wabasha 

a                  ii               <; 

L.  W.  Whitmore. 

50.000 

AVaseca 

People's  Bank 

G.  R.  Buckman. 

40,000 

Willmar 

Kandiyohi  County  Bank 

L.  0.  Thorpe. 

50,000 

Windom 

Bank  of  Windom 

J.  N.  McGregor. 

40,000 

Winona 

Second  National  Bank 

William  H.  Garlock. 

200.000 

Worthington 

Bank  of  Worthington 

George  0.  Moore. 

100,000 

STATE  OF 

]V[ISSISSIPPI. 

SUMMARY  OP 

COLIvKCTION     LaW3. 

Court  Calendar,  Instrttctions  for  taking   Depositions,  Legal  Forms,  Etct, 
Expressly  Prepareb  and  Revised  to  Nov.  1st,  1887,  for  "  Showers' 
*  Legal  Directory  and  Merchants'  Gttide."  for  1888,  by 

Shelton  &  Crutcheb,  of  the  Vicksburg  Bar. 

Acknowledgments. — Every  conveyance,  contract,  or  agreement  necessary 
to  be  recorded  in  this  state,  may  be  acknowledged  or  proved  before  any  of 
the  following  ofiicers,  to-wit :  Any  judge  of  the  supreme  court,  judge  of  a 
circuit  court,  chancellor,  any  clerk  of  a  court  of  record,  any  justice  of  the 
peace,  notary  public,  or  member  of  the  county  board  of  supervisors,  whether 
the  lands  conveyed  be  within  his  county  or  not. 

The  acknowledgment  of  a  deed  shall  be  in  the  form  or  to  the  effect  follow- 
ing to  wit : 

State  op  Mississippi,  ) 
County  of .      S     ' 

Personally  appeared  before  me a  judge  of  the  supreme  court   [or  a 

judge  of  the  circuit  court,  chancellor,  clerk  of  the covirt  for  the  county 

of justice  of  the  peace,  notary  public  or  members  of  the  board  of  super- 
visors for  the  county  of as  the  case  may  be]  the  within  named  A.  B.who 

acknowledged  that  he  signed  and  delivered  the  foregoing  instrument  on  the 
day  and  year  therein  mentioned. 

Given  under  my  hand  (and  seal  of  office,  if  a  clerk  of  a  court)  this 

day  of 188 — .     Acknowledgments  out  of  this  state,  if  the  party  who 

shall  execute  any  conveyance  for  land,  etc.,  lying  in  this  state,  or  if  the  wit- 
nesses thereto  be  not  in  this  state  but  in  some  other  state  or  territory  of  the 
Union,  then  the  acknowledgment  or  proof  may  be  made  before  and  certified 
by  any  justice  of  the  supreme  court  of  the  United  States,  district  judge  of 
United  States  or  any  judge  or  justice  of  the  supreme  or  superior  courts  of 
any  state  or  territory  of  the  union,  any  justice  of  the  peace,  whose  official 
character  shall  be  certified  under  seal  of  some  court  of  recoi'd  in  his  county 
or  before  any  commissioner  for  this  state  residing  in  such  state  or  territory. 
The  form  must  be  the  same  as  used  in  this  state. 

Acknowledgment  in  foreign  country,  may  be  made  before  any  court  of 
record,  or  the  mayor  or  chief  magistrate  of  any  city  or  borough,  or  before 
any  ambassador,  foreign  minister,  secretary  of  legation,  or  consul  of  the 
United  States  to  the  kingdom  or  country  where  the  acknowledgment  is 
taken.  Acknowledgment  must  be  certified  to  and  certificate  must  show 
identity  of  i>arty  making  acknowledgment  and  that  he  acknowledged  execu- 
tion of  the  instrument. 

[Mlss.l.] 


MISSISSIPPI.  471 

Actions. — Actions  must  bo  commenced  in  the  proper  com-t  of  the  county 
in  which  the  defendant  resides,  except  suits  in  ejectment  and  actions  for 
trespass  on  land,  which  niust  he  brought  in  the  county  in  which  the  land  is 
situated,  and  suits  of  replevin  which  may  be  brought  in  the  county  where 
the  property  is  found. 

The  commencement  of  the  action  is  the  date  of  the  filing  the  declaration 
in  the  proper  court. 

Actions  against  railroad,  express,  steamboat  or  telegraph  companies  or 
against  individuals  managing,  owning  or  controlling  same  may  be  brought 
in  any  county  in  the  state  in  which  any  part  of  such  railroad,  express,  steam- 
boat or  telegraph  line  may  be,  for  any  cause  arising  from  such  business. 
The  old  comm<m  law  fonns  are  almost  universally  used  in  the  state,  though 
the  code  provides  that  the  decilaration  may  set  out  in  clear  and  concise  form 
the  ground  of  action,  without  regard  to  fonn. 

If  a  judge  of  a  court  be  a  party  in  interest  the  action  must  be  instituted 
in  an  adjacent  district.  If  against  a  foreign  corporation  the  action  may  be 
commenced  in  any  county  in  the  state  where  service  of  process  may  be  had 
on  any  agent. 

Administration  of  Estates  of  Decedents.— The  granting  of  letters  of  ad- 
ministration, or  testamentary,  and  the  hearing  and  determining  of  the 
administration,  pertains  to  the  chancery  court  of  the  county  in  which  the 
decedent  had  a  known  place  of  residence  or  mansion-house,  at  the  time  of 
his  decease,  but  if  he  had  neither,  then  to  the  chancery  court  of  the  county 
in  which  he  died.  The  court  will  grant  letters  to  the  next  of  kin,  who  will 
apply,  ijrcferriug  first  husband  or  wife,  and  then  such  others  as  may  be  next 
entitled  to  distribution,  preferring  the  one  in  the  opinion  of  the  coart  best  cal- 
culated to  manage  the  estate.  If  no  such  person  apply  in  thirty  days  after 
death  of  party,  the  court  may  grant  administration  to  a  creditor  who  may 
apply,  or  to  any  other  person.  Letters  will  not  be  granted  to  any  one  v;nder 
twenty-one  years  of  age,  of  unsound  mind,  or  who  has  been  convicted  of  any 
crime,  rendering  sixch  person  infamous.  Before  any  letters  are  granted,  bond 
in  double  the  amount  of  the  personalty  left  by  decedent,  must  be  given.  The 
administrator  must  take  and  subscribe  an  oath,  to  well  and  truly  administer 
the  goods  and  chattels  of  decedents. 

Appraisers  are  appointed  by  the  coiirt  to  appraise  all  iici"sonal  property. 
The  inventory  and  appraisement  must  be  returned  by  the  administrator 
within  three  months  from  time  letters  are  granted.  In  each  county  there  is 
a  county  administrator  appointed  by  the  chancellor,  to  whom  letters  are 
granted  when  no  one  has  applied  for  letters  within  six  months  after  the  death 
of  decedent.  The  same  remedies  are  given  by  law  against  county  adminis- 
trators as  against  other  administrators.  It  is  the  duty  of  the  administrator 
immediately  upon  his  appointment,  to  give  notice  by  publication,  and  notify 
all  persons  having  claims  against  theestiite  of  the  decedent,  to  come  forward 
and  prove  and  register  same.  Administrators  ai'e  required  to  make  settle- 
ments of  accounts  once  every  twelve  months,  with  the  chancery  court.  Per- 
sons having  claims  against  estates  of  decedents  nuist  i)rove  same,  and  have 
them  registered  in  th.e  office  of  tiie  clerk  of  the  ciiancery  court,  and  allowed 
by  the  clerk  within  one  year  after  first  notice  given  by  administrator,  other- 
wise they  will  be  barred. 

If  the  claim  is  a  bond,  bill  or  note,  the  paper  itself  must  be  exhibited  with 
the  oath  of  the  creditor  that  no  i)art  of  the  money  intended  to  be  secured 
thereby  has  been  paid,  and  no  security  or  satisfaction  given  for  same  (except 
the  amount  credited,  if  any.)  If  an  o])('U  account,  the  affidavit  must  state 
that  the  amount  as  stated,  is  just  and  true,  and  that  no  pn  rt  of  tho  money 
stated  to  be  due  has  been  received,  nor  any  security  or  satisfaction  for  the 
same,  (except  what  is  credited,  if  any.)  If  a  judgment  or  dticree,  there  must 
be  a  short  copy  certified  by  the  clerk  of  the  court  in  which  it  was  rendered, 
who  must  also  certify  that  there  is  no  entry  or  proceeding  in  said  court,  to 
show  the  judgment  has  been  satisfied,  and  an  affidavit  as  for  other  claims 
IMiss.  2] 


«72  MISSISSIPPI. 

also  attaclied.  If  the  estate  has  been  declared  insolvent  by  the  court,  six 
months'  notice  must  be  given  creditors,  by  publcaition,  to  prove  their  claims, 
and  unless  probated  and  registered  in  that  time,  they  will  be  barred.  No 
suit  can  be  brought  against  an  administrator  within  six  months  after  his  ap- 
pointment. Administrators  are  prohibited  from  removing  any  of  the  per- 
sonal property  belonging  to  the  estate  of  the  decedent  out  of  the  state. 

All  property  not  exempt  by  law  stands  charged  with  the  debts  of  the  de- 
cedent. 

AfB.davitS. — Affidavits  may  be  made  before  any  judge  of  a  court  of  record 
in  this  state,  any  clerk  of  such  court,  or  his  deputy,  any  member  of  the  board 
of  supervisors,  any  justice  of  the  peace,  master  or  commissioner  in  chancery 
or  notary  i)ublic.  The  party  making  affidavit  may  either  make  oath  or 
affirmation.  Such  oath  or  affinnation  may  be  made  by  the  agent  or  attorney 
of  a  i^arty,  and  is  as  effectual  as  if  made  by  himself. 

Aliens. — Aliens  may  acquire  and  hold  property  real  or  personal,  may  dis- 
pose of  it  by  will  or  otherwise,  or  transmit  it  by  descent  in  the  same  manner 
as  citizens  of  the  state  may  do. 

Appeals. — To  the  Supreme  Court. — Writs  of  error  are  abolished,  and  all 
cases  go  to  the  supreme  court  by  appeal.  An  appeal  may  be  taken  to  the 
supreme  court  from  any  final  judgment  of  a  circuit  court,  not  being  a  judg- 
ment by  confession,  or  from  a  final  decree  of  a  chancery  court.  The  appeal 
must  be  taken  within  two  years  from  the  date  of  the  judgment  or  decree  ap- 
pealed from.  In  all  cases,  except  those  of  incorporated  cities,  counties, 
state,  administrators  and  executors,  the  one  appealing  must  give  bond  for 
cost,  and  if  he  wishes  to  supercede  the  judgment  or  decree  must  give  bond 
in  double  the  amount  of  the  judgment  or  decree  in  the  lower  court. 

Upon  overruling  a  demurrer  in  the  chancery  court  the  party  demurring 
may  appeal  to  the  supreme  court  without  being  compelled  first  to  answer, 
but  such  appeal  must  be  applied  for  and  bond  given  during  the  term  of 
court  at  which  the  demvirrer  was  overruled.  Appeal  may  be  granted  during 
term  time,  or  hi  vacation,  from  any  interlocutory  order  or  decree,  by  the 
chancellor.  Appeals  lie  in  habeas  corpus  or  from  any  conviction  in  the  cir- 
cuit court.  Appeals  lie  also  from  an  order  of  punishment  for  contempt, 
when  the  contempt  is  not  committed  in  the  presence  of  the  court  or  so  near 
as  to  disturb  the  court  or  interfere  with  its  business. 

One  of  several  interested  may  appeal,  those  not  joining  in  the  appeal  are 
not  affected  by  the  decision  of  the  supreme  court,  but  if  summoned  to  join 
in  the  appeal  and  refuse  they  cannot  after  have  the  right  to  appeal. 

The  appeal  in  all  cases  of  final  judgments  or  decrees  is  by  petition  to  the 
clerk  of  the  court. 

To  the  Circuit  Court. — Appeals  lie  to  the  circuit  court  from  decisions  of 
the  board  of  supervisors  and  from  any  judgment  of  a  justice  of  the  peace. 
Appeals  from  judgments  of  a  justice  of  the  peace  must  be  taken  and  bond 
given  in  five  days  after  the  rendition  of  the  judgment,  bond  to  be  double 
the  amount  of  the  judgment  or  value  of  the  property  in  dispute,  and  in  no 
case  less  than  one  hundred  dollars. 

On  appeal  from  a  justice  of  the  peace  the  case  is  tried  de  novo  in  the  cir- 
cuit court,  and  where  the  amount  in  controversy  exceeds  the  sum  of  fifty 
dollars,  exclusive  of  cost,  either  party  may  appeal  the  case  from  the  circuit 
to  the  supreme  court. 

Where  the  defendant  appeals  to  the  circuit,  and  the  original  judgment  is 
affirmed,  ten  per  cent,  damages  is  awarded  on  amount  of  judgment  in 
justice  court. 

^jirest. — No  arrest  for  debt  or  in  any  civil  action. 

[Miss.  3  ] 


MISSISSIPPI.  473 

Assignment. — No  general  assigument  laws  in  the  state.  A  debtor  may, 
in  making  assignment,  prefer  any  creditor  to  the  exclusion  of  all  others, 
may  give  all  his  etlects  to  any  one  creditor  in  payment  of  his  claim,  provided 
such  assigmuent  be  not  fraudulent.  Such  assignments  do  not  atfect  any  pre- 
existinor  lien. 

Attachments. — Attachments  may  issue  for  the  collection  of  all  debts, 
and  claim  lor  damages  growing  out  of  the  breach  of  any  contract,  and  claims 
founded  on  any  of  the  penal  laws  of  the  state,  when  the  creditor,  his  agent 
or  attorney  shall  make  and  file  an  affidavit  setting  forth  the  amount  of  his 
debt,  and  charging  one  or  more  of  the  following  grounds  : 

1st.  That  the  defendant  is  a  foreign  corporation  or  a  non-resident  of  this 
state.  2d.  Tliat  he  has  removed  or  is  about  to  remove  himself  or  his 
property  out  of  the  state.  3d.  That  he  so  absconds  or  ct)nceals  himself  that 
he  cannot  be  served  with  summons.  4th.  That  he  has  contracted  the  debt 
or  inciirred  the  obligation  in  conducting  the  business  of  a  ship,  steamboat 
or  other  water-craft  in  some  of  tiie  navigable  waters  of  this  state.  5th. 
That  he  has  property  or  rights  in  action  which  he  conceals  and  unjustly 
refuses  to  apply  to  the  pajmient  of  his  debts.  6th.  That  he  has  assigned 
or  disposed  of,  or  is  about  to  assign  or  dispose  of  his  i)roperty  or  rights  in 
action,  or  some  i)ai't  thereof,  with  intent  to  defraud  his  creditors.  7th.  That 
he  has  converted  or  is  about  to  convert  his  pro^jerty  into  money  or  evidences 
of  debt  with  intent  to  place  it  beyond  the  reach  of  his  creditors.  8th.  That 
he  fraudulently  contracted  the  debt  or  incurred  the  obligation  for  which 
suit  has  been  or  is  about  to  be  brought. 

Attachments  may  issue  for  debts  not  due,  if  sued  out  on  the  6th,  7th  or 
8th  ground  or  if  the  creditor,  his  agent  or  attorney  make  affidavit  that  he 
has  just  cause  to  believe  and  verily  believes  that  the  debtor  will  remove  him- 
.self  or  his  eifects  out  of  the  state  before  said  debt  will  become  i)ayable,  witli 
intent  to  hinder,  delay  or  defraud  his  creditors,  or  that  he  has  so  removed  with 
out  leaving  property  in  this  state.  Before  the  writ  shall  issue  the  attaching 
creditor  must  give  bond  with  one  or  more  sureties,  in  double  the  amount  of 
the  debt  claimed.  Conditioned  to  pay  all  such  damages  as  the  defendant 
shall  sustain  by  the  wrongful  suing  out  the  attachment  and  cost  of  suit. 

Non-resident  .may  attach.  The  writ  may  be  levied  on  any  property  real  or 
personal  not  exempt  by  law  from  attachments  and  executions,  including 
books  of  account,  choses  in  action  and  evidences  of  debt,  wherever  found, 
and  may  have  appended  to  it  a  writ  of  garnishment. 

The  defendant  may  j^lead  in  abatement  to  the  grounds  of  attachment  as  a 
separate  issue,  and  if  successful  may  recover  all  such  damages  as  he  shall 
suffer  from  the  wrongful  suing  out  of  the  attachment,  and  if  the  jury  shall 
certify  in  their  verdict  that  they  believe  the  attachment  was  sued  out  reck- 
lessly or  wantonly  and  without  probable  cause,  or  with  intent  to  oppress  the 
defendant,  then  they  shall  not  be  confined  to  actual  damages  merely  but  any 
damages  they  may  assess  for  the  defendant  shall  stand,  unless  the  court 
shall  certify  in  the  judgment  setting  aside  such  verdict,  that  in  its  opinion 
the  same  is  grossly  unconscionable  or  wholly  unwarranted  by  the  facts. 

Any  creditor  can  contest  the  grovmds  of  attachment,  by  intervening  and 
controverting  affidavit  of  attachment,  or  by  showing  that  the  debt  on  which 
the  attachment  writ  issued  was  simulated  or  fraudulent.  Plaintiff  may  at 
any  time  dismiss  his  attachment, but  by  so  doing  he  cannot  defeat  defendant's 
right  to  recover  damages  when  the  defendant  is  successful  in  his  plea  in 
abatement  to  the  writ ;  the  attachment  only  is  abated ;  the  suit  is  then  pro- 
ceeded with  as  though  it  were  an  ordinary  action. 

It  is  mandatory  upon  an  officer  receiving  writs  of  attachment  to  levy  them 
in  the  order  in  which  he  received  them. 

The  plaintiff  in  an  attachment  suit  may  have  the  damages  which  defend- 
ant recovers  upon  the  abatement  of  the  attachment,  credited  on  the  judg- 
ment which  he  may  recover  against  the  defendant. 

IMiBS.  4.] 


474  MISSISSIPPI. 

Banks  and  Banking. — There  are  no  special  laws  upon  the  subject  of  bank- 
ing, except  to  prohibit  all  unlawful  banking.  That  is,  doing  a  banking  busi- 
ness of  any  kind  without  first  having  been  granted  a  charter  therefor.  Each 
bank  in  a  city  or  town  of  more  than  six  thousand  inhabitants,  pays  a  privi- 
lege tax  to  the  state  of  one  thousand  dollars,  which  is  in  lieu  of  all  taxes  on 
seventy-five  thousand  dollars  of  its  assets  ;  biit  this  does  not  exempt  any  of 
its  real  estate  from  taxation.     In  smaller  places  the  privilege  tax  is  less. 

Bills  of  Lading,  Warehouse  Receipts. — No  statute  upon  the  subject  gov- 
erned by  common  law. 

Chattel  Mortgages. — Are  executed  as  other  mortgages.  It  is  not  necessary 
to  deliver  possession  of  property  mortgaged  to  mortgagee.  Substantially 
the  same  laws  govern  as  in  mortgages  of  realty.  If  property  is  removed 
from  the  county  in  which  the  mortgage  is  recorded  to  another  county,  the 
mortgagee  may  protect  himself  by  having  the  mortgage  recorded  in  the  lat- 
ter county,  within  twelve  months  after  the  removal. 

Claims  against  Estates  of  Decedents. — {See  Administration.') 

Conditional  Sales  of  Personal  Property.— No  statute  regulating  condi- 
tional sales  of  personalty,  though  the  supreme  court  has  decided  that  where 
there  is  a  sale  with  the  condition  that  the  title  shall  remain  in  the  vendor 
until  the  purchase  money  is  paid,  the  vendor  may  reclaim  the  property  upon 
condition  broken,  even  in  the  hands  of  an  innocent  purchaser. 

Corporations. — Domestic. — All  corporations  in  this  state,  except  those  of 
cities,  towns,  express,  railroad  and  telegraph  compauies,  may  be  created  by 
preparing  a  charter  with  the  proper  title  of  the  corporation,  which  must  con- 
tain a  clear  and  definite  statement  of  the  purposes  for  which  the  corporation 
is  created,  the  period  for  which  the  corporation  shall  exist,  the  names  of  the 
incorporators,  the  corporate  name,  the  powers  to  be  exercised,  and  whatever 
else  may  be  necessary  to  be  stated.  The  charter  must  be  published  three 
consecutive  weeks  in  a  newspaper  published  in  the  county  in  which  the 
corporation  has  its  domicile. 

The  charter  must  be  submitted  to  the  governor  for  his  approval.  If  the 
governor  api)roves,  all  the  powers  therein  specified  shall  be  vested  in  such 
corporation.  The  capital  stock  of  such  corporation  shall  be  unlimited  in 
amount.  They  may  hold  and  own  realty  and  personalty  to  any  amount,  may 
sell  or  in  any  nianuer  encumber  same,  may  bcu'row  money  and  issue  mt)rt- 
gage  bonds  to  secure  same,  and  may  sell,  exchange,  or  hypothecate  such 
bonds. 

In  actions  brought  by  persons  against  such  corporations,  it  shall  be  no  de- 
fence that  there  was  any  defect  or  informality  in  the  organization  of  the  cor- 
poration. 

Any  alterations  or  amendments  may  be  made  by  the  assent  of  a  majority 
of  the  stock,  in  the  same  manner  that  the  charter  was  originally  procured. 
Process  against  corporations  may  be  served  on  the  president  or  any  other 
officer,  agent  or  director.  Suits  against  corporations  must  be  commenced  in 
the  county  where  their  princii)al  place  of  business  may  be,  except  against 
railroads,  express,  steamboat,  telegraph  and  insurance  companies.  Actions 
against  these  may  be  brought  in  any  county  in  which  any  part  of  such  rail- 
road, express  route,  steamboat  way  or  telegraph  line  may  be. 

Actions  against  insurance  companies  may  be  brought  in  any  county  in 
which  a  loss  may  occur,  or  where  the  princiiial  place  of  business  may  be, 
and  in  case  of  foreign  companies,  in  any  county  where  service  of  process  may 
be  had  on  an  agent  of  such  company.  Stockholders  are  liable  for  the  debts 
of  the  corporation  to  the  amount  of  their  unpaid  stock.  The  property  and 
franchise  may  be   sold  under  execution ;  tlie  franchise  so  sold  may  be  re- 

[Miss.  5.] 


MISSISSIPPI.  475 

deemed  at  any  time  in  six  months  by  paying  to  the  purchaser  the  amount 
paid  by  him  with  ten  per  cent,  added.  On  dissolution  of  a  corporation  the 
assets  are  vested  in  the  stockholders  in  proportion  to  the  paid  up  stock  of 
each.  After  dissolution  they  continue  bodies  corjjorate  for  three  years  for 
the  purpose  of  settling  up  all  business,  and  may  sue  and  be  sued  during  that 
tune. 

Foreign  Corporations  may  sue  in  this  state  by  their  corporate  name  and 
may  be  sued  or  proceeded  against  by  attachment. 

Cost,  Security  for. — The  clerk  of  any  court  may  refuse  to  fill  any  bill 
or  declaraticm  where  the  jjlaintiff  is  a  non-resident  of  the  state,  or  insolvent, 
unless  security  is  first  given  for  all  cost. 

After  suit  is  commenced,  tne  plaintiff  may  be  required,  on  motion  of  the 
clerk,  or  any  party  interested,  to  give  security  for  all  cost  accrued  or  to  ac- 
crue, affidavit  having  first  been  made  of  the  non-residency  or  insolvency. 
Sixty  days  are  given  in  which  to  give  the  security, except  in  cases  before  jus- 
tices of  the  peace,  where  ten  days  are  given.  Money  may  be  deposited  in 
lieu  of  bond.  A  party  not  able  to  give  security  may  make  afl&davit  to  that 
effect,  when  his  suit  may  progress  without  security. 

Courts. — Terms  and  Jurisdiction  of — The  courts  of  this  state  consist  of 
the  supreme  court,  which  is  held  in  Jackson.  Two  terms  per  year.  The 
fall  term  commencing  the  third  Monday  in  October  of  each  year.  The 
spring  term  commencing  the  first  Monday  in  Ajiril  of  each  year.  Appellate 
only  entertains  appeals  in  all  controversies  whenever  the  amount  in  contro- 
versy exceeds  the  sum  of  fifty  dollars,  exclusive  of  interest  and  cost. 

Chancery  Court,  presided  over  by  a  chancellor,  two  terms  of  which  are 
held  in  each  county  per  year.  Has  exclusive  chancery  jurisdiction  without 
regard  to  amoiuit  in  controversy. 

Circuit  Courts,  presided  over  by  a  judge.  Two  terms  in  each  county  per 
year,  except  in  Adams  and  Warren  where  three  are  held,  lias  original  jur- 
isdiction in  civil  matters  oidy  where  the  amount  in  controversy  exceeds  the 
sum  of  one  hundred  and  fifty  dollars,  exclusive  of  interest  and  cost.  Has 
appellate  jurisdiction  in  matters  involving  any  sum  coming  from  justice  of 
jKjace  courts. 

Justice  of  the  Peace  Courts. — There  are  two  justices  of  the  i)oace  in  each 
district,  each  of  whom  hold  two  courts  per  mcmth.  Has  original  jurisdic- 
tion in  civil  matters  in  all  cases  where  the  amount  in  controversy  does  not 
exceed  one  hundred  and  fifty  dollars,  exclusive  of  interest. 

Court  Calendar. — 

Count!/.  Circuit  Court.  Chancery  Court. 

Adams      2d  Mon.  in  May  .and  Deo.  1st  Mon.  in  Juno  and  Nov. 

Alcorn 3d  Mon.  in  Jan.  and  July.  2d  Mon.  in  April  and  Oct. 

Amite 2d  Alon.  in  March  and  Sept.  ."id  Mon.  in  May  and  Nov. 

Attala 1st  Mon.  in  March  and  Oct.  3d  Mon.  in  Feb.  and  Sept. 

Bolivar iid  Mon.  after  2d  Mon.  in  March  1st  Mon.  in  May  and  Nov. 

and  Oct. 

Benton .3d  Mon.  in  March  and  Sept.  1st  Mon.  in  Maj'  and  Nov. 

Calhoun 1st  Mon.  in  March  and  Sept.  3d  Mon.  in  Feb.  and  Aug. 

Carroll 4tli  Mon.  in  March  and  Oct.,  1st  Mon.  in  April  and  Nov. 

2d  Mon.  in  April  and  Nov.  2d  Mon.  in  April  and  Nov. 

Chickasaw.  .  .  .     3d  Mon.  in  !March  and  Sept.,  3d  Mon.  in  IMay  and  Nov., 

2d  Mon.  in  April  and  Oct.  4th  Mon.  in  May  and  Nov. 

Choctaw 1st  Mon.  in  Feb.  and  Sept.  4th  Mon.  in  April  and  Oct. 

Clari borne  .   .   .   .     9th  Mon.  after  4tli  Mon.  in  Mar.  4th  Mon.  in  April  and  Oct. 

and  Sept. 

Clarke 3d  Mon.  Feb.  and  Augnst.  1st  Mon.  in  May  and  Nov. 

Coahoma     ....     2d  Mon.  in  March  and  Oct.  3d  Mon.  in  May  and  Nov. 

[Miss.  6.] 


476 


MISSISSIPPI. 


•Copiah 4th  Mon.  in  April  and  Oct. 

Covington  ....  8d  Mon.  in  May  and  Nov. 

-Clay 3d  Mon.  in  March  and  Sept. 

Desoto 3d  Mon.  in  March  and  Sept. 

Franklin     ....  4th  Mon.  in  March  and  Sept. 

Greene 2d  Mon.  in  April  and  Oct. 

■Grenada 2d  Mon.  in  Jan.  and  July. 

Hancock 2d  Mon.  In  May  and  Nov. 

Harrison     ....  4th  Mon.  in  May  and  Nov. 

Hinds 1st  Mon.  in  Jan.,  4th  Mon.  June, 

1st  Mon.  Feb.  3d  Mon.  July. 

Holmes 4th  Mon.  in  April  and  Nov. 

Issaquena  ....  13th  Mon.  afler  2d  Mon.  in  Mar. 

and  Oct.  J 

Itawamba  ....  2d  Mon.  in  March  and  Sept. 

Jackson 1st  Mon.  in  June  and  Dec. 

Jasper 4th  Mon,  in  March  and  Sept. 

Jeflferson 7th  Mon.  after  4th  Mon  in  Mar. 

and  Sept. 

Jones 4th  Mon.  in  May  and  Nov. 

Kemper 1st  Mon.  in  Feb.  and  Aug. 

Lafayette    ....  1st  Mon.  in  May  and  Nov. 

Lincoln 4th  Mon.  in  Jan.  and  July. 

Lee 3d  Mon.  in  Feb.  and  Aug. 

Lowndes 2d  Mon.  in  June  and  Dec. 

Leflore 1st  Mon.  in  July  and  Jan. 

Lake 1st  Mon.  in  March  and  Sept. 

Lauderdale    .  .  .  1st  Mon.  in  June  and  Dec. 

Lawrence    ....  4th  Mon.  in  May  and  Nov. 

Marshall 1st  Mon.  in  April  and  Oct. 

Montgomery    .  .  3d  Mon.  in  Feb.  and  Sept. 

Marion 1st  Mon.  in  May  and  Sept. 

Madison 4th  Mon.  in  March  and  Sept. 

Monroe 1st  Mon.  In  May  and  Nov. 

Newton    .  .  .  .    •    Last  Mon  in  Jan.  and  July. 

Noxubee 3d  Mon.  in  Feb.  and  Aug. 

Neshoba 1st  Mon.  in  Feb.  and  Aug. 

Oktibbeha.  .  .  .     3d  Mon.  in  May  and  Nov. 
Panola 4th  Mon.  after  4th  Mon.  in  Mar. 

and  Sept. 
6th  Mon.  after  4th  Mon.  in  Mar. 

and  Sept. 

Prentiss 1st  Mon.  in  Feb.  and  Aug. 

Pontotoc 1st  Mon.  in  Feb.  and  Aug. 

Perry 4th  Mon.  in  April  and  Oct. 

Pike 2d  Mon.  in  Jan.  and  July. 

Q,uitman 1st  Mon.  in  March  and  Oct. 

Rankin 2d  Mon.  in  Feb.  and  Aug. 

.Sharkey 4th  Mon.  in  April  and  Nov. 

f5unflower  ....     6th  Mon.  after  2d  Mon.  in  Mar. 

and  Oct. 

Scott 2d  Mon.  in  April  and  Oct. 

Simpson 2d  Mon.  in  May  and  Nov. 

Smith 4th  Mon.  in  April  and  Oct. 

Tishomingo  ...     2d  Mon.  in  Jan.  and  July. 

Tippah 1st  Mon.  in  Mar.  and  Sept. 

Tallahatchee     .  .     10th  Mon.  after  4th  Mon.  in 

March  and  Sept. 
Tate 2d  Mon.  after  4th  Mon.  in  Mar. 

and  Sept. 
Tunica 8th  Mon.  after  4th  Mon.  in  Mar. 

and  Sept. 

Union .Sd  Mon.  In  Feb.  and  Aug. 

Washington  .  .  .     8th  Mon.  after  2d  Mon.  in  Mar. 

and  Oct. 

"Webster 3d  Mon.  in  .Tan.  and  Aug. 

AVayne 1st  Mon.  in  April  and  Oct. 

Warren    .....     1st  Mon.  in  Jan.,  April  and  Oct. 

Winston 3d  Mon.  in  .Jan.  and  July. 

Wilkinson  ....     2d  Mon.  after  4tn  Mon.  in  Mar. 

and  Sept. 
Yalobusha  ....     3d  Mon.  in  May  and  Nov., 

1st  Mon.  in  .Tune  and  Dec. 
:Zazoo 4th  Mon.  in  May  and  Nov. 


1st  Mon.  in  Jan.  and  .July. 
2d  Mon.  in  April  and  Oct. 
2d  Mon.  in  June  and  Dec. 
3d  Mon.  after  4th  Mon.  in  Mar. 

and  Sept. 
2d  Mon.  in  May  and  Nov. 
4th  Mon.  in  March  and  Sept. 
1st  Mon.  in  March  and  Sept. 
3d  Mon.  in  March  and  Sept. 
2d  Mon.  in  March  and  Sept. 
2d  Mon.  in  March  and  Sept., 

1st  Mon.  in  June  and  Dec. 
1st  Mon.  in  Feb.  and  Sept. 
1st  Mon.  in  April  and  Oct. 

4th  Mon.  in  April  andOct. 
1st  Mon.  in  March  and  Sept. 
3d  Mon.  in  April  and  Oct. 
2d  Mon.  in  March  and  Sept. 

4th  Mon.  in  April  and  Oct. 
2d  Mon.  in  May  and  Nov. 
2d  Mon.  in  April  and  Oct. 
4th  Mon.  in  June  and  Dec. 
1st  Mon.  in  May  and  Nov. 
3d  Mon.  in  May  and  Nov. 
3d  Mon.  in  May,  and  4th  Mon. 

in  Nov 
4th  Mon.  in  May  and  Nov. 
3d  Mon.  in  May  and  Nov. 
4th  Mon.  in  March  and  Sept. 
4th  Mon.  in  Jan  and  July. 
2d  Mon.  in  March  and  Oct. 
2d  Mon.  after  4th  Mon.  in  Mar. 

and  Sept. 
3d  Mon.  in  Jan.  and  July. 
1st  Mon.  in  March  ar,d  Sept. 
2d  Mon.  in  May  and  Nov. 
4th  Mon.  in  April  and  Oct. 
3d  Mon.  in  May  and  Nov. 
2d  Mon.  in  March  and  Sept. 
7th  Mon.  after  4th  Mon.  in  Mar. 

and  Sept. 
9th  Mon.  after  4th  Mon.  in  Mar. 

and  Sept. 
1st  Mon.  in  April  and  Oct. 
1st  Mon.  in  March  and  Sept. 
1st  Mon.  after  4th  Mon.  in  Mar. 

and  Sept. 
1st  Mon.  in  June  and  Dec. 
4th  Mon.  in  May  and  Nov. 
2d  Mon.  in  March  and  Sept. 
1st  Mon.  in  March,  4th  Mon.  in 

Sept. 
1st  Mon.  in  June  and  Dec. 

1st  Mon.  in  June  and  Dec. 
1st  Mon.  in  April  and  (^ct. 
1st  Mon.  in  May  and  Nov. 
4th  Mon.  in  March  and  Sept. 
2d  Mon.  in  May  and  Nov. 
3d  Mon.  in  March  and  Sei:)t. 

5tli  Mon.  after  4th  Mon.  in  Mar. 

and  Sept. 
1st  Mon.  after  4th  Mon.  in  Mar. 

and  Sept. 
1st  Mon.  in  May  and  Nov. 
2d  Mon.  in  April  and  Oct. 

3d  Mon.  in  April  and  Oct. 

4th  Mon.  after  4th  Mon.  in  Mar. 

and  Sept. 
1st  Mon.  in  May  and  Dec. 
2d  Mon.  in  April  and  Oct. 
2d  Mon.  in  Jan.  and  July. 

4th  Mon.  in  March  and  Sept., 
1st  Mon.  in  April  and  Oct. 
4th  Mon.  in  March  and  Sept. 

[Miss.  7.] 


MI8SIS8IPPI.  477 

Curtesy. — Abolished  by  code  of  1880.  The  husband  takes  a  child's  part 
in  fee.     {See  Descent  and  Distribution.) 

Deeds. — Any  interest  or  claim  to  land  may  be  made  to  vest  immediately, 
or  in  future,  by  writing  signed  and  delivered.  A  freehold  or  leasehold  for  a 
term  of  more  than  one  year  nnist  be  in  writing,  signed  and  delivered,  words 
of  inheritance  are  not  necessary  in  a  deed.  Estates  in  fee  tail  are  prohibited. 
All  such  are  held  to  be  in  fee  simple,  but  a  person  may  make  a  conveyance 
or  devise  of  land  to  a  succession  of  donees  then  living,  not  exceeding  two, 
and  to  the  heirs  of  the  body  of  the  remainder  one,  and  in  default  thereof  to 
the  right  heirs  of  the  donor  in  fee  simple. 

Grants  of  rents,  reversions,  or  remainders  are  good  without  attornment  of 
the  tenants.  A  married  woman  can  convey  real  estate  as  if  she  were  not 
married,  the  husband  can  convey  his  land  without  the  joinder  of  his  wife. 
Corporations  may  convey  under  their  corporate  seal  and  the  signature  of  the 
proper  officer. 

A  conveyance  of  quit  claim  and  release  is  sufficient  to  pass  all  the  estate 
the  grantor  has  in  the  land  conveyed,  and  will  estop  the  grantor  or  his  heirs 
from  asserting  an  after  acquired  adverse  title. 

The  words  grant,  bargain  and  sell  operate  as  an  express  covenant  to  the 
grantee,  his  heirs,  and  assigns,  that  the  grantor  was  seized  of  an  estate  free 
from  incumbrances,  made  or  suftered  by  the  grantor,  as  also  for  quiet  enjoy- 
ment against  the  grantor,  his  heirs  and  assigns,  unless  limited  by  express 
words  contained  in  the  conveyance. 

All  conveyances  made  to  two  or  more  persons,  or  to  husband  and  wife, 
create  an  estate  in  common,  and  not  in  joint  tenancy,  or  entirety,  unless  it 
appear  from  the  instrument  that  it  Was  intended  to  create  an  estate  in  joint 
tenancy  with  riglit  to  the  survivor.  This  does  not  ajjply  to  mortgages  or 
conveyances  made  in  trust. 

Conveyances  made  by  commissioners,  sheriffs  or  constables  for  lands  sold 
by  virtue  of  any  decree  or  judgment  of  a  court  in  this  state,  passes  all  the 
interest  the  defendant  had  in  such  lands,  but  does  not  prejudice  the  rights 
of  other  claimants. 

The  rule  in  Shelly's  case  is  abolished.  A  conveyance  of  land  to  any  per- 
son for  life  with  the  remainder  to  his  heirs  or  heirs  of  his  body,  shall  be  held 
to  create  an  estate  for  life  in  such  person,  with  remainder  to  his  heirs  or  heirs 
of  his  body,  who  take  as  purchasers. 

Deeds  may  be  acknowledged  before  any  judge  or  clerk  of  a  court  of 
record,  member  of  the  board  of  supervisors,  justice  of  the  peace  or  notary 
public.     For  form  of  acknowledgment  see  acknowledgments. 

Form  of  Deed  in  vogue  in  this  State. 

In  consideration  of  the  sum  of dollars,  I   convey  and  warrant  to 

John  Doe,  the  land  described  as  (here  insert  description  of  land). 

Witness  my  signature  the day  of ,  18 — . 

(No  seal  or  scroll  is  necessary.) 

If  only  a  special  warranty   is  intended,    prefix  the  word   sijecially  to. 
warrant. 

If  deed  is  made  in  pursuance  of  a  i>ower,  the  source  of  the  power  should 
bo  referred  to  in  the  body  of  the  deed. 

Descent  and  Distribution. — All  personal  property  situated  in  this  state 
descends  and  is  distributed  according  to  the  laws  of  this  state,  notwith- 
standing the  domicil  of  the  deceased  niay  have  been  in  another  state. 

The  estate  of  a  decedent  who  dies  intestate  descends  to  his  or  her  children 
and  their  descendants  in  equal  i)aits,  the  descendants  of  the  deceased  child, 
or  grandchild  to  take  the  part  of  the  deceased  parent  in  equal  parts.  When 
there  are  no  children  or  descendants  thereof,  then  to  the  brothers  and  sisters 
of  decedent  in  equal  parts.  When  no  cliildren  nor  descendants  thereof,  nor 
brothers  nor  sisters,  then  to  the  mother  and  father  in  e(iual  i)arts,  or  to  the 
sui-vivor.  If  no  children  nor  descendants  thereof,  no  brothers  nor  sisters, 
[Miss.  8.1 


478  MISSISSIPPI. 

nor  descendants  of  them,  nor  surviving  parent,  then  to  the  next  of  kin  in 
equal  degree,  computing  by  the  rules  of  the  civil  law.  When  no  heirs  pre- 
sent themselves  the  property  escheats  to  the  state.  No  representation  is 
allowed  among  collaterals  except  with  the  descendants  of  the  brothers  and 
sisters  of  the  decedent.  No  distinction  is  made  between  kindred  of  the 
"whole  and  half  blood,  except  that  kindred  of  the  whole  blood  are  preferred 
in  the  same  degree. 

The  wife,  on  the  death  of  the  husband,  and  the  husband  on  the  death  of 
the  wife,  in  all  cases,  takes  a  child's  part  where  there  are  childi-en  or  descend- 
ants. When  there  are  no  children  nor  descendants,  the  surviving  husband 
or  wife  takes  all,  both  realty  or  personalty.  All  the  estate  not  devised  in  a 
1  ast  will  descends  as  above.  Illegitimates  inherit  from  the  mother  and  her 
other  children,  and  from  her  kindred,  as  above. 

Hotchpotch  is  recognized. 

Exempt  i^roperty  on  the  death  of  the  husband  or  wife  owning  it,  descends 
to  the  survivor  of  them,  and  the  children  of  the  descendant,  as  tenants  iu 
common. 

Depositions. — Depositions  of  witnesses  residing  in  the  state,  may  be  taken 
in  civil  cases,  in  the  circuit  court,  when  the  witness  is  about  to  depart  from 
the  state,  or  by  reason  of  age  or  sickness  is  unable  to  attend  court.  When 
the  claim  or  defence  shall  depend  on  a  single  witness,  or  when  the  witness 
is  a  judge  of  the  supreme  or  circuit  court,  or  a  chancellor  or  officer  of  the 
government  of  the  state.  When  the  testimony  of  a  clerk  of  a  court,  sher- 
iff, or  justice  of  the  peace,  is  required  beyond  the  limits  of  his  county, 
when  the  witness  is  a  female,  or  shall  reside  more  than  sixty  miles  from  the 
place  of  trial. 

Depositions  may  be  taken  before  a  master  in  chancery,  justice  of  the  peace, 
judge  or  clerk  of  a  court  of  record,  or  a  member  of  the  board  of  supervisors, 
on  ten  days'  notice  to  the  opposite  party,  of  the  time  and  place  of  taking. 

Depositions  of  non-residents  are  taken  as  interrogatories,  which  must  be 
filed  with  the  clerk,  and  a  copy  served  on  the  opposite  party  or  his  attorney, 
ten  days  before  the  commission  is  issued. 

Commissions  may  be  directed  to  one  or  several  commissioners  in  the  alter- 
native by  name,  or  to  a  judge  of  a  court,  justice  of  the  peace,  mayor  of  a 
town,  commissioner  for  this  state,  or  other  person  authorized  to  administer 
oaths  by  the  law  of  the  place  where  the  deposition  is  to  be  taken. 

No  special  forms  are  prescribed  by  statute,  though  the  following  or  similar 
ones  are  usually  used. 

CAPTION. 

State  op ) 

County  of S 

Be  it  remembered,  that  on  this day  of ,  188 — ,  in  pursuance 

of  a  commission  to  me  directed  from  the  circuit  court  of county,  Mis- 
sissippi, to  take  the  deposition  of ,  of  the  county  of ,  and  state 

of ,  a   witness  for  the  plaintiff  in  a  certain  cause  therein  pending, 

wherein is  plaintiff,  and  is  defendant,  or  interrogatories  and 

cross-interrogatories  hereto  annexed,  I  caused  the  said  a  person  of 

sound  mind,  to  come  before  me,  and  said being  by  me  first  sworn  to 

speak  the  tnith,  the  whole  truth,  and  nothing  but  the  truth,  in  answer  to 
said  interrogatories  and  cross-interrogatories,  deposed  and  said  in  answer 
to  first  interrogatory,  etc. 

Certificate  to  be  added. 

I, ,  specially  appointed  a  commissioner  to  take  the  testimony  of 

,  in  the  above  styled  cause,  do  certify  that  I  caused  the  said to 

come  before  me,  and  he  being  by  me  first  duly  sworn  to  testify  the  truth,  the 
whole  truth,  and  nothing  but  the  truth,  I  did  carefully  and  impartially  ex- 
amine said  witness  on  the  interrogatories  and  cross-interrogatories  hereto 
annexed,  and  carefully  reduced  to  writing  his  answers  thereto,  in  the  presence 

[Miss.  9.] 


i 


MISSISSIPPI.  479 

■of  said  witness,  and  carcrnlly  read  same  to  him,  that  he  signed  tlie  same  as 
Lis  deposition,  in  my  presence.  That  said  deposition  has  in  no  manner  been 
changed  or  altered  since  the  same  was  subscribed  by  said  witness,  but  the 
same  with  the  exhibits  thereto,  wliicii  are  herewith  returned,  lias  remained 
in  my  possession  up  to  the  time  of  sealing  and  delivering  the  same. 

In  witness  whereof,  I  have  hereunto  set  my  hand,  this day  of 

188—. 

Divorce. — Divorce  is  granted  on  one  of  the  following  grounds  only: — 
Adultery  of  either  party.  If  either  party  bo  sentenced  to  the  penitentiary, 
and  not  pardfmed  before  being  sent  there.  Wilful  and  continued  desertion 
for  two  years.  Habitual  drunkenness.  Habitual,  cruel,  and  inhuman 
treatment,  accompanied  by  personal  violence.  If  the  husband  had  another 
wife,  or  the  wife  another  husband,  at  the  time  of  the  subsequent  marriage. 

If  either  party  was  an  idiot  or  insane  at  the  time  of  marriage,  and  the  party 
applying  did  not  know  it  at  the  time.  If  it  appear  that  adultery  was  com- 
mitted by  collusion,  no  divorce  will  be  granted,  nor  if  both  i)arties  are  guilty 
t)f  adultery,  nor  if  they  cohabit  after  knowledge  of  the  adultery. 

All  divorces  are  a  vinculo. 

Dower. — Is  abolished.     {See  Descent  and  Disfribidion.) 

Evidence. — All  parties  to  or  interested  in  an  action  may  testify  therein. 

Any  party  to  a  suit  may  be  compelled  by  the  opposite  party  to  appear  and 
give  evidence. 

A  conviction  for  perjury  or  subornation  of  perjury  disqualifies.  Husband 
and  wife  may  testify  for  or  against  each  other  in  all  civil  suits. 

Executors. — (See  Administrators.     The  same  laws  apply.) 

Executions. — Writs  of  execution  bear  date  and  are  issued  in  the  same 
mamier  as  original  j^rocess,  and  are  made  returnable  on  the  first  day  of  the 
next  term  of  the  court  from  the  office  of  which  it  was  issued.  Provided  there 
shall  be  at  least  fifteen  days  between  the  issuance  and  return  day,  and  if 
there  shall  not  be  fifteen  days  between  the  issuance  and  the  first  day  of  the 
next  term,  it  shall  be  made  returnable  to  the  first  day  of  the  next  succeedmg 
term.  Executions  may  be  directed  to  the  sherift'  or  other  proper  officer  of 
any  county  in  the  state. 

A  writ  of  execution,  where  there  is  no  judgment  lien,  binds  the  property 
of  the  defendant  only  from  the  time  of  the  levy.  Where  two  executions  are 
l)laced  in  the  hands  of  an  officer,  against  the  same  person,  where  there  is  no 
judgment  lien,  it  is  his  duty  to  satisfy  first  that  which  is  delivered  to  him 
first. 

It  is  the  duty  of  clerks  of  courts  to  issue  executions  on  all  judgments 
rendered  at  any  term  within  twenty  days  after  the  adjournment  of  such 
term. 

Executors  and  administrators  may  have  execution  on  judgments  due  to 
decedent  without  sci.  fa.  to  revive,  by  filing  with  the  clerk  of  the  court  in 
which  the  judgment  was  rendered,  a  certified  copy  of  the  letters  testamen- 
tary or  of  administration,  and  an  affidavit  of  the  death  of  the  judgment 
creditor. 

The  death  of  one  or  more  of  several  plaintiffs  in  a  judgment,  shall  not 
prevent  the  issuance  of  execution  in  favor  of  the  survivors.  Assignee  of  a 
judgment,  where  the  plaintift"  is  dead,  may  have  execution  for  his  use  as  if 
the  plaintiff  were  living,  and  if  the  ])laintilf  be  living,  the  assignee  may 
have  execution  for  his  use  in  the  same  manner.  If  officer  levies  execution  or 
attachment  on  personal  property,  and  has  any  doubts  that  the  property  be- 
longs to  defendant,  he  may  demand  a  bond  of  plaintifl',  and  if  bond  is  not 
given,  levy  may  be  released. 
[Miss.  10] 


480  MISSISSIPPI. 

Exemptions. — The  foUowiug  property  is  exempt  from  seizure  under  at- 
tachment, l.st.  The  tools  of  a  mechanic  necessary  for  carrying  on  his  trade. 
2d,  Tlie  agricultural  implements  of  a  fanner  necessary  for  two  male  laborers, 
3d.  The  implements  of  a  laborer,  necessary  to  his  usual  employment.  4th. 
The  books  of  a  student  required  for  the  completion  of  his  education.  5th. 
The  wearing  apparel  of  every  jjerson.  6th.  The  libraries  of  licensed  attor- 
neys at  law,  practicing  physicians  and  ministers  of  the  gospel,  not  exceediutc 
two  hundred  and  fifty  dollars  in  value  ;  also  the  instruments  of  surgeons  and 
dentists,  used  in  their  professions,  not  exceeding  two  hundred  and  fifty  dol- 
lars in  value.  Tth.  The  arms  and  accoutrements  of  each  person  of  the 
militia  of  the  state.  8th.  All  globes,  books,  and  maps,  used  by  the  teacher.s 
of  schools,  academies  and  colleges.  Also  the  following  property  of  each 
head  of  a  family,  to  wit:  Two  work  horses  or  mules  or  one  yoke  of  oxen, 
two  cows  and  calves,  five  head  of  stock  hogs  and  five  sheep,  one  hundred 
and  fifty  bushels  of  corn,  ten  bushels  of  wheat  or  rice,  two  hundred  pounds 
of  pork  or  bacon,  or  other  meat,  one  cart  or  wagon  not  to  exceed  one  hun- 
dred dollars  in  value,  and  household  and  kitchen  furniture,  not  to  exceed  one 
hundred  dollars  in  value,  three  hundred  bundles  of  fodder,  one  sewing  ma- 
chine and  all  colts  under  three  years  old,  raised  in  this  state  by  the  debtor, 
also  fifty  bushels  of  cotton  seed,  forty  gallons  of  soighum  or  molasses,  one 
thousand  stalks  of  Louisiana  cane,  and  saddle  and  bridle,  and  the  wages  of 
every  laborer  or  mechanic  to  the  amount  of  one  hundred  dollars,  shall  be 
exempt  from  garnishment  or  other  lej^al  process. 

Every  householder  in  this  state,  maie  and  female,  having  a  family,  shall  be 
entitled  to  hold,  exempt  from  execution  or  attachment,  the  lands  and  build- 
ings owned  and  occupied  as  a  residence  by  such  debtor,  provided  the  quantity 
of  land  does  not  exceed  one  hundred  and  sixty  acres,  nor  the  value  thereof, 
inclusive  of  improvement,  the  sum  of  two  thousand  dollars. 

In  towns  and  cities,  every  householder  having  a  family  residing  in  a  town, 
city  or  village,  shall  be  entitled  to  hold  exemj^t  the  lands  and  building  owned 
and  occupied  as  a  residence  by  the  debtor,  not  exceeding  in  value  two  thous- 
sand  dollars,  and  personal  property  to  be  selected  by  him  not  exceeding  in 
value,  two  hundred  and  fifty  dollars,  or  the  articles  specified  under  the  gen- 
eral head  above. 

No  property  is  exempt  when  purchase-money  thereof  forms  in  whole  or 
in  part  the  debt  on  which  the  judgment  is  founded,  or  for  labor  done  there- 
on, or  for  materials  furnished  therefor,  or  when  the  judgment  is  for  labor 
performed.  The  amount  of  any  life  insurance  policy  upon  any  one's  life,  not 
exceeding  ten  thousand  dollars,  shall  inure  to  the  party  named  as  beneficiary, 
freed  from  all  liability  for  the  debts  of  the  persons  paying  the  premium 
thereon. 

The  title  to  exempt  property  vests  in  the  widow,  or  husband  and  children 
as  tenants  in  common. 

Factors  and  Commission  Merchants. — It  is  a  felony  for  any  cotton  fac- 
tor or  commission  merchant  to  fail  or  refuse  to  pay  over  any  balance  in  his 
hands  or  due  from  him  for  goods  or  cotton  sold  on  commission. 

False  Pretence. — Obtaining  goods  under  false  pretence  is  a  felony.  This 
law  applies  to  all  false  pretence  by  which  the  one  making  the  false  pretence, 
or  another  through  that  false  pretence,  has  obtained  goods  or  has  profited 
jjecuniarily. 

Fraud,  Statute  of. — Any  special  promise  of  an  executor  or  administrator 
to  pay  a  debt  of  a  decedent  out  of  his  own  estate,  or  the  promise  to  answer 
for  the  debt  or  default  of  another,  an  agreement  made  on  consideration  of 
marriage. 

A  contract  for  the  sale  t)f  land  or  a  lease  thereof  for  a  longer  period  than 
one  year,  or  any  agreement  not  to  be  performed  within  a  year  from  the  mak- 
ing must  be  in  writing  signed  by  the  party  to  be  charged. 

[:.Iiss.  11.] 


:NTISSISSIPPI.  481 

Every  <,n-ant  of  land  or  chattels,  every  bond,  suit,  judgment  or  execution 
made  or  liad  by  fraud  or  collusion,  v^ith  intent  to  hinder,  delaj-,  or  defraud 
creditors,  are,  as  against  the  persons  so  defrauded,  void.  A  sale  of  goods  for 
a  consideration  not  deemed  valuable  in  law,  unless  by  will  duly  proved  and 
recorded  or  by  writing  acknowledged  or  proved, -and  when  for  real  estate 
recorded,  are  cleenied  fraudulent.  Possession  of  personal  property  for  three 
years  without  demand,  followed  by  due  course  of  law,  bars  recovery.  One 
whose  debt  is  contracted  after  the  fraudulent  conveyance  is  not  protected. 
A  contract  for  the  sale  <jf  personal  property  for  fifty  dollars,  or  upwards, 
unless  the  buyer  receives  part  or  all  the  property,  or  pays  or  secures  part  or 
all  the  inichase  money,  must  be  in  writing. 

All  creations  of  trust  in  land,  a  promise  after  full  age  to  pay  a  debt  con- 
tracted in  infancj',  must  be  in  writing.  A  conveyance  absolute  on  its  face 
cannot  be  proved  by  parole  to  be  a  mortgage,  only  at  the  instance  of  any  of 
the  pai'ties  thereto,  unless  fraud  in  its  procurement  is  the  issue.  If  any  per- 
son transact  business  as  a  trader,  or  otherwise,  with  the  addition  of  the 
words  '"agent,"  "factor,"  "and  company,"  or  "and  Co."  and  fail  to  dis- 
close the  name  of  his  principal  or  partner  by  a  sign  in  letters  easy  to  be  read, 
placed  in  a  consi>ieuous  place  at  the  house  of  his  business,  or  if  any  person 
transact  business  in  his  own  name,  all  property,  stock,  money  or  choses  in 
action  used  or  acquired  in  such  business,  shall,  as  to  the  creditors  of  such 
person,  be  liable  for  his  debts,  and  as  to  creditors  be  treated  as  his  property. 

Garnishment. — Garnishment  may  be  had  in  cases  of  attachment  as  inci- 
dent thereto.  In  this  case  attachment  bond  must  be  given.  In  no  other 
case  is  bond  required.  Garnishment  writs  are  issued  upon  judgments  or  de- 
crees upon  suggestions  of  judgment  creditor  that  the  garnishee  is  indebted 
to  the  judgment  debtor.  Upon  service  of  the  writ  the  garnishee  is  required 
to  answer  under  oath  whether  he  is  indebted  to  the  defendant  and  in  what 
sum  and  what  effects  he  has,  or  had,  at  the  date  of  the  service  of  the  writ, 
belonging  to  defendant,  or  if  he  knows  of  anyone  so  indebted  or  having 
eifects  of  defendant.  The  answer  should  be  made  on  the  third  day  of  the 
term  to  wnich  garnishee  is  summoned.  All  property  in  hands  of  the  gar- 
nishee belonging  to  defendant  at  the  time  of  the  service  of  the  writ  is  bound 
by  the  judgment. 

Plaintiff  may  contest  answer,  as  may  also  the  defendant,  if  the  garnishee 
answer  he  owes  nothing. 

Grace. — Not  regulated  by  statute. 

Homestead. — (See  Exemptions.) 

Insolvent  Laws. — {See  Assignment.) 

Interest. — The  legal  rate  of  interest  in  this  state  is  six  per  cent.  Parties 
may  contract  for  a  greater  rate  not  exceeding  ten.  If  an  excess  over  ten  per- 
centum  is  charged,  it  forfeits  all  interest. 

Judgments. — Judgments  may  be  had  ac  the  first  term  of  any  court  where 
personal  service  is  had  and  no  i)lea,  answer  or  demurrer  is  filed,  but  if  only 
constructive  service  is  had,  or  a  plea,  etc.,  is  filed,  judgments  cannot  be  had 
till  the  second  term  after  service  of  summon'',  except  in  justice  of  the  peace 
courts,  where  all  causes  are  triable  at  •l;he  first  term,  and  cases  of  quo  war- 
ranto attachment  and  replevin  in  the  circuit  court  which  are  triable  at  the 
imparlance  term. 

Judgments  of  any  court  may  be  enrolled  in  any  or  every  county  in  tlic 
state,  and  is  a  lien  on  all  property  of  the  debtor,  in  sitch  county,  from  the  date 
of  its  enrollment  by  the  county,  except  such  property  as  is  exempt  by  law. 
It  is  a  lien  on  such  property  in  the  county  wherein  it  was  rendered  from  the 
day  of  its  rendition.  It  is  the  duty  of  tlie  clerk  of  circuit  or  chancery  court, 
when  the  decree  is  for  money,  to  enroll  all  judgments  in  the  circuit  court 
[Miss.  12.] 


482  MISSISSIPPI. 

clerk's  office  within  twenty  days  after  the  adjournment  of  the  term  at  which 
they  were  rendered.  A  judgment  is  a  lien  only  for  seven  years  from  the 
date  of  its  rendition,  after  that  time  it  is  a  lien  only  after  levy  of  the  execu- 
tion, and  only  on  such  property  as  is  actually  levied  on.  The  same  is  true  of 
judgments  not  enrolled.  A  judgment  is  barred  by  statute  in  seven  years 
from  the  date  of  its  rendition,  unless  execution  has  issued  in  that  time  ;  it 
may  be  kept  in  force  indefinitely  by  issuing  execution  every  seven  years. 
Any  person  indebted  to  another  in  a  sum  within  the  jurisdiction  of  the  cir- 
cuit court  on  a  promise,  agreement  or  covenant,  may  sign  an  office  agreement 
or  confession  of  judgment  in  the  clerk's  office  of  said  court  any  time.  Judg- 
ment on  which  may  be  rendered  at  the  next  term  of  said  court. 

Justice  of  the  Peace.— (i^ee  Courts.) 

Landlord  and  Tenant. — Any  lessor  of  land  may  have  attachment  for  rent, 
by  making  affidavit  before  any  justice  of  the  peace  in  the  county,  of  the 
amount  due  and  in  arrears  for  rent  or  supplies.  The  officer  making  the  dis- 
tress, must  give  notice  to  the  lessee,  with  the  cause  of  taking,  and  advertise 
the  property  for  sale  in  ten  days  after  such  notice.  If  the  tenant  does  not 
replevy  before  the  day  of  sale,  the  property  is  sold  to  satisfy  the  rent. 

The  lessor,  in  taking  ovit  his  distress,  must  give  bond. 

The  landlord  may  have  distress  when  the  rent  is  not  due,  by  making 
affidavit  that  he  has  just  cause  to  believe  that  the  tenant  will  remove  his 
goods  from  the  leased  premises  before  the  rent  will  become  due,  and  giving 
bond.  In  the  same  manner  the  landlord  may  have  distress  levied  on  goods 
removed  within  thirty  days  after  rent  becomes  due,  and  where  the  rent  is 
due,  may  have  the  goods  seized  within  thirty  days  after  their  removal. 

Distress  may  be  made  within  six  months  after  the  termination  of  the  lease. 
Property  distrained  cannot  be  removed  from  the  county,  under  penalty  of 
double  the  value,  to  be  paid  to  aggrieved  party.  The  distress  must  be  rea- 
sonable. Irregularity  does  not  affect  legality  of  distress,  bvit  the  party  be- 
comes liable  in  damages,  where  distress  is  made  when  no  rent  or  sum  for  sup- 
plies is  owing,  the  party  making  distress  becomes  liable  to  party  whose  goods 
are  taken  for  double  the  value  of  the  goods  taken. 

Property  on  the  leased  premises  not  belonging  to  lessee,  are  not  subject  to 
distress,  and  may  be  recovered  by  replevin.  An  action  may  at  any  time  be 
•  brought  for  rent  in  arrear  without  distress.  Where  there  is  no  contract,  the 
landlord  can  always  recover  a  reasonable  sum,  for  use  and  occupation,  but 
cannot  distrain.  Assignees  of  the  landlord  have  the  same  rights  as  the 
landlord. 

Notice  to  quit  is  not  necessary,  except  where  the  term  does  not  expire  at  a 
fixed  time.  Where  notice  is  necessary,  two  months'  notice  in  writing  must 
be  given,  where  the  holding  is  from  year  to  year.  One  month,  where  it  is  by 
the  half  year,  or  quarterly;  and  one  week  when  it  is  by  the  month  or  week.  A 
tenant  holding  over  after  notice  to  quit,  is  liable  for  double  rent.  When  ten- 
ant deserts  premises  before  his  lease  has  expired,  not  leaving  sufficient  goods 
by  which  rent  can  be  made  by  distress,  a  justice  of  the  peace  may  put  the 
landlord  in  possession.  After  proper  notice  to  quit,  or  expiration  of  the  term, 
the  landlord  may  have  the  tenant  summainly  ejected,  by  making  affidavit 
that  the  rent  cannot  be  made  by  distress  ;  unless  the  tenant  pays  the  rent  in 
three  days,  he  is  ejected,  otherwise  the  action  of  unlawful  detainer  is  the 
pi"oper  proceeding  to  recover  possession.  {See  LandloriV  s  Lien  for  SupiMes.) 

Leases. — All  leases  for  land  for  more  than  one  year  must  be  in  writing. 
For  form  of  lease  in  this  state,  see  Forms. 

License, — License  is  required  in  this  state  as  precedent  to  the  transaction 
of  almost  every  known  business.  The  license  fee  ranges  from  one  thousand 
dollars  levied  on  banks,  to  five  dollars  on  small  mercantile  establishments. 
This  is  levied  by  the  state.  Any  city  may  levy  a  license  tax  not  exceeding 
fifty  per  cent,  of  that  cliarged  by  the  state,  on  the  same  occupation. 

[Miss.  1.3.1 


i 


MISSKSIPPI.  483 

Liens. — All  the  common  law  liens  are  recognized  in  this  state. 

By  statute,  an  attorney  has  a  lien  on  all  money  and  i)apers  in  his  hands, 
for  fees.  Executors,  administrators,  and  guardians,  selling  by  order  of  court, 
have  a  statutory  lien  for  purchase-money.  Liens  have  precedence  according 
to  priority. 

Landlords  have  liens  for  rent,  and  the  fair  market  value  of  all  supplies  fur- 
nished a  tenant  for  the  year,  for  business  carried  on  on  the  leased  premises, 
on  all  products  raised  thereon  during  the  year.  This  lien  is  paramount  to  all 
others.  Employers  have  a  lien  on  the  share  or  interest  of  his  employee  on 
any  crops  made  under  such  employment,  for  all  advances  of  money,  and  the 
fair  market  value  of  all  supplies  for  himself  or  family,  or  to  any  one  at  his 
request. 

Every  laborer,  cropper,  or  part  owner,  or  other  person  who  aids  by  his 
labor,  to  make,  gather,  or  prepare  a  crop  for  market,  has  a  lien  on  the  in- 
terest of  the  person  who  employs  him,  for  his  wages  or  share  in  the  crop. 
These  liens  are  paramount  to  all,  except  that  of  the  landlord  or  lessor  ;  they 
exist  without  any  writing,  by  virtue  of  the  relation  of  employer  and  em- 
ployee. 

Every  house  or  other  building  or  any  addition  thereto,  any  fixed  machinery 
or  gearing  or  other  fixtures  for  manufacturing  purposes,  boat  or  other  water 
craft,  paling  or  other  inclosure,  railroad  or  embankment  built  within  this 
state  is  liable  for  any  debt  for  labor  performed,  or  materials  furnished  for 
erection,  alteration,  or  repairs  of  same.  Such  debt  is  a  lien  on  the  building 
and  improvement  and  the  lot  or  curtilege  on  which  it  stands.  This  takes 
effect  as  to  bona  fide  purchasers  and  incumbrances  without  notice,  only  after 
the  filing  the  contract  in  the  office  of  the  chancery  clerk  of  the  county  where 
the  land  is  situated,  to  be  recorded  or  after  suit  brought  to  enforce  the  lien. 
Where  it  is  done  by  contract  the  contractor  alone  has  a  lien. 

If  the  building  is  erected  by  one  not  the  owner  of  the  land,  the  building 
alone  is  liable,  unless  erected  by  the  written  consent  of  the  owner  of  the 
land.  Should  the  contractor  in  any  instance  refuse  to  pay  for  material  or 
labor,  such  persons  may  give  notice  in  writing  to  the  owner  of  the  building, 
of  the  amount  due,  when  the  amount  due  the  contractor  by  the  owner  be- 
comes liable  in  his  hands  to  the  claims  of  the  material  men  and  laborers. 
Suit  to  enforce  lien  must  be  brought  within  six  mouths  after  the  time  the 
debt  is  dvie.     (^See  Judgments  for  Judgment  Lien.) 

Limitation  of  Actions. — All  actions  for  the  recovery  of  land,  either  at 
law  or  in  equity,  must  be  brought  within  ten  years  from  the  time  of  the  right 
of  entry  unless  the  party  bringing  the  action  shall  have  labored  under  the 
disability  of  infancy  or  unsoundness  of  mind.  In  that  case  the  action  must 
be  brought  within  ten  years  after  the  disability  is  removed.  This  is  also  true 
of  mortgages  and  deeds  of  trust  where  the  mortgagee  or  cestui  que  trust  has 
come  into  possession  of  the  land  or  been  in  the  receipt  of  the  profits  thereof 
after  condition  broken.  The  remedy  on  a  mortgage  is  barred  when  the  debt 
is  barred. 

Actions  on  open  account  must  be  commenced  within  three  years  after  the 
same  becomes  due. 

Suits  for  any  penalty  or  forfeiture  on  any  penal  bond,  assault,  battery, 
maiming,  false  imprisonment,  malicious  arrest  or  menace,  slander  and  libel 
shall  be  commenced  in  one  year. 

Filing  bill  of  review  in  the  chancery  court  is  limited  to  two  years  from 
date  of  decree. 

Appeals  to  the  supreme  court  are  limited  to  two  years  from  date  of  judg- 
ment. AVhen  an  action  between  two  parties  is  barred  in  another  state  or 
county  the  same  is  barred  here. 

Actions  on  bond  of  administrator  or  executor  are  limited  to  four  years 
from  date  of  qualification  as  such. 

Liens  of  mechanics  and  material  men  can  only  be  enforced  by  filing  suit 
"within  six  mouths  from  the  time  the  money  is  due  them. 

[Miss.  14] 


484  MISSISSIPPI. 

Limited  Partnerships. — Persons  desirous  of  forming  a  limited  partner- 
ship must  make  and  severally  sij,ai  a  certificate  containing  : — 1st.  The  name 
of  the  firm  under  which  they  will  do  business.  2d.  The  general  nature  of 
the  business  to  be  transacted.  3d.  The  names  of  all  the  general  partners 
and  limited  partners,  stating  who  are  general  and  who  special,  and  their 
places  of  residence.  4th.  The  amount  of  capital  that  each  special  has  con- 
tributed. 5th.  The  period  when  the  partnership  is  to  commence  and  when 
terminate. 

This  certificate  must  be  signed  and  acknowledged,  and  recorded  in  the 
office  of  the  chancery  clerk.  It  must  be  accompanied  by  an  affidavit  of  one 
or  more  of  the  general  partners,  stating  that  the  sum  siy?citied  in  the  certifi- 
cate has  actually  been  paid  in  in  money.  The  partnership  is  not  complete 
till  all  this  is  done,  otherwise  all  are  liable  as  general  partners,  except  as  to 
each  other.  After  the  registry  of  the  certificate  and  affidavit,  the  terms  of 
the  partnership  must  be  published  in  some  newspaper  of  the  county  or  the 
partnership  will  be  a  general  one.  Only  the  names  of  the  general  partners 
can  be  used  in  the  firm  style.  If  the  name  of  a  special  is  embraced  with  his 
consent  he  becomes  a  general  partner.  The  general  partners  only  are 
authorized  to  transact  the  business  and  sign  the  firm  name. 

No  part  of  the  capital  of  a  special  can  be  withdrawn,  but  he  may  receive 
his  share  of  the  profits,  provided,  by  so  doing,  his  original  capital  is  not 
reduced.  If  that  is  reduced  he  must  restore  enough  to  make  uj)  the  original 
amount.  Special  partners  are  liable  only  to  the .  extent  of  their  capital 
invested. 

Mechanics'  Liens.— (aS'cc  Liens.) 

Married  "Women. — By  an  act  which  went  into  effect  November  1,  1880, 
married  women  were  completely  emancipated.  May  sue  and  be  sued  without 
joining  husband.  May  sue  or  be  sued  by  husband,  acquire  and  dispose  of 
estate'' real  or  personal,  without  husband's  consent.  May  dispose  of  her 
property  by  last  will  and  testament  in  all  respects  as  if  she  were  unmarried. 

Dower  and  curtesy  are  abolished,  and  the  wife  or  husband  becomes  joint 
heir  with  the  children  if  any.  If  no  children,  then  the  wife  is  sole  heir  at 
law  of  husband  and  mce  versa.  If  the  husband  receive  and  appropriate  tO' 
his  own  use  the  property  of  the  wife  he  becomes  her  debtor,  but  is  not  ac- 
countable after  the  expiration  of  one  year  after  the  receipt  of  such  income, 
or  if  the  wife  permits  the  husband  to  use  her  estate  or  income  in  support  of 
the  family  he  is  not  chargeable  therefor.  Husband  and  wife  can  not  con- 
tract with  each  other  so  that  one  may  claim  compensation  from  the  other 
for  work  ;  such  contract  is  void.  No  transfer  of  land  or  personal  property 
between  husband  and  wife  shall  be  valid  as  against  any  third  person,  unless 
the  transfer  be  in  writing  and  acknowledged  and  filed  for  record  as  a 
mortgage. 

Minors. — Minors  may  sue  by  next  friend  in  any  personal  action,  may 
brin"-  suit  for  partition  of  land  in  which  they  have  an  interest,  may  redeem 
land'^sold  for  taxes  in  one  year  after  disability  removed.  If  a  defendant, 
process  must  be  served  on  him  personally,  and  on  his  father,  mother,  or 
guardian,  if  he  has  one  in  the  state. 

The  court  will  appoint  a  guardian  ad  litem  for  an  infant  defendant  where 
it  shall  consider  it  necessary.  Minors  after  reaching  the  age  of  eighteen 
years  may  have  the  disability  of  minority  removed  by  petition  to  the  chan- 
ery  court. 

Mortgages  and  Trust  Deeds.— Must  be  acknowledged  and  recorded  as. 
deeds  are,  and  are  notice  IVom  the  time  they  are  filed  for  record.  The  legal 
title  to  mortgaged  property  shall  be  considered  to  be  in  the  mortgagor,  ex- 
cept as  against  the  mortgagee  and  his  assigns,  or  the  trustee,  after  breach  of 
condition  of  such  mortgage  or  trust  deed. 

[Miss.  1.5.] 


MISSISSIPPI.  485 

A  mortgage  given  at  the  time  of  purchase  of  real  estate,  to  secure  payment 
of  the  purchase  money,  has  preference  over  all  judgments  and  other  debts 
•of  mortgagor,  only  to  the  extent  of  the  land  so  i)urchased.  A  mortgagee  or 
his  cestui  que  trust  having  received  full  payment,  shall,  at  the  request  of 
grantor,  enter  satisfaction  on  the  margin  of  the  record  of  such  mortgage  or 
trust  deed,  and  title  shall  there])y  revest  in  grantor.  Payment  of  money  secured 
by  mortgage  or  trust  deed,  extinguishes  it,  and  revests  the  title  in  the  mort- 
gagor, as  effectually  as  a  reconveyance.  A  mortgage  may  be  given  on  pro- 
l)erty  to  be  after  acquired,  which  will  be  good  only  between  mortgagor  and 
mortgagee. 

The  mortgage  is  barred  when  the  debt  secured  by  it  is  barred. 

Notes  and  Bills  of  Exchange. — Every  promise  in  writing,  whereby  any 
person  promises  to  pay,  or  admits  a  sum  of  money  to  be  due,  is  deemed  and 
treated  as  a  promissory  note. 

All  promissory  notes  for  the  payment  of  money,  or  other  things,  may  be 
assigned. 

In  an  action  on  such  note,  the  payor  may  make  all  defences  to  the  note  in 
the  hands  of  such  assignee,  that  he  could  have  made  or  possessed  previous 
to  notice  of  assignment.  The  assignee  or  endorser  of  a  note,  may  maintain 
action  against  a  prior  indorsei",  as  in  case  of  inland  bills  of  exchange. 

The  surety  or  indorser  of  a  note  or  bill  upon  its  dishonor,  may  pay  or 
tender  the  money  to  the  payee,  who,  upon  such  payment,  shall  transfer  the 
i^ame  to  him,  and  he  may  have  a  right  of  action  against  the  prin('i]>ardebtor 
tliereon.  It  is  not  necessary  to  protest  notes  in  this  state.  Bills  of  exchange, 
however,  must  be  protested.  Notaries,  justices  of  the  ])eace,  mayor  of  a 
town  or  city,  or  clerk  of  chancery  or  circuit  court,  may  protest. 

A  bill  of  exchange  drawn  upon  any  person  resident  in  the  United  States, 
iind  out  of  this  state,  and  protested  for  non-acceptance,  shall  draw  damage 
ut  five  per  cent,  on  the  sura  drawn  for,  and  interest  on  the  principal,  and  on 
and  payable  by  a  ])erson  out  of  the  Uniteil  States,  protested  for  non-accept- 
ance or  non-payment,  the  damages  shall  be  ten  per  cent,  on  the  sum  drawn 
for  the  principal  to  draw  interest.  Domestic  bills  drawn  on  and  payable  in 
tliis  state,  for  the  sum  of  twenty  dollars  or  more,  must  be  protested  for  non- 
acceptance  or  non-})ayment.  When  the  day  on  which  a  bill  or  note  should 
be  presented  for  jjayment,  falls  on  Sunday,  New  Year's  day.  Fourth  of  July, 
or  Christmas,  it  must  be  presented  the  day  befiire.  The  acceptance  of  a  bill 
must  be  in  writing,  duly  subscribed.  An  unconditional  promise  in  writing, 
subscribed  by  the  promissor  to  accept  a  bill  before  it  is  drawn,  amounts  to  an 
acceptance.  All  drawers,  accejitors,  or  indorsers  of  a  note  or  bill,  are  jointly 
and  severally  liable.  In  bringing  an  actiini  on  a  note  or  bill  which  has  been 
indorsed  against  any  one  secondarily  liable  thereon,  all  parties  residing  in 
the  state,  who  are  liable  before  such  indorser  must  be  joined. 

There  is  no  such  thing  as  commercial  paper,  strictly  speaking,  in  the  state. 

Oaths  aud  Affidavits. — Oaths  and  affidavits  to  be  used  in  this  state, 
may  be  made  before  any  olhccr  of  a  state,  competent  by  the  laws  of  such 
state  to  administer  oaths.  The  affidavit  may  be  by  affirmation,  aud  may  be 
.made  by  the  party,  his  agent  or  attorney. 

Promissory  Notes.     (See  Notes  and  Bills  of  Exchange.) 

Practice. — In  tJie  Supreme  Court. — The  supreme  court  has  power  to  make 
any  rule  as  to  practice  therein,  not  inconsistent  with  the  laws  of  the  state, 
and  enforce  the  same. 

Circuit  and  chancery  courts  have  also  power  to  prescribe  many  rules  of 
practice. 

The  system  of  pleading  and  practice  throughout  the  state,  is  that  of  the 
common  law,  very  slightly  modified. 

One  desiring  to  institute  suit  on  an  open  account,  may  go  l>efore  any  one 
authorized  by  the  laws  of  this  or  any  other  state,  to  administer  oaths,  and 
[Miss.  16.] 


48f)  MISSISSIPPI. 

make  affidavit  to  the  correctness  of  the  account,  and  that  it  is  due  from  the 
party  against  whom  it  is  charged.  This  affidavit  will  entitle  him  to  judgment 
at  the  trial  term,  unless  the  defendant  make  a  counter-affidavit  and  file  with  his. 
plea,  that  the  account  Is  not  correct,  and  specifying  wherein  it  is  not  correct. 
This  does  not  apply,  however,  to  claims  against  estates  of  decedents  ;  for 
which  see  Administration. 

Recording. — All  deeds  of  any  interest  in  land,  leases  thereof  for  a  longer- 
time  than  one  year,  agreements  made  in  consideration  of  marriage,  marriage 
settlements,  all  trust  deeds  and  mortgages,  all  written  contracts  in  regard  to 
land,  must  be  recorded  in  the  office  of  chancery  clerk,  or  they  are  no  pro- 
tection against  a  purchaser  or  encumbrancer,  without  notice.  To  entitle 
them  to  record  they  must  be  acknowledged  or  properly  witnessed ;  when 
recorded  they  are  notice  to  the  world  from  the  date  of  filing  for  record. 

Redemption. — There  is  no  redemption  of  land  or  property  sold  under 
mortgage  or  at  judicial  sale.  The  sale  is  absolute,  except  for  taxes.  Land 
sold  for  taxes  may  be  redeemed  in  one  year.  The  franchise  of  a  corpora- 
tion when  sold  at  judicial  sale  may  be  redeemed  by  the  stockholders,  or  any 
of  them,  at  any  time  within  six  months  from  date  of  sale. 

Replevin. — Replevin  lies  for  all  goods  or  chattels  wrongfully  detained 
from  the  owner,  unless  in  custodia  legis.  The  writ  is  issued  upon  the  affida- 
vit of  the  plaintiff,  his  agent,  or  attorney,  giving  a  description  of  the  goods 
and  that  they  are  wrongfully  detained  by  the  defendant. 

The  defendant  may  give  bond  and  retain  possession.  If  the  defendant 
does  not  give  bond  in  two  days  the  plaintiff  may  give  bond  and  take  posses- 
sion. After  that  time  either  may  give  the  bond.  If  neither  does  this  the 
officer  holds  possession.  The  judgment  is  for  the  property  or  its  value  in 
the  alternative.  Where  the  property  is  claimed  by  a  third  party,  he  cannot 
have  a  writ  of  replevin,  must  interplead,  file  what  is  termed  a  claimant's 
issue,  and  the  rights  of  all  claimants  are  determined  in  the  suit. 

Revenue. — Public  revenue  is  derived  from  taxation  on  all  business  carried 
on  and  all  professions  practiced,  and  on  all  property  except  the  following, 
which  is  exempt  from  taxation,  to  wit :  Cemetei'ies,  property  of  the  United 
States,  state  or  any  county  or  city  or  town  therein,  or  to  any  religious  society, 
incorporated  educational  institution  used  exclusively  for  the  support  of  such 
institution,  all  produce  raised  in  this  state  in  hands  of  the  producer,  wear- 
ing apparel,  family  provisions  on  hand,  one  gun,  poultry,  household  furni- 
ture not  exceeding  two  hundred  and  fifty  dollars  in  value,  two  cows  and 
calves,  ten  head  of  hogs,  ten  head  of  sheep  or  goats,  colts  foaled  m  this 
state  under  three  years  old,  farming  utensils,  property  of  agricultural  fair 
associations,  tools  of  a  mechanic,  libraries  of  all  persons,  and  pictures  and 
works  of  art  not  kept  for  sale.  A  poll  tax  of  one  dollar  is  levied.  Personalty 
is  assessed  every  year.  Realty  every  four  years.  Taxes  are  due  on  or  before 
December  15,  each  year,  and  if  not  paid  by  that  date  a  penalty  of  ten  per 
cent,  is  added.  Taxes  are  a  first  lien  on  all  property  assessed  from  the  first 
day  of  February  of  the  year  in  which  it  is  assessed. 

Revision. — The  last  revision  of  the  laws  of  the  state  was  in  1880,  since 
which  time  there  have  been  few  material  changes. 

Revivor. — In  case  either  party  to  a  cause  in  the  supreme  court  dies,  pend- 
ing the  cause,  suit  does  not  abate,  but  the  legal  representative  of  the  de- 
ceased may  come  in  voluntarily  and  be  made  a  party,  or  may  be  brought  in 
by  scire  facias. 

In  all  personal  actions  in  the  circuit  court  it  is  the  same,  except  in  cases  of 
attachment ;  when  the  writ  has  been  levied  before  death  of  defendant  the 
suit  proceeds  as  if  he  were  alive.     No  bill  of  revivor  is  necessary  in  the 
chancery  court.     The  representatives  may  come  in  voluntarily  or  be  brought 
in  by  process. 

[Miss.  17.] 


MISSISSIPPI.  487 

Seals. — The  use  of  all  private  seals  is  dispensed  with,  except  as  to  cor- 
porations. All  courts  have  a  seal  which  must  usually  be  affixed  to  all  papers 
issuing  therefrom. 

Stay  of  Execution. — Our  statute  does  not  provide  for  any  general  stay 
of  execution  ;  by  agreement  of  parties  judgment  may  be  taken  with  stay  of 
execution  as  agreed.  In  the  justice  of  the  peace  courts  a  stay  of  five  days 
is  compulsory  in  which  to  take  an  appeal,  unless  the  plaintiff  make  oath  that 
he  is  in  danger  of  losing  his  debt  by  delay,  when  execution  may  issue  imme- 
diately. 

In  the  justice  of  the  peace  courts  the  judgment  debtor  may  have  a  stay  of 
execution  for  thirty  or  sixty  days,  according  to  the  amount  of  the  judgment, 
by  giving  bond  to  pay  the  judgment. 

In  the  circuit  court,  in  case  of  attachment  against  a  non-resident,  where 
judgment  is  taken  by  default,  the  plaintiff  must  give  bond  to  refund  the 
money  if  the  defendant  shall  appear  within  a  year  and  a  day  and  disprove  or 
avoid  the  judgment  recovered  against  him,  otherwise  execution  will  not 
issue  for  that  time.  And  also  in  attachments  on  debts  not  due,  the  judg- 
ment is  taken  with  a  stay  of  execution  to  such  time  as  the  debt  may 
become  due. 

Suits. — {See  Actions.) 

Taxes. — {See  Revenue.) 

Trust  Deeds. — {See  Mortgages  and  Chattel  Mortgages.) 

Usury. — {See  Interest.) 

Wages. — "Where  no  agreement  is  made  as  to  wages,  the  laborer  can  recover 
on  a  quantum  meruit  meruit.     (For  lien  for  wages  see  Lien.) 

Wills. — Every  person  aged  twenty-one  years,  of  sound  mind,  may  make  a 
will.  The  will  must  be  signed  by  the  testator,  or  by  some  one  in  his  pres- 
ence, and  by  his  express  directions.  If  the  will  is  not  wholly  in  the  hand- 
writing of  the  testator,  it  must  be  signed  by  two  witnesses,  in  his  presence 
and  in  the  presence  of  each  other,  and  by  his  direction,  if  real  estate  is  de- 
vised, otherwise  one  witness  is  sufficient.  Wills  are  probated  in  the  chan- 
cery court  of  the  county,  of  the  residence  of  the  testator. 

Noncupative  wills  can  not  be  established,  unless  made  during  last  sickness, 
at  the  habitation  of  the  deceased,  where  he  has  resided  ten  days  before  his 
decease,  unless  such  person  is  taken  sick  from  home,  and  dies  before  return, 
nor  where  the  value  bequeathed  exceeds  the  value  of  one  hundred  dollars, 
unless  proved  by  two  witnesses,  that  the  testator  called  on  some  one  present 
to  take  notice  that  such  is  his  will.  After  six  months  from  speaking  the 
words,  no  proof  can  be  received  unless  the  words  or  the  substance  were  re- 
duced to  writing  within  six  days  after  speaking  the  same.  Soldiers  in  actual 
Kervice,  and  marines  at  sea,  may  however,  make  noncupative  wills,  as  at  com- 
mon law. 

Witnesses.— (See  Evidence.) 


[Miss.  18.] 


488 


MISSISSIPPI. 


ATTORNEYS  IN    MISSISSIPPI. 


Bold  Face  Type  denotes  county  seats.        A  dash  ( — )  less  than  100  population. 
Figures  after  nanaes  wlien  admitted  to  Bar.       A  star  (*)  JNotarles  Public. 
A  double  dagger  (|)  our  Compiler  of  Ijaws. 
A  dagger  (t)  former  recommendations  withdrawn. 


PLACE. 

COUNTY. 

NAMES   OF   ATTORNEYS. 

popula'n. 

Aberdeen 

Jlonroe 

Geo.  C.  Paine. 

8,00(> 

Ashland 

Benton 

W.  A.  McDonald,  '80. 

200 

Augusta 

Perry 

John  J.  Bradford. 

1,000 

Austin 

Tunica 

T.  J.  Woorlson. 

300 

Bay  St.  Louis 

Hancock 

BOWERS  (E.  J.)  & 

:maybin  (W 

.  H.).  1,978 

Belen 

Quitman 

Chas.  Chrisman. 

100 

Biloxi 

Harrison 

{See  Bay  St.  Louis.) 

1.540 

Booneville 

Prentiss 

B.  A.  P.  Selman. 

750 

Brandon 

Rankin 

Wm.  Buchanan. 

864 

Brookhaven 

Lincoln 

R.  H.  THOMPSON,  '70. 

1,800 

Canton 

Madison 

G.  W.  Thomas. 

2,083 

CarroUton 

Carroll 

W.  B.  Helm. 

400 

Carthage 

Leake 

0.  A.  Luckett.  Jr. 

600 

Charleston 

Tallahatchie 

W.  B.  J^Iarshall. 

400 

Chester 

Choctaw 

J.  W.  Barron. 

225 

Coflfeeville 

Yalohisha 

R.  H.  Goliad  av. 

749 

Columbia 

Marion 

T.  S.  Ford. 

400 

Columbus 

Loundes 

Wm.  Baldwin. 

— 

Concordia 

Bolivar 

T.  M.  HARRIS,  '73. 

164 

Corinth 

Alcorn 

Candler  &  Candler. 

2,275 

Decatur 

Newton 

Thomas  Keith. 

200 

De  Kalb 

Kemijer 

Evans  &  Curry. 

BOO 

Enterprise 

Clark 

S.  Evans. 

1,035 

Fayette 

Jefferson 

J.  S.  Hicks. 

400 

Forest 

Scott 

S.  H.  Kirkland. 

50O 

Friar's  Point 

Coahoma 

Winston  &  Yergei'. 

67f) 

Fulton 

Itawamba 

N.  Cayce. 

275 

Greenville 

Washington 

Phelps  &  Skinner. 

3,000 

Greenwood 

Le  Flore 

S.  R.  Coleman. 

375 

Grenada 

Grenada 

A.  H.  Whitefield. 

1,914 

Hazlehurst 

Copiah 

■   H.  B.  Mayos. 

1,700 

Hernando 

De  Soto 

White  &  Whiterspoon. 

59(5 

Hickory 

Newton 

J.  M.  GAGE.  '83. 

184 

Holly  Springs 

Marshall 

C.  L.  BATES,  '77. 

2.370 

Houston 

Chickasaw 

Martin  &  Boles. 

480 

Indianola 

Sunllower 

J.  H.  Baker. 

1,500 

Inka 

Tishomingo 

J.  B.  Reynolds. 

845 

.Ia(;lisoii 

Hinds 

ANSELM  H.  JAYNE,  ' 

86.        5,205 

Kosciusko 

Attala 

James  Niles. 

1.30() 

Laurel  Hill 

Neshoba 

J.  F.  Williams. 

— 

A 


MISSISSIPPI. 


489 


PLACE. 

COUNTY. 

NAMES    OF    ATTORNEYS.      POFULA'N. 

Lexington 

Holmes 

Givin  &  Noel. 

900 

Leakesville 

Greene 

J.  Melnnis. 

100 

Liberty 

Amite 

Theo.  McKniuht. 

436 

Louisville 

Winston 

Chas.  Richardson. 

418 

Macon 

Xoxiibee 

JOHN  R.  DINSMORE. 

2,074 

Magnolia 

Pike 

S.  E.  Packwood. 

507 

Mayersville 

Issaquena 

Parish  &  Scudder. 

400 

Meadville 

Franklin 

G.  A.  Guice. 

300 

Meridian 

Lauderdale 

Jas.  S.  Hamm. 

10,000 

^Mississippi  City 

Harrison 

RODERICK  SEAL,  '43. 

300 

Monticello 

Lawrence 

Lonjrino  &  Weathersby. 

300 

Natchez 

Adams 

J.  S.  ilorris. 

7,058 

New  Albany 

Union 

J.  H.  Dalton. 

1,000 

(Jkolona 

Cliickasaw 

T.  J.  Buchanan,  Jr. 

1,857 

Palo  Alto 

Clay 

M.  V.  Sullivan. 

— 

Pass  (,'hristian 

Harrison 

(See  Bui/  St.  Louis.) 

1,410 

Paulding 

Jasper 

13.  W.  Sharborough. 

339 

Philadelphia 

Neshoba 

Richardson  <k  Richardson. 

101 

Pittsborough 

Calhoun 

THEO.  P.  GIBBS. 

300 

Pontotoc 

Pontotoc 

Fontaine  &  Mitcliell. 

000 

Port  Gibson 

Claiborne 

J.  McC.  Martin. 

1,500 

Quitman 

Clarke 

Hon.  S.  H.  Terrall. 

500 

Raleigh 

Smith 

Walter  McLaurin. 

200 

Eaymond 

Hinds 

S.  D.  Fearing. 

448 

Ripley 

Tippab 

Thomas  Spright. 

900 

Rolling  Fork 

Sharkey 

AV.  D.  Brown. 

250 

Rosedale 

Bolivar 

Moore  &  Jones. 
Charles  Scott,  "G8. 

100 

Sardis 

Paula 

Taylor  &  Kyle. 

1,000 

Scranton 

Jackson 

(See  Bay  St.  Louis.) 

1,0.52 

Senatobia 

Tate 

W.  J.  EAST. 

935 

Starkville 

Oktilbeha 

T.  J.  Wood. 

2,500 

Summit 

Pike 

J.  C.  Lamkin. 

1,004 

Tripelo 

Lee 

James  L.  Finley. 

1,300 

Utica 

Hinds 

J.  K.  McXEELY.  '80. 
t  Shelton  CS.  M.)  & 

330 

Vicksburg 

Warren 

Crutcher(T.  E.). 

— 

See  Card  in  Apj)e><<ltx,  i>offe  xii. 

WalthaU 

Webster 

Leverett  &  Cooke. 

150 

Water  Valley 

Yalobusha 

t  T.  J.  Williams. 

3,330 

Waynesborough 

Wayne 

D.  M.  Taylor. 

200 

AVesson 

Copiah 

S.  Gilbert. 

3,500 

West  Point 

Clay 

JOHN  J.  McCLELLAN. 

1,780 

"Westville 

Simpson 

White  &  Fo.x. 

300 

Willianisburgh 

Covington 

J.  0.  Napier,  Jr. 

150 

Winona 

Montgomery 

McLean  &  Somerville. 

1.204 

Woodville 

Wilkinson 

H.  S.  Van  Eaton. 

1,000 

Yazoo  City 

Yazoo 

BOWMAN,  Sr.,  (R.)  & 

BOWMAN,  Jr.,  (R.) 

.  2,543 

490 


MISSISSIPPI. 


BANKS    IN    MISSISSIPPI. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  ot  one 
bank  in  each  county  of  this  state  in  which  such  a  banking  institution  is  located. 


PLACE. 


Aberdeen 
Canton 
Columbus 
Corinth 
Greenville 
Hazlehurst 
Holly  Springs 
Jackson 
Kosciusko 
Meridian 
Natchez 
Oxford 
Sardis 
Starkville 
Verona 
Vicksburg 
Water  Valley- 
West  Point 
Winona 
Yazoo  City 


NAME   OF    BANK. 

Gattman  &  Co 
Canton  Exchange  Bank 
Columbus  Ins  and  Bk'g  Co 
Tishomingo  Savings  Bank 
Bank  of  Greenville 
Merchants'  &  Planters'  Bank 
Bank  of  Holly  Springs 
First  National  Bank 
Bank'g  House  of  C  C  Kelly 
First  National  Bank 

Bank  of  Oxford 
Bank  of  Sardis 
First  National  Bank 
Lee  County  Bank 
First  National  Bank 
Bank  of  Water  Valley 
First  National  Bank 
Bank  of  Winona 
Bank  of  Yazoo  City 


PAID  UP 

CASHIER. 

CAPITAL. 

6100,000 

A.  N.  Parker. 

30,000 

W.  H.  Lee. 

300,000 

A.  H.  Taylor. 

50,000 

Jas.  Robertshaw. 

100,000 

Isaac  N.  Ellis. 

50,000 

H.  C.  Fort. 

51,800 

0.  J.  Waite. 

100,000 

W.  G.  Colmery. 

60,000 

C.  W.  Robinson. 

100,000 

A.  G.  Campbell. 

100,000 

Bern  Price. 

79,000 

W.  H.  Wall. 

67,450 

E.  L.  Tarry. 

50,000 

B.  T.  Clark. 

50,000 

Thomas  Mount. 

100,000 

W.  C.  Shackleford. 

50,000 

T.  M.  Moseley. 

50,000 

C.  H.  Campbell. 

50,000 

S.  R.  Berry. 

50,000 

STATE  OF 

IVLISSOURI. 

SUMMARY  OF 

Collection    Laws. 

Court  calendar.  Instructions  for  taking  Depositions,  Legal  Forms,  Etc- 
ExPRESSLY  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "Showers' 
Legal  Directory  and  Merchants'  Guide,"  for  1888,  by 
Clifford  B.  Allen,  of  the  St.  Louis  Bar. 

Acknowledgments. — Are  taken  in  Missouri  by  a'court  having  a  seal,  or 
judge,  justice,  or  clerk  thereof,  notary  public,  or  justice  of  the  peace  of 
county  wherein  land  is  situated.  If  out  of  Missouri,  but  in  the  United  States, 
by  a  notary  public,  state  or  federal  court  having  a  sgal,  or  clerk  of  such  court, 
or  commissioner  appointed  by  the  governor.  If  without  the  United  States, 
by  any  court  having  a  seal  of  state,  kingdom,  or  empire,  or  chief  justice  of 
any  city  or  town  having  a  seal,  or  any  minister  or  consul  of  the  United  States, 
or  any  notary  having  a  seal,  and  all  deeds  conveying  or  affecting  real  estate 
must  be  acknowledged  before  some  such  officer  and  duly  certified  and  re- 
corded in  the  office  of  the  recorder  of  the  county  in  which  such  real  estate 
lies.     Acknowledgments  must  be  under  seal,  and  a  scroll  is  sufficient. 

Form  of  Acknowledgment. 

(Begin  in  all  eases  by  a  caption  specifying  the  state  and  place  where  the  ac~ 
hnoicledgment  is  taken  ;  and  in  all  cases  add  signature  and  title  of  the  officer 
taking  the  acknoidedgment,  together  with  seal. ) 

IK  THE   case   op   NATURAL  PERSONS  ACTING  IN   THEIR  OWN   RIGHT. 

On  this day  of ,  18 — ,  before  me  personally  appeared ,  to  me 

known  to  be  the  person  (or  persons)  described  in,  and  who  executed  the  fore- 
going instrument,  and  acknowledged  that  he  (or  they)  executed  the  same  as, 
his  (or  their)  free  act  and  deed. 

IN  the  case  of  natural  persons  acting  by  attorney. 

On  this day  of ,  18 — ,  personally  appeared  ,  to  me  person- 
ally known  to  be  the  person  who  executed  the  foregoing  instrument  in  behalf 

of ,  and  acknowledged  that  he  executed  the  same  as  the  free  act  and  deed 

of  said . 

IN  the  case  op  corporations  or  joint  stock  associations. 

On  this day  of ,  18 — ,  before  me  appeared ,  to  me  personally 

known,  who,  being  by  me  duly  sworn  (or  affirmed),  did  say  that  he  is  the 
president  (or  other  officer  or  agent  of  the  corporation  or  association)  of  (de- 

IMo.  1.] 


492  MISSOURI. 

scribing  the  corporation  or  association),  and  that  the  seal  aflBxed  to  said  in- 
strument is  the  corporate  seal  of  said  corporation  (or  association),  and  that 
said  instrument  was  signed  and  sealed  in  behalf  of  said  corjjoration  (or  as- 
sociation), by  authority  of  its  board  of  directors  (or  trustees),  and  said  

acknowledges  said  instrument  to  be  the  free  act  and  deed  of  said  coiporation 
(or  association). 

In  case  the  corporation  or  association  has  no  corporate  seal,  omit  the 
words  "the  seal  affixed  to  said  instrument  is  the  corporate  seal  of  said  cor- 
poration (or  association),  and  that. ' '  and  add  at  the  end  of  the  affidavit  clause, 
the  words  "  and  that  said  corporation  (or  association)  has  no  corporate  seal. " 

Form,  of  Acknowledgvicnt  by  Trustee  of  a  Married  Woman  and  her  Husband. 

State  op  Missouri,   \ 
County  of  .      \     ' 

Be  it  remembered,  That  oii  this day  of ,  A.  D.  18 — ,  before  the 

undersigned,  a  (title  of  officer),  within  and  for  the  county  of ,  personally 

came ,  trustee  of ,  wife  of ,  and ,  husband  of  said ,  who 

are  personally  known  to  me  to  be  the  same  persons  whose  names  are  subscribed 
to  the  foregoing  instrument  of  writing  as  parties  thereto,  and  they  acknowl- 
edge the  same  to  be  their  act  and  deed,  for  the  purposes  therein  mentioned. 

And  the  said ,  being  by  me  first  made  acquainted  with  the  contents  of 

said  instrument,  vipon  an  examination  separate  and  apart  from husband 

— ,  acknowledged  that executed  the  same,  to  be  her  act  and  deed  for  the 

purposes  therein  named,  freely  and  without  fear,  compulsion  or  undue  influ- 
ence of  said  husband. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal,  at  my  office,  in ,  the  day  and  year  first  above  written. 

[seal.]  {Signature  and  title.) 

Form  of  Single  Acknowledgment. 

State  op  Missouri,   \  g^  . 

County  op  .      ^ 

Be  it  remembered,  That  on  this day  of ,  18 — ,  before  the  under- 

si'^ned, within  and  for  the  county  of ,  aforesaid,  personally  came 

— — ,  who  is  personally  known  to  me  to  be  the  same  person  whose  name  is 
subscribed  to  the  foregoing  instrument  of  writing,  as  a  party  thereto,  and 
acknowledged  the  same  to  be act  and  deed,  for  the  purposes  there- 
in mentioned.  And  the  said further  declared  to  be  single  and  un- 
married. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed  my  official 

seal,  at  my  office,  in  ,  in  said  county,  the   day  and   year  first  above 

written. 

[seal.]  {Signature  and  title.) 

Actions. — To  te  instituted  by  summons  against  the  person  of  defendant, 
eitlier  in  the  county  where  defendant  resides,  or  where  plaintiif  resides  and 
defendant  may  be  found,  or  in  case  of  several  defendants  living  in  different 
counties,  in  any  of  such  counties,  or  in  case  of  non-resident  defendants,  in 
any  county,  and  by  attachment  against  the  property  of  defendant  in  the 
county  in  which  such  property  is  situated. 

Administration. — By  probate  court,  before  which  all  claims  must  be  pre- 
sented within  two  years,  and  allowed  ;  ten  days'  notice  of  such  presentation 
•must  be  given  to  executor  or  administrator,  who  must  be  a  resident  of  this 

[Mo.  2,] 


MISSOURI.  493 

state,  and  are  to  be  paid  as  follows  :  1st.  Expenses  of  funeral  ;  2n(l.  Of  last 
sickness  ;  3rd.  Taxes  ;  4tli.  Judgments  ;  5th.  Claims  presented  in  first  year  ; 
6th,  In  second  year. 

AfB.davits. — To  be  used  in  the  courts  may  be  taken  before  commissioners 
for  the  state,  notaries  public,  or  jiulges  or  clerks  of  courts  of  record,  and 
should  be  attested  by  the  official  seal  of  these  officers.  They  need  not  be 
attested  otherwise. 

Aliens. — Can  acquire  and  transmit  property. 

Appeals. — {See  Courts.) 

Arrest. — None  for  debt. 

Assignments. — Voluntary  only,  no  debts  can  be  preferred,  if  so,  they  are 
void,  and  all  debts  must  be  paid^jro  rata,  and  judgments  entered  by  confes- 
sion thirty  days  previous  to  assignments  i)ai(l^»'t>rrt<ay  must  be  acknowledged 
and  recorded.  Assignee  elected  by  assignor  or  appointed  by  court,  and  must 
file  sworn  inventory  within  fifteen  days,  give  secured  bonds  within  three, 
appoint  day  for  hearing  claim  within  three  months  from  date  of  assignment. 
Notice  of  days  appointed  may  be  by  publication  or  by  letter  mailed  to  credi- 
tors at  least.ibur  weeks  previous  to  such  appointed  days.  At  each  term  of 
court  must  file  .statement  of  his  accounts.  Assignee  under  direction  of  cir- 
cuit court,  and  his  compensationfixed  by  such  court.  An  appeal  from  assignee's 
decision  lies  to  this  court.  If  claim  be  not  presented  at  day  appointed,  is  barred, 
unless  for  good  cause,  proved  any  time  before  final  dividend.  Debtor  not 
discharged  unless  estate  pays  claims  in  full,  or  by  consent  of  creditors. 

Attachments. — May  issue  anytime  before  judgment,  on  filing  an  affidavit 
of  just  claim  and  of  any  one  of  the  following  grounds  as  existhig:  defendant 
is  anon-resident  or  a  foreign  coriwration,  or  conceals,  absconds,  or  absents 
himself,  so  that  the  ordinary  processes  of  law  cannot  be  served  on  him,  or 
he  is  about  to  remove  from  state  with  intent  to  change  domicile,  or  is  about 
to  or  has  fraudulently  concealed,  removed,  disposed,  conveyed  or  assigned 
his  property  with  intent  to  delay  andhinder  creditors,  or  where  action  accrued 
out  of  this  state  and  defendant  absconds  or  secretly  removes  property  into 
this  state,  or  where  debt  was  fraudulently  contracted,  or  where  action  is  for 
damages  arising  from  commission  of  a  felony  or  misdemeanor,  or  for  seduc- 
tion of  a  female,  has  failed  to  pay  price  of  goods  by  contract  to  be  paid  on 
delivery,  and  a  bond  in  double  value  of  the  debt  must  be  filed  with  sufficient 
security.  Writs  of  attachment  may  be  levied  by  garnishing  a  debtor  of 
the  defendant. 

Banks  and  Bankers. — Is  not  touched  upon  in  the  statutes  except  as  to 
the  incorporation  of  banking  companies.  A  definition  of  private  bankers, 
which  is,  that  those  who  carry  on  the  business  of  banking  by  receiving 
m(mey  on  deposit,  with  or  without  interest,  buying  and  selling  bills  of  ex- 
change, promissory  notes,  bonds,  stocks,  and  other  securities  without  being 
incorporated  ;  must  have  capital  of  not  less  than  SoOOO,  and  a  statement 
sworn  to,  of  names  of  pei'sons  interested,  name  in  which  business  is  to  be 
conducted,  and  place  at  which,  and  capital  invested,  and  this  statement  to  be 
recorded. 

Bills  and  Notes. — Acceptance  must  be  in  writing,   damages  of  non-ac- 
ceptance and  non-payment ;  if  drawn  in  person  and  at  place  within  this  state, 
four  per  cent,  per  annum  ;  within  the  United  States,  ten  per  cent.;  without 
the  United  States,  twenty  per  cent.     Notes  payable  to  order  or  bearer,  and. 
expressed  to  be  for  value  received,  are  negotiable. 

[Mo.  3.] 


494  MISSOURI. 

Bills  of  Lading. — Warehouse  receipts  not  to  issue  until  goods  are 
actually  in  store,  nor  to  issue  second  receipt,  nor  for  money  loaned.  Negoti- 
able. 

Chattel  Mortgages. — Mortgages  and  deeds  of  trust  upon  personalty  are 
void  as  to  the  creditors  of  the  grantor  and  purchasers  without  notice  thereof, 
unless  the  property  is  delivered  to  and  retained  by  the  mortgagee  or  bene- 
ficiary in  the  deed  of  trust  or  trustee,  or  the  instrument  is  recorded  in  the 
county  where  the  grantor  resides.  No  special  limitation  as  to  when  a  chattel 
mortgage  may  be  foreclosed  exists.  In  this  state  the  settled  law,  as  declared 
by  the  supreme  court  in  a  line  of  decisions,  is  that  a  mortgage  upon  stock  in 
trade,  which  is  to  remain  in  the  possession  of  the  mortgagor  and  be  dealt 
with  by  him,  is  fraudulent  and  void  as  to  ci-editors  and  subsequent  purchasers. 

Form  of  Affidavit  and  Acknowledgment  to  Chattel  Mortgage. 

State  op  Missouri,     \  ^^ 

County  OP .        S 

,  being  duly  sworn,  on oath,  says  that ,  the  legal  and  abso- 
lute owner  of  the  personal  property  above  described,  and  that  the  same  is 
free  from  all  claims  and  liens  whatsoever.                     {Signature  of  affiant.) 

Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  18 — . 

[seal,]  (Signature  of  officer.) 

State  op  Missouri,    )  m 

County  op ,      S     ' 

Be  it  remembered,   that  on  this day  of ,  A.  D.  18 — ,  before  the 

undersigned,  a within  and  for  the  city  of ,  and  state  of ,  person- 
ally came ,  who —  personally  known  to  me  to  be  the  same  person  whose 

name —  subscribed  to  the  foregoing  instrument  of  writing,  as  part — thereto, 

and  acknowledged  the  same  to  be voluntary  act  and  deed  for  the  uses 

and  purposes  therein  mentioned 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal,  at  my  office,  in ,  the  day  and  year  first  above  written. 

[seal.]  (Signature  and  title  of  officer.) 

Note. — If  the  acknowledgment  be  taken  by  a  notary  public,  the  certificate 
must  state  the  dates  of  his  being  duly  qualified  and  of  the  expiration  of  his 
term  of  office.     The  blank  space  above  the  signature  is  provided  for  this. 

statement.     The  following  formula  is  ample:  "I  was  qualified ,  18 — , 

and  my  term  expires ,  18 — ." 

Claims  against  Descedents'  Estate.— (-S^e  Administration.) 

Conditional  Sales  of  Personal  Property. — All  void  'as  to  creditors,  un- 
less such  condition  shall  be  evidenced  by  writing,  executed,  acknowledged, 
and  recorded. 

Corporations. — Are  formed  under  general  statute  on  that  subject,  with 
separate  provisions  for  the  different  objects  to  be  accomplished.  Stockholders 
liable  only  for  par  value  of  stock  subscribed  by  them. 

Costs,  Security  for. — Where  plaintiff  is  a  non-resident,  must  be  given  by 
a  written  undertaking  of  a  resident  of  this  state. 

Courts. — Terms  and  Jurisdiction  of  : 

Justices^  Courts,  in  counties  having  over  50,000  inhabitants,  have  jurisdic- 
tion on  contracts  and  torts  to  the  extent  of  $250,  and  of  all  actions  against 
railroads  for  killing  or  maiming  stock,  irrespective  of  value.  In  counties 
having  less  than  50,000  ;  in  all  cases  both  of  contract  and  tort,  to  the  extent 
of  8150,  and  against  railroads  for  killing  or  maiming  stock,  irrespective  of 
value. 
[Mo.  4.] 


MISSOURI. 


495 


Circuit  Court  original  jurisdiction  in  all  cases,  except  where  exclusive 
jurisdiction  is  given  to  probate  courts  or  justices  of  the  peace,  and  appel- 
late from  such  courts.  In  some  counties  there  are  local  courts,  called  com- 
mon pleas,  of  concurrent  jurisdiction  with  the  circuit  courts  over  certain 
■districts. 

Circuit  Court  holds  two  to  three  terms  annually,  (in  St.  Louis  five). 

TJie  Probate  Courts  in  each  county  have  the  usual  powers. 

Court  Calendar. — 

UNITED  STATES  CIRCUIT  COURT. 

Eastern  District,  yorthcrn  Division. — At  Hannibal. 

Terins.— 1st  Mondays  in  May  and  November ;  District  Court,  same  time. 

Eastern  Division. — At  St.  Louis. 

Tenns.— 3rd  Mondays  in  March  and  September ;  District  Court,  1st  Monday  in  May 
and  November. 

Western  District,  St.  Joseph  Divisimi.— At  St  Joseph. 

Terms.— 1st  Mondays  in  April  and  October ;  District  Court,  same  time. 

Southern  Division.— Only  District  Court.  1st  Mondays  in  February  and  August, 
at  Springfield. 

Central  Division.— At  Jefferson  City,  3rd  Mondays  in  April  and  November ;  District 
Court,  1st  Mondays  in  March  and  September. 

We3ter7i  Division.— At  Kansas  City,  3rd  Mondays  in  May  and  October. 

SUPREME  COURT. 
Regular  Term  at  Jefferson  City,  3rd  Tuesdays  of  April  and  November. 

DISTRICT  APPELLATE  COURTS. 

St.  Louis  Court  of  Appeals.— B.eg\i\ar  Term  at  St.  Louis.  Two  annually,  1st  Mon- 
days of  March  and  October. 

Kansas  City  Court  of  Appeals.— Two  terms  annually,  1st  Mondays  of  March  and 
•October. 


CIRCUIT  COURTS. 


County. 


County  Seat,      Cir, 


Terms. 


Adair    .  . 
Andrew  . 
Atchison 
Aydrain  . 
Barry    .  . 
Barton 
Bates     .  . 
Benton .  . 
Bollinger 
Boone    .  . 
Buchanan 
Butler  .  . 
•Calwell    . 
Callaway 
Camden  . 
Cape  Giradieu 
Carroll  .  , 
Carter  .  , 
Cass   .  .  , 
Cedar    .  , 
Chariton 
Christian 
Clark    . 
Clay  .  . 
Clinton 
Cole    .  , 
Cooper , 
Crawford 
Dade 
Dallas   . 
Da  vies  . 
DeKalb 
Dent  .  . 
Douglas 
Duiiklin 
Franklin 
Gasconade 
•Gentry  .  . 


.  Kirksville 

Savannah 

Rock  port 
,  Mexico  .  . 
,  Cassville 
,  Lamar  .  . 
,  Butler   .  . 
.  "Warsaw  . 
,  Marble  Head 
,  Columbia   . 
,  St.  Joseph  . 
,  Poplar  Bluff 
,  Kingston    . 
,  Fulton     .  . 
.  Linn  Creek 
.  Jackson   .  . 
,  CarrolUon  . 
,  Van  Buren 
.  Harrisonville 
.  Stockton  .  . 
,  Keytesville 
.  Ozark    .  .  . 
.  Kahoka  .  . 
.  Liberty    .  . 
.  Plattsburgh 
.  Jefferson  City 
.  Boonville 
.  Steelvillf 
,  Greenfield 
.  Buffalo     . 
.  Gallatin  . 
.  Maysville 
.  Salem   .  . 
.  Ava    .  .  . 
.  Kennet    . 
.  Union    .  . 
.  Hermann 
.  Albany    . 


27  1  Monday  Januarj',  4th  April,  2nd  October. 
29    1st  Monday  of  April,  August  and  December. 
29    4th  Monday  of  January,  May  and  September. 

3  4th  of  January,  Isl  June  and  October. 

21  2nd  Monday  of  March  and  September. 
2-5    1st  Monday  of  February  and  September. 

22  2nd  Monday  of  February,  June  and  November. 

22  2nd  Monday  of  April  and  October. 

20  2nd  Monday  of  March  and  September. 
2    2nd  Monday  of  April  and  October. 

12  1st  Monday  of  May  and  September. 
2^  1st  Monday  of  May  and  November. 
17    4th  Mon.  of  Feb.,  and  3rd  Mon.  June  and  Oct. 

2    1st  Monday  of  May  and  3rd  in  November. 

1    3rd  Monday  of  March  and  1st  Monday  in  Oct. 

10  1st  Monday  of  January  and  May,  4th  in  Aug. 

17  3rd  of  March  and  Julj-,  1st  Monday  in  Dec. 

23  2nd  Monday  of  April  and  October. 

7    5th  Mon.  after  2nd  Mon.  in  Fob.  June  and  Oct. 
25  .2nd  Mon.  of  March  and  1st  Mon.  in  October. 

11  1st  Mon.  of  April  and  3rd  of  October. 

21  4th  jNIonday  of  February  and  August. 

4  1st  Mon.  in  April  and  2nd  Mon.  in  October, 

5  3rd  ISIon.  of  February,  June  and  October, 

5    2nd  Mon.  in  January,  3rd  in  May,  2nd  in  Sept. 

1    3rd  Monday  in  Maj-,  1st  Mon.  in  Dec. 

1    3rd  JNIonday  in  Feb.  2nd  in  July,  1st  in  Nov. 

18  3rd  Monday  in  ^March  and  September. 

25    3rd  Monday  in  April  and  1st  Mon.  in  Nov. 
14  .  7th  Mon.  after  3rd  JNIon.  in  Feb.  and  August. 

28  1st  Mon.  in  Feb.  and  June,  2nd  Mon.  in  Oct. 

12  1st  Mon.  in  April  and  3rd  Mon.  in  October. 
18    1st  Mon.  in  April  and  October. 

13  4th  Monday  of  March  and  September. 
23    1st  Mon.  in  January  and  July. 

9    4th  Mon.  after  8rd  Mon.  of  April  and  October. 
9    2nd  Mon.  after  3rd  Mon.  of  April  and  Oct. 
28    1st  Mon.  of  March  and  September. 

[Mo.  5.] 


496 


MISSOURI. 


County. 
Greene  .  .  , 
Grundyl  .  . 
Harrison  .  . 
Henry  .  .  , 
Hickory  .  , 
Holt  .  .  ,  . 
Howard  .  . 
Howells  .  , 
Ironton    .  . 

Jackson  .  . 


Jasper  .  .  . 

Jefferson  . 
Joiinson  .  , 
Knox  .  .  . 
Laclede  .  . 
LaP'ayette  . 
Lawrence  . 
Lewis  .  .  . 
Lincoln  .  . 
Linn  .  .  .  . 
Livingston 
McDonald  . 

Macon  .  .  . 


Madison  .  .  . 
Maries  .  .  .  . 
Marion  ,  .  . 
Mercer  .  .  .  . 
Miller  .  .  .  . 
Mississippi  . 
Moniteau  .  . 
Monroe  .  .  . 
Montgomery 
Morgan  .  .  . 
New  Madrid  . 
Newton  .  .  . 
Nodaway  .  . 
Oregon  .  .  . 
Osage  .  .  .  . 
Ozark  .  .  .  . 
Pemiscot  .  . 
Perry  .  ,  .  . 
Pettis  .  .  .  . 
Phelps  .  .  .  . 

Pike 

Platte    .  .  .  . 

Polk 

Pulaski  .  .  . 
Putnam  .  .  . 
Kails 


Randolph   .  . 

Ray 

Reynolds  .  . 
Ripley  .... 
St.  Charles  .  . 
St.  Clair  .  .  . 
St.  Francois  . 
St.  Genevieve 
St.  Louis  .  .  . 
Saline  .  .  .  . 
Schuyler .  .  . 
Scotland  .  .  . 
Scot  .  .  .  . 
Shannon  .  .  . 
Shelby  .  .  .  . 
Stoddard  .  . 
Stone  .  .  .  . 
Sullivan  .  .  . 
Taney  .  .  .  . 
Texas  .  .  .  . 
Vernon  .  .  . 
Warren  .  .  . 
Washington  . 
Wayne  .  .  .  . 
Webster  .  .  . 
Worth  .... 
Wright  .  .  . 
[Mo.  (!.] 


County  Seat. 
.  Springfield 
.  Trenton   ,  . 
.  Bethany  ,  , 
.  Clinton     .  . 
.  Hermitage 
.  Oregon     .  . 
.  Fayettee  .  . 
.  West  Plains 
.  Ironton    .   . 
Independence 

•  Kansas  City 
Carthage     . 

■  Joplin   .  .  . 
.  Hillsboro    . 
,  Warrenburgh 
.  Edina    .   , 
.  Lebanon 
.  Lexington 
.  Mount  Vernon 
.  Montieello 
.  Tro     .  .   . 
.  Linneus  . 
.  Chillicothe 
.  Pineville 
Macon  .   . 

•  La  Plato  . 
.  Prederickson 
.  Vienna    .  . 

.  Palmyra 
.  Princeton  . 
.  Tuscumbia 
.  Charleston 
.  California  . 
.  Paris     .   .  . 
.  Danville  .  . 
.  Versailles   . 
.  New  Madrid 
.  Neosho    .  . 
.  Maryville  . 
.  Alton    .  .   . 
.  Linn  .... 
.  Gainesville 
.  Gayoso     .  . 
.  Perryville  . 
.  Sedalia     .  . 
.  Rolla  .... 
.  Bowling  Green 
.  Platte  City  . 
.  Boliver     .   . 
.  Waynesville 
.  Unionville  . 
.  New  London 

Huntsville 
•  Moberly 
.  Richmond . 
.  Centreville 
.  Deniphan  . 
.  St.  Charles . 
.  Oceola  .   .   . 
.  Farmington 
.  St.  Geneviev 
.  Mount  Olive 
.  Marshal  .   . 
.  Lancaster   . 
.  Memphis     . 
.  Benton     .  . 
.  Eminence  . 
.  Shelbyville 
.  Blf)onifield 

Galena     .   . 
.  Milan    .  .   . 
.  Forsyth    .   . 
.  Houston 
.  Nevada  City 
.  Warrentown 
.  Potosi   .   .   . 
.  Greenville 
.  Marshflcld . 
.  Grant  City  . 
.  Hartville    . 


Cir. 
21 
11 
28 
22 
14 
29 
2 

i;^ 

26 
24 

15 

26 
27 

4 
14 

6 
13 

4 

3 
11 
17 
15 

27 

20 
19 
16 
11 

1 
10 

1 
16 

3 

1 
10 
15 
29 
13 

9 
13 
10 
20 

3 
5 
14 

18 
27 
16 

2 

5 
29 
23 
19 
25 
20 
20 
19 

6 
27 

4 
10 
13 
16 
23 
21 
11 
21 
18 
2i 
19 
26 
23 
14 


Terms. 
1st  Mon.  of  May  and  November. 
4th  Mon.  of  Aug.  and  3rd  of  April  and  Dec. 
4th  Mon.  of  March  and  September. 
2nd  Mon.  of  March  and  September. 
12th  Mon.  after  3rd  Mon.  in  Feb.  and  Aug. 
4th  Mon.  of  Apr.  and  Aug.,  1st  Mon.  of  Jan. 
1st  Mon.  of  June  and  December. 
4th  Mon.  of  April  and  October. 
4th  Mon.  of  April  and  October. 
2nd  Mon.  of  March  and  September. 
2nd  Mon.  of  January,  April  and  October. 
2nd  Mon.  of  March  and  September. 
1st  Mon.  in  June  and  December. 
2nd  of  Jan.  May  and  September. 
2nd  Mon.  in  Feb.  and  June,  3rd  Mon.  in  Oct. 
1st  Mon.  in  June  and  November. 
14th  Mon.  after  3rd  Mon.  in  Feb.  and  Aug. 
1st  Mon.  in  April,  August  and  December. 
4th  Mon.  in  P'ebruary  and  August. 
1st  Mon.  in  March  and  September. 
1st  Mon.  after  4th  Mon.  in  March,  3rd  Sept. 
1st  Mon.  in  June  and  December. 
4th  Mon.  in  January,  May  and  September. 
1st  Mon.  in  February  and  August. 
2nd  Mon.  in  April  and  3rd  in  September. 
3rd  Mon.  in  March  and  1st  in  October. 
4th  Mon.  in  March  and  September. 
2nd  Mon.  in  April  and  October. 
1st  Mon.  in  June  and  2nd  Mon.  in  November. 
2nd  Mon.  in  March  and  September. 
4th  Mon.  in  March  and  Srd  in  September. 
1st  Mon.  in  April  and  October. 
1st  Mon.  in  March  and  September. 
Srd  Mon.  in  April  and  4th  Mon.  in  October. 
4th  Mon.  in  April  and  October. 
1st  Mon.  in  P>bruary  and  Srd  in  August. 
Srd  Mon.  in  March  and  September 
2nd  Mon.  in  !May  and  November. 
1st  Mon.  in  March,  Srd  June,  2nd  November. 
4th  Mon.  in  February  and  August. 
Srd  Mon.  in  April  and  October. 
2nd  Mon.  in  April  and  October. 
2nd  Mon.  in  March  and  1st  Mon.  in  November,. 
2nd  Mon.  in  April  and  October. 
1st  Mon.  in  January,  May  and  September. 
]st  Mon.  in  February  and  August. 
1st  Mon.  in  ]March  and  September. 
1st  Mon.  in  April,  2nd  in  Aug.  and  Srd  in  Nov. 
9th  Mon.  after  Srd  Mon.  in  February  and  Aug. 
1st  Mon.  in  JSlarch  and  September. 
2nd  Mon.  in  Feb.  and  Ist  IMon.  in  Sept. 
Srd  jMon.  in  March  and  4th  Mon.  in  August. 
1st  Mon.  in  ]March  and  September. 
Srd  Mon.  in  Sept.  and  1st  ]Mon.  in  February. 
1st  ]Mon.  in  February,  June  and  October. 
4th  Mon.  in  May  find  Novembei". 
Srd  Mon.  in  April  and  October. 
1st  Jlon.  in  ]\Iarch  and  September. 
4th  Mon.  in  March  and  Srd  Mon.  in  October. 
2nd  Mon.  in  May  and  November. 
4th  Mon.  in  April  and  (October. 
2nd  Mon.  iir  May  and  November. 
2nd  Mon.  in  February,  June  and  October. 
2nd  Mon.  in  Jlay  and  1st  in  November. 
1st  Mon.  in  February  and  August. 
Srd  Mon.  in  April  and  October. 
2nd  Mon.  in  ISIarch  and  September. 
1st  Mon.  in  April  and  2nd  Mon.  in  October. 
1st  Mon.  in  Marcla  and  September. 
Srd  Mon.  in  Feliruary  and  August. 
Srd  Mon.  in  May  and  November. 
1st  Mon.  in  April  and  (~)ctober. 
Srd  Mon.  in  ISlay  and  November. 
1st  Mon.  in  ISIay  and  November. 
Srd  jSIon.  in  April  and  October. 
1st  ISIon.  in  Av^ril  and  October. 
Srd  Mon.  in  May  and  November. 
4th  Mon.  after  Srd  Mon.  in  Feb.  and  Aug. 
4th  Mon.  in  April  and  October. 
2nd  Mon.  after  Srd  Mon.  in  Feb.  and  Aug. 


MISSOURI.  497 

Curtesy. — As  at  eoimnou  law. 

Deeds. — ^lust  be  under  seal,  no  witnesses  necessary  to  validity  of  deed  to 
Le  used  in  this  state. — {See  Ackiioicledgments.) 

Form  of  Warranty  Deed, 

TfUs  Deed,  made  and  entered  into  this day  of ,  eighteen  hundred 

and  eighty — ,  by  and  between of ,  parr —  of  the  first  part,  and 

of ,  part — of  the  second  part,  witnesseth,  that  the  said  part —  of  the  first 

part,  for  and  in  consideration  of dollars,  to paid  by  the  said  party 

of  the  second  part,  the  receipt  of  which  is  hereby  acknowledged,  do  bythe.sc 
presents  grant,  bargain  and  sell,  convey  and  confirm  unto  the  said  part —  of 
tlie  second,  the  following  described  tract — or  parcel — of  land,  situated  in 
the  county  of ,  in  the  state  of ,  to-wit:     (Here  describe  property). 

To  have  and  to  hold  the  same,  together  with  all  rights,  immunities,  privi- 
leges and  appurtenances  to  the  game  belonging,  unto  the  said  part —  of  the 
second  part,  and  to heirs  and  assigns  forever :  the  said hereby  cov- 
enanting that heirs,  executors  and  administrators,  shall  and  will  war- 
rant and  defend  the  title  to  the  premises  unto  the  said  part —  of  the  second 

part,  and  to heirs  and  assigns  forever,  against  the  claims  of  all  persons 

whomsoever. 

In,  witness  whereof.  The  said  part —  of  the  first  part  ha —  hereunto  set 

hand  and  seal,  the  day  and  year  first  above  written. 

.     [seal.] 

For  acknowledgment,  {see  acknoicledgements. ) 

Descent  and  Distribution. — All  property  :  to  1st,  children  or  descendants 
in  equal  parts  ;  2d,  if  there  be  no  children  then  to  father,  mother,  brothers 
and  sisters  and  their  descendants,  in  equal  parts  ;  if  there  be  no  children  or 
their  descendants,  father,  mother,  brother,  sister  or  their  descendants  then 
to  the  husband  or  wife ;  if  no  husband  or  wife  then  to  the  grandfather, 
grandmother,  uncles  and  aunts  and  their  descendants,  and  so  on. 

Depositions. 

Forms  and  Instructions  for  taking  Depositions. 

NOTICE. 

,  plaintiff,      ^ 

vs.  >   In  the court ,  county  of ,  state  of  Missouri. 

,  defendant.  ) 

To  the  above  named : 

You  are  hereby  notified  that  depositions  of  witnesses  to  be  read  in  evi- 
dence in  the  above  entitled  cause,  on  the  part  of  the ,  will  be  taken  at 

in  the  county  of ,  and  state  of ,  on  the day  of ,  18 — , 

between  the  hours  of  eight  o'clock  in  the  forenoon,  and  six  o'clock  in  the 
afternoon  of  that  day  ;  and  that  the  taking  of  said  depositions,  if  not  com- 
pleted on  that  day,  will  be  continued  from  day  to  day,  at  the  same  place,  and 
between  the  same  hours,  until  completed. 

Service  of  the  above  notice  is  hereby  acknowledged, "] 
and  issue  of  dedimus,  and  all  exceptions  as  to  time,  | 
waived.  18 — . 


CAPTION. 

,  plaintiff,       ^ 

TS.  >    In court,  county  of ,  state  of . 

,  defendant.   )  No.  — . 

Deposition —  of  witness —  produced,  sworn  and  examined  on  the day 

of .  in  the  year  of  our  Lord  18 — ,  between  the  hours  of o'clock  in 

f^ro.  7.] 


498  MISSOURI. 

the  forenoon  and o'clock  in  the  aTtemoon  of  that  day,  at ,  in  the 

county  of and  state  of ,  before  me  (name  and  title  of  officer),  in  a 

certain  cause  now  pending  in  the court, ,  in  the  county  of ,  in 

the  state  of  ,  between  ,  plaintiff — ,  and  ,  defendant — ,  on  the 

part  of  the . 

Present, ,  esq.,    on  behalf  of  the  plaintiff — ,  and ,  esq.,  on  behalf 

of  the  defendant — . 

,  of  lawful  age,  being  produced,  sworn  and  examined  on  the  part  of 

the ,  doposeth  and  saith . 

CERTIFICATK   TO   DEPOSITIONS. 

State  of  Missouri,  I 

County  of .      ^     ' 

I, ,  do  hereby  certify  that  in  pursuance  of  the  annexed ,  came  be- 
fore mc  at ,  in  the  county  and  state  last  afSresaid, who  w —  by  me 

to  testify  to  the  whole  trutli  of knowledge  touching  the  matter  in 

controversy  aforesaid  ;  that w —  examined  and examination  was  re- 
duced to  writing  and  subscribed  by ,  in  my  presence,  on  the  day,  between 

the  hours  and  at  the  place  in  that  behalf  first  aforesaid,  and said  depo- 
sition—  now  herewith  returned,  and  I  hereby  certify  that  the  said are 

residents  of .  (And  I  further  ceitify  that  I  was  duly  qualified  as  a  no- 
tary public  on  the  day  of ,  18 — ,  and  my  term  exjiires ,  18 — .) 

Ifi  testhDioiiy  whereof,  I  have  hereunto  set  my  hand* ,  at ,  in  the 

county  and  state  aforesaid,  this day  of ,  18 — . 

[seal.]  {Signature  of  officer.) 

*  "And  official  seal,"  if  taken  before  an  officer  having  an  official  seal. 
[Fees  and  postage  % ,  paid  by .] 

INSTRUCTIONS   FOR   TAKING    DEPOSITIONS. 

Every  deposition  must  be  reduced  to  writing  in  the  presence  of  the  officer 
before  whom  it  is  taken,  and  signed  by  the  witness.  If  any  paper  or  exhibit 
is  produced  and  pi'oved  or  referred  toby  the  witness,  it  ought  to  be  described 
in  his  deposition,  or  marked  and  referred  to  by  the  deponent  in  such  manner 
that  it  may  be  identified  when  the  deposition  is  read  ;  and  all  such  papers 
and  exhibits  must  be  attached  to  and  returned  with  the  deposition. 

The  officer  will  annex,  at  the  foot  of  the  deposition  of  each  witness,  the 
following  certificate: 

"Subscribed  and  sworn  to  before  me,  on  the  day,  at  the  place  and  within 
the  hours  aforesaid." 

If  the  officer  taking  the  deposition  have  an  official  seal,  it  must  be  affixed 
to  each  certificate.  {Name  and  title  of  officer.) 

Then  proceed  with  other  depositions  (if  any)  in  the  same  fomi,  annexing  a 
like  certificate  to  each.  When  all  the  witnesses  who  appear  have  been  sworn 
and  examined  and  their  depositions  reduced  to  writing,  subscribed  and  certi- 
fied, as  above,  the  officer  will  attach  to  the  depositions  all  papers  and  exhibits 
proved  or  referred  to  in  the  examination,  and  the  commission  and  notice,  with 
tlic  following  certificate  endoi'sed  thereon  or  attached  thereto. 

If  the  officer  knows  the  residence  of  the  witnesses,  he  will  include  the  fol- 
lowing in  his  certificate:      "And  I  further  certify  that  the  said  (insert  the 

names  of  witnesses),  arc  residents  of  the  county  of .  in  the  state  of . 

(xiven  at ,  in  the  countv  of ,  and  state  of ,  this day  of 

18—." 

If  the  officer  taking  the  deposition  have  an  official  seal,  it  must  be  affixed 
to  each  certificate.  {Name  and  title  of  officer.) 

The  return  should  be  accompained  by  a  certificate  of  the  official  character 
of  the  officer  taking  the  depositions,  attested  by  the  seal  of  the  state  of  his 
residence,  or  by  the  seal  of  some  court  of  record  within  said  state,  which 
may  be  as  follows  : 
[Mo.  S.l 


MISSOURI.  499 

"I  hereby  certify  that  (state  the  name)  on  (here  insert,  in  wtjrds  at  length, 
the  date  at  which  the  depositions  are  taken  and  certified),  in  the  year  of  onr 
Lord  18 — ,  was  and  now  is   (here  state  the  style  of  tlie  othcer),  within  and 

for  the .  state  of ,  duly  commissioned  and  acting"  as  such,  and  that 

lull  faith  and  credit  are  due  to  his  acts  as  such." 

Ill  testimoriy  tchereof,  I  (here  state  name  of  officer  and  style  of  office)  have 

liereunto  subscribed  my  name  and  affixed  the  seal  of  office  this day  of 

,  18-. 

[seal.]  {Signature  and  title,  of  officer.) 

The  depositions,  papers,  and  exhibits,  commission,  notice  and  certificates 
shouUl  be  enclosed  in  a  strong  envelope,  securely  sealed,  and  direct  the  same 

to  the  clerk  of  the court  of  the  county  of .  Missouri,  notiug  on  the 

envelope  the  style  of  the  cause  aud  contents,  thus  : 

,  plaintiff        ) 

vs.  /•  Depositions  for  (state  whether  fur  defendant  or  plaintiff.) 
,  defendant.    ; 

If  the  package  is  transmitted  by  mail,  see  that  the  proper  post-office  ad- 
dress is  given  thereon. 

The  depositions  must  be  begun  on  the  day  mentioned  in  the  notice.  If 
they  cannot  be  completed  on  that  day,  the  taking  of  them  may  be  adjourned 
to  the  succeeding  day  only,  and  for  no  longer  time,  unless  upon  agreement, 
and  at  the  same  place,  and  between  the  same  hours.  The  person  taking 
them  should,  in  such  case,  making  the  following  entry,  closing  the  business 
for  that  day : 

"Not  being  able  to  complete  the  takhig  of  said  depositions,  by  reason  that 
(here  insert  the  reason),  I  adjourned  the  further  taking  of  the  same  till  to- 
morrow (or  to  such  time  as  may  be  agreed  upon),  then  to  be  continued  at 
the  same  place  and  between  the  same  hours  mentioned  in  the  amiexed 
notice." 

If  the  officer  taking  the  deposition  have  an  official  seal,  it  must  be  affixed 
to  each  certificate.  (Name  and  title  of  officer.) 

On  the  succeeding  day,  let  the  person  taking  the  deposition  commence  as 
follows : 

Pursuant  to  adjournment,  as  above  stated,  on  the day  of ,  18 — , 

between  the  hours  of in  the  forenoon  and in  the  afternoon,  at  the 

,  I  continued  the  taking  of  said  depositions,  as  follows,  viz. :  ,  in 

contuiuation  of  his  deposition,  commenced  yesterday,  on  his  oath,  further 
says,  etc. 

The  provisions  of  the  act  approved  March  25,  1875,  require  that  "every 
certificate  made  by  any  notary  public,  to  which  his  seal  is  attached,  shall,  in 
addition  to  the  ordinary  recital,  contain  a  statement  of  the  date  of  his  being 
duly  qualified,  and  of  the  date  of  the  expiration  of  his  term  of  office." 

The  foregoing  directions  must  be  strictly  observed,  or  the  depositions  will 
1)6  unavailing. 

Divorce. — Can  be  applied  for  by  any  person  who  has  resided  in  this  state 
one  year,  on  the  following  grounds:  1.  Impotency.  2.  Had  a  wife  or 
husband  living  at  the  time  of  marriage,  o.  Adultery.  4.  Absence  without 
cause  for  space  of  one  year.  5.  During  marriage  convicted  of  felony.  G. 
Habitual  drunkenness  for  the  space  of  one  year.  7.  Barbarous  and  cruel 
treatment  as  to  endanger  life.  8.  Indignities  rendering  condition  intolemble. 
9.  Husband  is  a  vagrant.  10.  Without  knowledge  of  other  party,  conviction, 
previous  to  marriage  of  felony,  or  preguant  at  time  of  marriage  by  another 
man. 

Dower. — One-third  of  real  estate  of  liusbaiid.  and  tu  a  share  in  personal 
estate  equal  to  a  share  of  a  child. 

[Mo.  9.] 


500  MISSOURI. 

Evidence.— ( See  Witnesses. ) 

Executions. — May  issue  at  any  time  within  ten  years  from  the  time  judj^- 
mcut  is  rentlered  ;  are  returnable  to  the  next  term  of  court  after  tlrey  arc  is- 
sued. Execution  from  circuit  court  not  a  lien  upon  personal  property  until 
levied.  Execution  from  justices'  courts  a  lien  upon  personal  property  as 
soon  as  placed  in  the  hands  of  constable.  There  is  no  stay  of  execution. 
Real  estate  taken  under  execution  is  sold  without  appraisement  to  the  highest 
bidder. 

Executors. — ( See  Administration.) 

Exemptions. — To  heads  of  families:  Personal  property,  various  articles 
and  stock  named,  or  else,  if  chosen  by  debtor,  in  value  $300,  and  laborers' 
wages  earned  in  last  thirty  days  ;  homestead  ;  160  acres  in  country,  or  thirty 
square  rods  in  city  of  less  than  40,000  inhabitants,  either  in  value  $1,500  ;  in 
cities  of  over  40,000,  eighteen  square  rods,  value  $3,000.  Persons  not  head 
of  families,  wearing  apparel,  necessary  tools  and  implements  of  mechanic's 
trade. 

Leaseholds  of  three  years  unexpired  terms,  are  subject  to  levy  as  real 
estate. 

Factors. — No  statute  relative  to  same. 

False  Pretenses. — Punished,  inflicted  as  though  the  offence  was  theft; 
grand  larceny,  being  five  years  in  penitentiary.  Petit,  being  one  year  in  jail. 
The  pretense  must  be  made  designedly  for  the  purpose  of  inducing  another 
to  part  with  property,  i.  e.,  obtaining  signature  to  written  instrument. 

Frauds,  Statute  of. — IV  and  XVII  sections  of  original  English  statute  in- 
corporated, and  in  addition  thereto,  representations  of  credit,  and  ratification 
of  contract  of  minor  must  be  in  writing. 

Garnishments. — All  persons  having  in  possession  goods,  moneys,  and  ef- 
fects of  defendant,  shall  be  liable  to,  except  county  collector,  treasurer,  and 
municipal  corporation,  and  officer  charged  with  the  collection  of  money,  be- 
fore the  return-day ;  or  executors  prior  to  an  order  of  distribution ;  wages 
for  thirty  days  are  exempt  in  case  of  a  resident  head  of  a  family. 

Homestead. — To  head  of  families  not  to  exceed  the  total  value  of  $1500' 
in  the  country,  nor  $3000  in  the  city. 

Insolvent  Laws. — (See  Assignments.) 

Inrerest. — The  legal  rate  is  six  per  cent.,  but  parties  may  contract  in  writ- 
ing for  not  to  exceed  ten  per  cent.  The  penalty  for  usury  is  the  forfeiture  of 
the  interest  at  ten  per  cent,  to  the  common  schools,  and  the  recovery  of  costs 
by  the  defendant.  Judgments  bear  interest  at  the  rate  of  six  per  cent,  per 
annum.  If  the  contract  sued  on  calls  for  a  higher  rate,  not  exceeding  ten 
per  cent.,  the  iudgment thereon  may  be  made  to  bear  the  rate  of  interest  so 
agreed  on.  An  open  account  bears  interest  at  the  rate  of  six  per  cent,  per 
annum  from  the  time  when  demand  for  payment  is  made. 

Judgments. — Of  courts  of  record  are  liens  upon  real  estate  of  defendant, 
within  the  county,  and  may  be  extended  toother  counties  by  filing  transcript. 
In  the  City  of  St.  Louis  such  judgments  are  not  liens  until  abstracts  thereof 
are  entered  in  the  abstrat^t  book.  Judgments  of  justices  of  the  peace  are 
liens  on  realty,  after  transcript  is  filed  in  circuit  clerk's  office.  Lien  continues 
three  years  from  rendition  of  judgment,  and  may  be  renewed  for  two  years 
by  scire  facias.  Judgment  may  be  renewed  within  ten  years  for  an  additional 
period  of  ten  years. 
iMo.  10.1 


MISSOURI.  501 

Justices  of  the  Peace. — (See  Courts.) 

Landlord  and  Tenant. — No  tenant  can  assign  his  interest  in  term  not  ex- 
ceeding two  years,  without  tlie  consent  of  his  landlord  ;  no  notice  to  quit 
necessary  in  case  of  a  term,  to  end  at  a  certain  time. 

Liens, — {See  Mechanic's  Liens.) 

Limitation  of  Suits. — Ten  years — Written  contract  for  payment  of  money, 

on  covenants  in  deeds,  ejectment  for  real  estate  ;  fioe  years  open  account,  and 
promises  not  in  writing,  damages  to  injury  of  person  or  property,  and  for  pos- 
session thereof  on  gi-ound  of  fraud,  beginning  from  discovery  of  fraud,  whicli 
must  be  made  within  ten  years  after  commission  ;  three  years  against  sheriff 
and  other  officers  on  their  bonds;  two  years  libel,  slander,  assault,  battery, 
etc. ;  action  on  judgment  lajjse  of  twenty  years  ;  claims  against  assigned  es- 
tate barred  if  not  presented  on  days  fixed  by  notice  of  assignee. 

Actions  for  recovery  of  dower  must  be  commenced  within  ten  years  from 
husband's  deatli ;  and  to  collect  taxes  within  five  years. 

Limited  Partnerhips. — For  any  purposes  excepting  banking,  brokerage  or 
insurance,  must  have  one  or  more  general  partners,  with  such  responsibilities 
and  one  or  more  special  partners,  liable  only  to  amount  contributed  ;  must 
tile  written  statement,  showing  name  and  residence,  style  of  firm,  amount  of 
cash  contributed,  nature  of  business  ;  must  be  acknowledged  and  recorded. 

Minors. — Males  of  twenty-one  years,  and  females  of  eighteen,  are  consid- 
ered adults,  for  most  all  purposes. 

Married  Women. — Personal  property  belonging  to  a  woman  at  marriage, 
or  acquired  during  coverture,  is  her  sole  property,  and  is  not  deemed  to  be 
reduced  to  husband's  possession  by  hisuse  and  care,  but  remains  hers,  unless 
by  her  express  assent  in  writing,  she  gives  him  authority  to  dispose  of  it.  A 
separate  estate  in  real  or  personal  property,  exclusive  of  marital  rights,  may 
be  enjoyed  by  a  woman  with  or  without  the  intervention  of  trustee. 

Mechanics'  Liens. — May  be  obtained  on  the  improvements  and  .lot,  and 
take  precedence  as  to  building,  and  as  to  land  of  all  encumbrances  made  after 
work  is  commenced.  Laborers,  within  sixty  days,  contractor  within  six 
months,  and  all  other  persons  within  four  months  after  debt  accrues,  must  tile 
their  lien. 

Mortgages  and  Deeds  of  Trust.— Must  be  executed  and  acknowledged 
like  other  deeds,  and  must  be  recorded.  The  common  form  of  security  in 
til  is  state  is  a  deed  of  trust.  By  it  the  property  is  conveyed  to  a  trustee  with 
l)ower  to  sell  and  to  convey  the  property  absolutely  if  the  debt,  usually  ex- 
pressed by  notes,  is  not  paid.  This  proceeding  is  without  suit.  Mortgages 
and  deeds  of  trust  may  be  satisfied,  at  an  expense  of  thirty-five  cents,  upon 
the  margin  of  the  record  of  the  mortgage  or  deed  of  trust,  in  the  recorder's 
office.  Releases  may  also  be  made  by  deed.  Trustees  in  deeds  of  trust,  are 
prohibited  from  releasing  sucli  deeds  unless  the  creditor  joins  in  such  release. 

Oaths. — {See  Affidavits.) 

Partnerships. — {See  Limited  Partnerships.) 

Practice. — Is  under  code. 

Recording. — All  deeds  of  realty  must  be  recorded  to  be  good  against  bona 
fide  purchaser  for  value. 

Redemption. — Must  be  made  within  one  year  after  sale. 

[Mo.  11.] 


602  MISSOURI. 

Replevin. — Affidavits  setting  forth  claim,  description  of  property,  and  value 
of  it,  together  with  a  bond  for  double  the  value  of  the  property,  must  be  filed 
with  the  petition. 

Bevision. — Is  to  be  made  every  ten  years  from  1879. 
Seal, — ( See  AcknowledgmeaU. ) 
Security  for  Costs.— {See  Costs.) 

Stay  of  Execution. — Or  attachment,  are  unknown  in  this  ^tate  ;  but  per- 
sonal property  attached  may  be  retained  by  the  person  in  whose  hands  the 
Bame  is  found,  on  his  giving  bond  and  security  satisfactory  to  the  officer  for 
the  forthcoming  thereof,  as  directed  by  the  court,  and  to  abide  the  judgment 
of  the  court.  And  any  attachment  on  personal  or  real  property  may  be  dis- 
solved by  the  defendant  appearing  and  pleading  to  the  action  and  giving  bond 
in  amount  sufficient  to  satisfy  the  plaintiff's  claim,  with  interest  and  costs, 
conditioned  for  payment  of  any  judgment  rendered,  with  interest  and  costs 
on  or  before  the  first  day  of  the  next  term  after  judgment. 

Supplementary  Proceedings. — On  return  of  an  execution  unsatisfied,  and 
within  five  years  thereafter,  plaintift'  showing  good  cause,  may  require  judg- 
ment debtor  to  submit  to  an  examination  concerning  his  ability  to  discharge 
the  judgment. 

Taxes. — Are  assessed  and  paid  annually,  also  see  LimUation. 

Trust  Deeds.— (-See  Mortgages.) 

Usury. — ( See  Interest. ) 

Wills. — Every  male  person,  twenty-one  years  of  age  and  upwards,  and 
woman  of  eighteen,  may  devise  their  realty,  personal  and  mixed  property. 

Form  for  Opening  arul  Closing  of  Wills. 

In  the  name  of  God,  Amen  :  I,  (name  of  testator),  of ,  county  of 

state  of ,  being  of  sound  mind  and  memory,  do  hereby  make,  publish  and 

declare  this,  my  last  will  and  testament,  (hereby  revoking  any  and  all  wills 
by  me  heretofore  made) : 

1.  It  is  my  wish  that  all  my  lawful  debts  and  funeral  expenses  shall  be 
paid  out  of  my  estate,  etc.     2.  I  give,  devise,  and  bequeath,  etc, 

.(Wife  and  all  children  of  testator  niust  be  named.) 

In  testimony  whereof,  I  do  hereunto  set  my  hand  and  affix  my  seal,  the 
day  of ,  A.  D.,  18-. 

.      [SEAL.] 

ATTESTING   OT.AUSK   FOR  WITNESSES. 

Signed,  scaled,  published  and  declared  by  the  said as  and  for  his  last 

will  ami  testament,  in  our  presence   and  in  the  presence  of  each  other,  this 
<lay  of ,  18 — . 

In  testimony  whereof  we  do,  in  his  presence,  and  in  the  presence  of  each 
other,  and  at  his  request,  sign  our  names  hereto  as  witnesses.  C.  D. 

E.  F. 

C.  D.,  having  signed 


said 


;f^OTE. — If  C.  D.  signed  testator's  name,  add,  "  I, 
testator's  name  to  said  will,  at  his  request." 


Wltnes..     . — Interest  does  not  disqualify. 
[Mo.  12.] 


MISSOURI. 


503 


ATTORNEYS    IN     MISSOURI. 


Bold  Face  Type  denotes  county  scats.       A  dash  {— )  less  than  100  population. 
Figures  after  names  ■when  admitted  to  the  Ear.       A  star  (*)  Notaries  Public. 
A  double  dagger  (|)  our  Compiler  of  Laws. 
A  dagger  (t)  former  recominendations  withdrawn. 


PLACE. 

COUNTY. 

Ava 

Douglass 

Albany 

Gentry 

Alton 

Oregon 

Appleton  City 

St.  Clair 

Ash  Grove 

Greene 

Belton 

Cass 

Benton 

Scott 

Bethany 

Harrison 

Bloom  field 

Stoddard 

Bolivar 

Polk 

Boonville 

Cooper 

Bowling  Green 

Pike 

Jireckenridge 

Caldwell 

Brookfield 

Linn 

Brownsville 

Saline 

Brunswick 

Chariton 

Buffalo 

Dallas 

Butler 

Bates 

California 

^loniteau 

Cameron 

Clinton 

Canton 

Lewis 

Cape  Girardeau 

Cape  Girardeau 

Carrollton 

Carroll 

Carthage 

Jasper 

Carterville 

Jasper 

Cassville 

Barry 

Centralia 

Boone 

Centreville 

Reynolds 

Charleston 

Mississippi 

Chillicothe 

Livingston 

Clayton 

St.  Louis 

Clinton 

Henry 

Columbia 

Boone 

Danville 

[Montgomery 

De  Soto 

Jetterson 

Doniphan 

Ripley 

Edina 

Knox 

Eminence 

Sliannon 

Farmington 

St.  Francis 

Fayette 

Howard 

NAMES   OF    ATTORNEYS.     POPULA'n. 

J.  K.  Reed.  150 

R.  L.  Whaley.                '  1,500 

W.  C.  Boyd.  350 

J.  A.  Gilbreath.  2,000 

W.  S.  Owens.  3,000 

Williams  &  Strother  1,000 

Wm.  Hunter.  300 

J.  C.  AVilson.  1,400 

H.  H.  Bedford.  389 

J.  B.  Upton.  2,000 

Cosgrove  &  Johnston.  4,780 

Smith  &  Hosteter.  3,000 

O.  J.  Chapman.  1,100 

^V.  H.  Brownlee.  3,500 

C.  B.  Buckner.  — 

Louis  Benecke,  3,500 

A.  S.  Smith.  750 

S  J.  W.  BADGER,  Ref.  Bates  3.500 
^                  County  Nat.  Bank. 

Moore  &  AVilliams.  2,200 

Hiram  Smith,  Jr.  2,500 

Anderson  &  Schofield.  2,800 

Hon.  R.  L.  Wilson.  4,800 
(  VIRGIL  M.  CONKLING, 
<      Ref.  Carroll  Exchange  B"k.,  3,500 
r                          Carrollton,  Mo. 

■  McReynolds  &  Halliburton.  8,500 

Jose])h  Fountain.  1,700 

Thos.  ]SI.  Allen.  1,000 

J.  H.  Cupp.  1.800 

R.  I.  January.  101 

J.  J.  Russell.  1,675 

John  E.  Waitt.  4,078 

J.  W.  3IcElhinney.  200 

R.  C.  McBeth.  4,500 

C.  B.  Sebastian.  4.600 

J.  ]V[.  Barker.  500 

S.  B.  Partin.  3,562 

Sheppard.  Gregory  &  Co.  600 

O.  D.  Jones.  1,156 

G.  W.  RHEA,  80.  125 

Carter  it  Weber.  1,500 

R.  C.  Clark.  2,000 


504 

MISSOURI. 

PLACE. 

COUNTY. 

NAMES   OF   ATTORNEYS.      P0PTJLA"N. 

Forsyth 

Taney 

R.  V.  Burns. 

300 

Fredericktown 

Madison 

Cahoon  &  Cahoon. 

1,7.50 

Fulton 

Callaway 

J.  A.  Hockaday. 

3,41.5 

Galena 

Stone 

B.  F.  Yocuni. 

250 

Gallatin 

Daviess 

Gillihan  &  Brosius. 

1,80,» 

Gainesville 

Ozark 

James  L.  Davis. 

200 

Gayoso 

Pennscott 

Geo.  W.  Carlton. 

300 

Glasgow 

Howard 

Thomas  Shackelford. 

2,201) 

Golden  City 

Barton 

P.  J.  Es.sex. 

1.20O 

Grant  City 

Worth 

KELSO  &  SCHOOLER. 

1.00O 

Greenfield 

Dade 

S.  A.  Payne. 

1,2(0 

Greenville 

AVavne 

E.  P.  Settle. 

20w 

Hamilton 

Caldwell 

C.  .Johnson. 

1.8U0 

Hannibal 

Marion 

AVm.  C.  Foreman. 

11.074 

Harrisonville 

Cass 

5  J.  H.  Kyle,  "82,  refers  to  1st 
(      Xat.  Bank  of  Harrisonville. 

2,000 

Hartville 

Wright 

Mansfield  &  Pollock. 

300 

Hermann 

Gasconade 

Robert  Walker. 

1,344 

Hermitage 

Hickory 

J.  H.  Childers. 

300 

Higginsville 

La  Fayette 

E.  F.  Keyton. 

2,500 

Hillsborough 

Jefferson 

•Toseph  J.  Williams. 

337 

H  olden 

Johnson 

J.  P.  Orr. 

4,500 

Houston 

Texas 

G.  A.  Leavitt. 

400 

Huntsville 

Randolph 

T.  B.  Reed. 

2,001) 

Independence 

Jackson 

E.  P.  Gates. 

G.OOO 

Ironton 

Iron 

J.  W.  Emmerson. 

l,14t> 

Jackson 

Cape  Girardeau       L.  Sanford. 

1.000 

Jefferson  City 

Cole 

Smith.  Silver  &  Brown. 

7,271 

Joplin 

Jasper 

G.  Spencer. 

10,000 

Kahoka 

Clarke 

Hon.  B.  E.  Turner. 

1,1.50 

Kansas  Citv. 

Jackson  County.             Population,  104,047 

MENDELL,  G.  W.,  '72,  213  and  214  Nelson  Building. 
Craig,  Henry  H.,  518  Delaware  St. 

See  Card  in  Appendix,  page  xii. 

HAMILTON,  ELISHA  B.,  '69,  303  Nelson  Building. 
Refers  to  National  Bank  of  Commerce,  Kansas 
City,  and  1st  National  Bank,  Quincy,  111. 

SCOTT,  H.  P..  110  W.  6th  St. 

\  Bridges,  H.  Q.,  14  Long's  Building. 


Kennett 

Dunklin 

T.  R.  R.  Ely. 

300 

Keytesville 

Chariton 

0.  F.  Smith. 
C  Hon.  Jas.  INlcMillan. 

800 

Kingston 

Caldwell 

}  t  Wm.  McAfee. 
I  f  Wm.  A.  Wood. 

900 

Kirksville 

Adair 

A.  D.  Risdon. 

3,500 

Kirkwood 

St.  Louis 

W.  C.  BRAGG. 

780 

Laclede 

Linn 

0.  F.  Libby. 

1,700 

La  Grange 

Lewis 

J.  Muir. 

1,500 

Lamar 

Barton 

Tucker  &  Cole. 

3,700 

Lancaster 

Schuyler 

James  Roby. 

800 

Lathrop 

Clinton 

John  A.  Cross. 

l,20l> 

Lebanon 

Laclede 

(See  Linn  Creek.) 

1.419 

Lexington 

La  Fayette 

GEORGE  PRICE. 

4,990 

Liberty 

Clay 

Samuel  Hard  wick. 

2,500 

Linn 

Osage 

S.  Masbv. 

250 

Linn  Creek 

Camden 

CHARLES  H.  SHUBERT. 

185 

Linneus 

Linn 

A.  W.  Millans. 

2.000 

MISSOURI. 

505 

PLACE. 

COUXTY. 

NAMES   OF   ATTORNEYS.      POPULA'n. 

Louisiana 

Pike 

W.  H.  Biggs. 

4. 3-2.5 

Macon  City- 

INIacon 

John  F.  Williams. 

3,040 

Marble  Hill  > 

Bollinger 

Geo.  E.  Conrad. 

267 

Marshall 

Saline 

Samuel  Boyd. 

5,000 

Marshfield 

Webster 

(See  Linn  Creek.) 

655 

Maryville 

Nodaway 

F.  D.  Snvder. 

3,4i>3 

Maysville 

De  Kalb 

H.  E.  Glazier. 

950 

Memphis 

Scotland 

Wm.  T.  Kays. 

2.000 

Mexico 

Audriau 

G.  B.  McFarlane. 

5,000 

Milan 

Sullivan 

John  P.  Butler. 

1,117 

Moberly 

Randolph 

^y.  A.  :NLirtin. 

8.000 

^lonroe  City 

Monroe 

R.  B.  Bristow. 

1,500 

rNlontuomery  City 

Montgomery 

S.  S.  Xowlin. 

2,500 

Monticello^ 

Lewis 

Clay  &  Rav. 

400 

Mt.  Vernon 

Lawrence 

N.  Gibbs.  ' 

600 

Neosho 

Xewton 

Joseph  Cravens. 

2,000 

Nevada 

Vernon 

Burton  &  Wight. 

7,000 

New  London 

Ralls 

Geo.  E.  Mayhew. 

610 

New  Madrid 

Xew  Madrid 

Hatcher  &  Laforge. 

960 

Nortli  Siiringtiold 

Greene 

Ramsey  &  Lincoln. 

5,000 

Odessa 

Lafayette 

I.  W.  Whitsett. 

1.500 

Oregon 

Holt 

T.  C.  Dungan. 

1,200 

Osceola 

St.  Clair 

J.  H.  Lucas. 

600 

Ozark 

Christian 

A.  Harrington. 

500 

Paris 

^Monroe 

A.  M.  Alexander. 

1,243 

Perryville 

Perry 

Edward  Robb. 

800 

Pierce  City 

Lawrence 

F.  C.  Johnston. 

3,500 

Pineville 

McDonald 

H.  C.  Pepper. 

200 

Platte  City 

Platte 

W.  C.  Wells. 

1,000 

Plattsburgh 

Clinton 

James  M.  Riley. 

2,000 

Pleasant  Hill 

Cass 

Whitsett  &  Jarrett. 

3,500 

Poplar  Bluff 

Butler 

I.  M.  Davidson. 

1,500 

Potosi 

Washington 

Dinning  «&  Byrns. 

1,000 

Princeton 

Mercer 

Hyde  &  Orton. 

1,600 

Rich  Hill 

Bates 

C.  A.  Denton. 

5,123 

Richmond 

Ray 

J.  E.  Black,  Sr. 

2,500 

Eockport 

Atchison 

J.  D.  Campbell. 

715 

Rolla 

Phelps 

Hon.  H.  E.  Baker. 

2,500 

St.  Charles 

St.  Charles 

H.  C.  Lackland. 

7,000 

Ste.  Genevieve 

Ste.  Genevieve 

Chas.  C.  Rozier. 
(  James  H.  Pratt. 

2,000 

St.  Joseph 

Buchanan 

<STAUBER,  (R.  0.)  & 

40,000 

i            CRANDALL,  (M.  M.) 

St.  Louis. 

St.  Louis  Coi 

LXTY.           Population,  350,522. 

1  Allen,  Clifford  B.,  No.  404  Market  St. 

iSee  Card  in  Ajypendix,  page  xii. 

*Coste,  Paul  F.,  509  Olive  St. 

See  Card  in  Appendix,  page  xiii. 
Bragg,  W.  C,  600  Olive  St. 
Riddle,  John  W.,  '77,  506  Olive  St. 
f  Partin,  S.  B.,  N.  W.  Cor.  5th  and  Chestnut. 
t  Wind,  Fred'k  A.,  509  Olive  St. 


Salem 

Dent 

L.  B.  Woodside. 

2,000 

Salisbury 

Chariton 

W.  S.  Stockwell. 

1,200 

Savannah 

Andrew 

C.  F.  Booher. 

1.206 

Sedalia 

Pettis 

W.  S.  Shirk. 

17,000 

506 

MISSOURI. 

PLACE. 

COUKTY. 

KAMES   OF  ATTOKNEYS. 

popula'k. 

Seymour 

Webster 

J.  G.  KENDRICK,  '78, 

250- 

Shelbina 

Shelby 

W.  O.  L.  JEWETT,  '6G. 

1,288. 

Shelbyville 

Shelby 

P.  B.  Dunn. 

1,050 

Slater 

Saline 

R.  S.  Burks. 

1,750 

Springfield 

Ureeu 

JOHN  W.  JUMP. 

8,500- 

Steelville 

Crawford 

T.  R.  Gibson. 

675 

Stockton 

Cedar 

J.  T.  Farris. 

600 

Tipton 

Moniteau 

W.  P.  Johnson  &  Son. 

1,000 

Trenton 

Grundy 

S.  Peery. 

5,000 

Troy 

Lincoln 

R.  H.  Norton. 

1,500 

Union 

Franklin 

A.  H.  Bolte. 

402 

Unionville 

Putnam 

JAMES  E.  BURNHAM, 

'80.        862 

Van  Buren 

Carter 

J.  J.  Kintz. 

100 

Versailles 

Morgan 

A.  W.  Anthony. 

1,000 

Vienna 

Maries 

A.  Y.  Barr. 

183 

Warrensburgh 

Johnson 

f  TURNER  C.  HORNBUCKLE,  '83. 
\  W.  W.  WOOD,  '71.                    3,800 

Warrenton 

Warren 

L.  J.  Dry  den. 

1,000 

Warsaw 

Benton 

R.  W.  Campbell. 

700 

Washington 

Franklin 

R.  Hirzel. 

4,000 

West  Plains 

Howell 

Livingston  &  Pitts. 

1,500 

Weston 

Platte 

J.  W.  Coburn. 

1,500 

MISSOURI. 


50T 


BANKS  IN   MISSOURI. 

Giving  the  name  of  town,  bank  and  casliier,  and  amount  ol  paid-up  capital  of  one 
bank  in  each  county  of  this  state  in  which  such  a  banking  institution  is  located. 


PLACE. 

Albany 

Bethany 

Bolivar 

Boonville 

Bowling  Green 

Buffalo 

Butler 

California 

Carrollton 

Carthage 

Chillicothe 

Clinton 

Columbia 

Edina 

Fayette 

Fulton 

Gallatin 

Greenfield 

Harrisonville 

Hermann 

lluntsville 

Independence 

Jefferson  City 

Kahoka 

Keytesville 

Kingston 

Kirksville 

Lamar 

Lancaster 

Lexington 

Liberty 

Linneus 

Macon 

Marshall 

Marshfield 

Maryville 

Maysville 

Memphis 

Mexico 

Milan 

Monticello 

Mt.  Vernon 

Neosho 


NAMK   OF   BAKK. 

Gentry  County  Bank 
Bethany  Savings  Bank 
Bank  of  Bolivar 
Central  National  Bank 
Citizens'  Bank 
Dallas  County  Bank 
Bates  County  Nat  Bank 
Moniteau  National  Bank 
Carroll  Exchange  Bank 
First  National  Bank 
People's  Savings  Bank 
First  National  Bank 
Boone  County  Nat  Bank 
Bank  of  Edina 
Payne  William's  Bank 
Southern  Bank  of  Fulton 
Farmers'  Exchange  Bank 
Dade  County  Bank 
Allen  Banking  Co 
Hermann  Savings  Bank 
J  M  Ilammett  &  Co 
Chrisman  Sawyer  Bk'g  Co 
First  National  Bank 
Kahoka  Savings  Bank 
Farmers'  Bk  of  Chariton  Co 
Caldwell  County  Bank 
First  National  Bank 
C  H  Brown  &  Co 
Schuyler  County  Bank 
Commercial  Bank 
Commercial  Savings  Bank 
Combs  &  Wilkerson 
First  National  Bank 

<(  i(  a 

Bank  of  Marshfield 
First  National  Bank 
Maysville  Bank 
Citizens'  Bank 
Mexico  Southern  Bank 
First  National  Bank 
Monticello  Savings  Bank 
Mt.  Vern(m  Bank 
Bank  of  Neosho 


M.  L.  Millen. 
M.  McCollum. 
W.  L.  Snodgrass. 
Wm.  S.  Stephens. 
Gabriel  Phillips. 
(J.  f.  Brownlow."» 
J.  C.  Clark. 
N.  C.  Rice. 
E.  J.  Rea. 
V.  A.  Wallace. 
R.  Hawkins. 
W.  D.  Tyler. 
Irvine  O.  Hockaday. 
Philip  B.  Linville. 
E.  W.  Bedford. 
C.  W.  Jameson. 
John  J.  Engart. 
John  A.  Ready. 
B.  Doveton. 
Robert  Robyn. 
Chas.  II.  Ilammett. 

A.  F.  Sawyer. 
Oscar  G.  Burch. 
Jas.  R.  Hume. 
John  C.  Miller. 
John  D.  Cox. 
Wm.  T.  Baird. 

Cliristian  Figge. 

B.  R.  Ireland. 
Lewis  B.  Dougherty. 
J.  II.  Wilkerson. 
John  Scovern. 

A.  S.  Van  Anglen. 

r Edwin  W.  Salmon.) 
il.  W.  Richmond. 
Conrad  Kochan. 
N.  V.  Leslie. 
II.  S.  Bicketts.  , 

J.  C.  McCoy. 

B.  F.  Thompson, 
•lohn  D.  Porter. 
II.  F.  Jones. 


PAID  UP 
CAPITAL. 

$      20,000 

22,000 
10,000 

200,000 
25,000 
10,000 
75,000 
50,000 
50,000 

100,000 
50,000 
50.000 

100,000 
20,000 
20.000 
50,000 
25,000 
25,000 
25,000 

;  JO.  000 

20,000 

100. 000 

50,000 

10,000 

10,000 

50,000 

50.000 

50,000 

25,000 

75,000 

40,000 

5.000 

50.000 

100,000 

10,000 

100,000 

20,000 

50,000 

,     150000 

75,000 

20,000 

12.500 

25.000 


508 

MISSOURI. 

PAID  UP 

PLACE. 

NAME    OP    BANK. 

CASHIEU. 

CAPITAL. 

Nevada 

Thornton  Banking  Co 

J.  E.  Harding. 

100,000 

New  London 

Ralls  County  Bank 

Wm.  Christian. 

20,000 

Oregon 

Montgomery  &  Roecker 

15,000 

Osceola 

St.  Clair  County  Bank 

Jas.  P.  Landers. 

25,000 

Ozark 

Christian  County  Bank 

0.  M.  Nilson. 

5,000 

Palmyra 

First  National  Bank 

Samuel  Logan. 

60,000 

Paris 

National  Bank  of  Paris 

John  S.  Conyers. 

100,000 

Perryville 

Furth  &  Wilson 

7,000 

Platte  City 

Exchange  Bank 

A.  R.  Jack. 

5,000 

Plattsburg 

Clay  &  Funkhouser  Bk'g  Ci 

0  Joel  Funkhouser. 

70,00Q 

Princeton 

Bank  of  Princeton 

C.  E.  Speer. 

25,000 

Richmond 

J  S  Hughes  &  Co 

B.  Hughes. 

100,000 

Rockport 

Bank  of  Atchison  County 

A.  A.  J.  Wannschaff. 

35,000 

Rolla 

Nat  Bank  of  Rolla 

D.  W.  Malcolm. 

50,000 

Salem 

Bank  of  Salem 

W.  A.  Young. 

25,000 

Savannah 

Farmers'  Bk  of  Andrew  Cc 

»  J.  F.  Waters. 

24,340 

Sedalia 

First  National  Bank 

J.  C.  Thompson. 

100,000 

Shelbyville 

Phil.  Dimmitt 

10,000 

Springfield 

Greene  County  Nat  Bank 

J.  D.  Sheppard. 

100,000 

St.  Charles 

First  National  Bank 

J.  E.  Stonebraker. 

50,000 

Steelville 

Bank  of  Steelville 

Thos.  R.  Gibson, 

10,000 

St.  Joseph 

Saxton  National  Bank 

J.  W.  McAlister. 

200,000 

Stockton 

Stockton  Exchange  Bank 

M.  B.  Loy. 

15,000 

Trenton 

Union  Bank 

Geo.  Gilmore. 

30,000 

Troy 

Farmers'  &  Mechanics'  Sav' 

g  Bank.  H.  W.  Perkins, 

.      10,000 

Unionville 

Nat  Bank  of  Unionville 

F.  H.  Wentworth. 

50,000 

Tersailles 

Bank  of  Versailles 

W.  L.  Stephens. 

10,000 

Warrensburg 

Bank  of  Warrensburg 

Wm.  P.  Hunt. 

25,000 

Warrenton 

Bank  of  Warren  County 

T.  J.  Fariss. 

10,000 

Warsaw 

Bank  of  Warsaw 

H.  A.  Thompkins. 

20,000 

West  Plains 

West  Plains  Bank 

Jos.  L.  Thomas. 

15,000 

TERRITORY  OF 

m:ontana. 

SUMMARY   OF 

Collection    La.\vs. 

Court  Calendar,  Instructions  for  taking  Depositions,  Legal  Forms,  Etc.. 

Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "Showers' 

Legal  Directory  and  Merchants'  Guide,"  for  1888,  by 

Hon.  H.  R.  Comly,  of  the  Helena  Bar. 

Acknowledgments.— ( -See -Deeds. ) 

Actions. — Only  one  form  in  law  or  equity,  commenced  by  filing  com- 
plaint.    Pleadings,  complaint,  answer  and  replication. 

Administration. — Probate  court  has  jurisdiction.  Gi-anted  to  1st,  father  ; 
2d,  mother;  3d,  brother;  4th,  unmarried  sister;  5th,  public  administrator,, 
and  6th,  creditor.     Must  be  citizen  of  territory. 

Affidavits. — Sworn  to  before  any  officer  authorized  to  administer  oaths. 

Aliens. — 2^o  special  statutes. 

Appeals. — Lie  from  justices'  and  probate  courts  to  district  courts,  and 
from  district  court  to  supreme  court. 

Assignments  and  Insolvency. — There  is  no  general  law  permitting  an 
assignment  by  an  insolvent,  except  when  he  has  been  arrested  in  an  action, 
when  he  may  assign  his  property  to  receive  his  discharge. 

Attachments. — All  property  not  exempt  from  execution  may  be  attached 
by  filing  sufficient  bonds  in  double  the  amount  claimed,  if  it  be  less  than  one 
thousand  dollars  ;  if  more  than  ten  thousand  dollars,  then  in  that  amount ; 
and  an  affidavit  showingTthat  defendant  is  indebted  to  plaintiff  upon  a  con- 
tract, express  or  implied,  for  the  payment  of  money,  gold  dust  or  other 
property  then  due,  which  is  not  secured  by  a  mortgage,  lien  or  pledge  upon 
real  or  personal  property ;  or,  if  so  secured,  that  the  security  has  become 
insufficient  by  the  act  of  the  defendent  or  other  means.  Attachments  may 
also  be  had  before  demand  is  due  :  if  defendent  is  leaving  or  about  to  leave 
the  territory  with  all  liis  or  her  property,  moneys  or  other  ettects  which 
might  be  subjected  to  the  payment  of  the  debt,  for  the  purpose  of  defrauding 
his  creditors  ;  or  that  defendant  is  disposing  of,  or  about  to  dispose  of  his 
property  subject  to  execution,  for  the  purpose  of  defrauding  his  creditors, 
which  must  appear  by  affidavit. 

The  sheriff  is  directed  in  the  writ  to  attach  sufficient  property  to  cover  the 
demand  of  plaintiff.  Credits  or  other  personal  property,,  in  the  possession  or- 
under  the  control  of  another,  are  attached  by  the  sheriff  serving  upon  such 


510  MONTANA  TERRITORY. 

person  a  copy  of  the  writ  and  a  notice  that  such  credits,  other  property,  or 
<lebts,  as  the  case  may  be,  are  attached,  etc.  (See  Code  of  Civil  Procedure, 
chap.  4,  title  vii,  adopted  February  IG,  1887.) 

Banks  and  Bankers.— No  special  laws. 

Bills  of  Exchange  and  Promissory  Notes. — All  declared  negotiable. 
Three  days  grace.  If  assigned  before  maturity,  no  set  off.  Due  on  Sunday 
or  public  holiday,  deemed  to  be  due  the  day  i)revious.  Written  notice  of 
protest.  Optional  with  holder  of  over  due  bill  or  note  to  sue  parties  collec- 
tively or  severally. 

Bills  of  Lading. — No  special  statute. 

Chattel  Mortgages. — A  chattel  mortgage  is  not  good  against  the  rights  of 
tliird  parties,  unless  possession  is  delivered  to  mortgagee,  or  the  mortgage  is 
acknowledged  and  recorded,  expressly  providing  that  the  mortgagor  may  re- 
tain possession.  Such  mortgage  must  be  recorded  in  the  county  where 
anortgagor  i-esided  when  the  same  was  made,  and  is  good  for  one  year  from 
date  of  record.  A  person  selling  mortgaged  chattels  during  the  continuance 
of  the  lien,  forfeits  to  the  purchaser  twice  the  value  thereof,  and  by  act  Feb- 
ruary 11,  1876,  is  guilty  of  misdemeanor,  and  may,  on  conviction,  be  fined 
not  less  than  fifty  dollars  nor  more  than  five  hundred  dollars. 

Claims  against  Decedents'  Estates.— Must  be  presented  within  four 
months  after  notice  published,  if  estate  amounts  to  $10,000,  or  less.  If  over 
•i?10,000  with  ten  months. 

^Court  Calendar  :— 

SUPREME    COURT. 

Chief  Justice.—^.  W.  McConnell.  Associate  Justices.— Wm.  J.  Galbraith,  James 
'H.  McLeary  and  Thomas  C.  Bach.    Clerk. — I.  R.  Alden. 

Te)-7iis.— At  Helena,  1st  Monday  in  January  and  2d  Monday  in  August. 

DISTRICT    COURTS. 

The  times  and  places  for  holding  District  Courts  are  subject  to  be  changed  by  the 
order  of  the  Supreme  Court  in  term,  or  of  any  two  of  the  Justices  thereof  In  vaca- 
ition.  The  Supreme  Court,  at  the  July,  1887,  term,  ordered  that  terras  of  the  District 
■Courts  be  held  at  the  times  and  places  following,  until  further  order: 

UNITED    STATES    COURTS. 

At  Helena— First  Mondays  in  March,  July  and  November.  At  Deer  Lodge— First 
Mondays  in  May  and  December.  At  Bozeman— Third  Mondays  of  May  and  Novem- 
ber.   At  Miles  City — Third  Monday  in  April  and  fifth  Monday  in  October. 

The  terms  of  the  district  courts  have  been  fixed  as  follows: 

FIRST    DISTRICT. 

Lewis  and  Clarke  County— First  Mondays  in  March,  July  and  November.  Jeffer- 
.son  County— Third  Mondays  in  April  and  September.  Choteau  County— First  Tues- 
days after  the  first  Mondays  in  April  and  September. 

SECOND    DISTRICT. 

Silver  Bow  County— First  Mondays  of  March  and  October.  Deer  Lodge  County- 
First  Mondays  of  May  and  December.  Mistoula  County— Second  Mondays  of  June 
•and  November. 

THIRD    DISTRICT. 

Gallatin  County— First  Mondays  in  May  and  November.  Park  County— Third 
Mondays  in  March  and  September.  Madison  County— Third  Mondays  of  April  and 
■October.    Beaverhead  County— First  Mondays  in  April  and  October. 

FOURTH    DISTRICT. 

Meagher  County— Fourth  Monday  in  March  and  second  Monday  in  September. 
Fergus  County— First  Monday  in  April  and  fourtli  Monday  in  September.  Yellow- 
stone County — First  Monday  in  March  and  third  Monday  in  October.  Custer  county 
—Third  Monday  in  April  and  fifth  Monday  in  October.  Dawson  County— Third 
Monday  in  May  and  fourtii  Monday  in  November. 


MONTANA  TERRITORY.  oil 

Deeds,  Acknowledgments,  etc. — Every  conveyance  in  writin<^  of  or  al- 
rcctinj;-  real  proiierty,  must  be  acknowletlj^eil  or  prt>vud  and  certified  as  hert-- 
al'ter  stated.  The  proof  or  acknowledj^rnent  may  be  made  within  the 
territory,  before  tlie  secretary  of  the  territory,  some  jud>^e  or  clerk  of  a  court 
having  a  seal,  a  notary  iniblic,  or  justice  of  the  peace,  the  county  clerk  and 
cv-officio  county  lecorder ;  without  the  territory,  but  within  the  United 
States,  by  some  judge  or  clerk  of  any  court  of  the  United  States,  or  any  state 
or  territory  having  a  seal,  a  notary  public,  a  justice  of  the  jteace,  or  commis- 
sioner appointed  by  the  governor  of  tlie  territory  for  that  puri)ose.  If  taken 
by  a  justice  of  the  peace,  his  official  character  must  be  certified  to  luuler  the 
seal  of  the  court,  tribunal,  or  officer  within  and. for  the  county  in  which  such 
justice  of  the  peace  may  be  acting,  which  has  cognizanee  of  his  official 
character. 

Form  of  Certijicnte  of  Acknowledgment, 

Terkitory  of  ]\Iontana,   I 

County  ob' .  ^  ' ' 

On  this day  of ,  A.  D.,  18 — ,  before  me  ,  a  commissioner  for 

the  territory  of  ^lontana,  duly  commissioned  and  qualified  according  to  the 
laws  of  said  territory,  in  and  for  said  county,  i)ersonally  appeared ,  per- 
sonally known  to  me  to  be  the  person  described  in,  and  who  executed  the 
foregoing  instrument,  and  who  acknowledged  to  me  that  he  executed  the 
same  freely  and  voluntarily,  for  the  purposes  therein  mentioned. 

In  witness  wfiereof,   I  have  liereunto  set  my  hand  and  affixed  my  official 

seal,  tills day  of ,  A.  D.  18 — . 

[l.  s.]  (Signature  and  title  of  officer.) 

Note. — When  acknowledgment  is  taken  by  officer  other  than  a  (commis- 
sioner, then  insert  the  title  of  such  officer  in  certificate.  » 

Descent  and  Distribution. — First  to  wife  or  husband  and  one  child,  one- 
half  each  ;  2d,  to  wife  or  husband  and  more  than  one  child,  one-third  to  wife 
or  husband,  two-thirds  to  the  children  ;  ;}d,  to  father  ;  4th,  to  mother;  5th, 
to  brothers  and  sisters  share  and  share  alike  ;  Gth,  ascending  and  descending 
follows  common  law. 

Depositions. — Dei^ositions  of  a  witness  out  of  the  territory,  may  l)e  taken 
at  any  time  after  service  of  summons  or  appearance  of  defendant,  by  giving 
adverse  party  or  his  attorney  five  days'  previous  notice,  accompanied  with  a 
copy  of  interrogatories,  and  suing  out  of  the  clerk's  office  a  commission  under 

i>eal,  to  be  directed  to  any commission,  or  to  any  judge,  justice  of  the 

l)eace,  clerk  of  a  court  of  record,  or  notary  public  of  the  city  or  county  where 
the  witness  resides,  authorizing  and  requiring  him  to  cause  such  witness  to 
come  before  him  at  such  time  and  place  as  he  may  designate  andappoint, 
and  faithfully  to  take  his  or  her  deposition  upon  all  such  interrogations  as 
may  be  inclosed  or  attached  to  such  commission,  both  on  the  part  of  the 
jjlaintiff  and  defendant,  and  to  certify  the  same  when  taken,  together  with 
the  said  commission  and  interrogations,  into  the  court  in  which  such  cause 
may  be  pending,  with  the  least  possible  delay.  If  issued  to  any  country 
without  the  United  States,  it  may  be  directed  to  a  minister,  ambassador, 
consul,  vice-consul,  or  consular  agent  of  the  United  States,  in  such  country, 
or  to  a  i)erson  agreed  upon  by  the  parties. 

[For  sufficient  legal  forms  of  caption  and  (certificate,  see  forms  of  Arkan- 
sas, published  in  this  work.] 

Divorce. — Grranted  for  liabitual  drunkenness,  extreme  cruelty,  a])sence 
from  territory  for  more  than  one  year,  wilful  desertion  witliout  intention  of 
returning,  without  any  reasonable  cause. 


512  MONTANA  TERRITORY. 

If  either  party  at  time  of  marriage,  was  and  continued  to  be  impotent  nat- 
urally ;  if  ^e  or  she  had  a  wife  or  husband  living  at  the  time  of  such  mai'i'i- 
age  ;  if  either  party  has  committed,  subsequent  to  marriage,  and  that  party 
sueing  has  not  cohabited  together  after  knowledge  of  the  adultery  of  the 
other  ;  wilful  desertion  and  departure  from  territory  without  intention  of  re- 
turning ;  conviction  of  felony  or  other  infamous  crime,  provided  parties  have 
not  lived  and  cohabited  together  after  conviction.  District  court  has  juris- 
diction and  may  award  alimony,  may  provide  for  care  and  custody  of  chil- 
dren. Children's  legitimacy  not  affected.  Poor  women  may  sue  without 
costs. 

Dower. — As  at  common  law. 

Executions. — May  issue  to  any  sheriff  in  the  territory,  and,  at  the  same 
time,  to  different  counties,  and  are  made  returnable  in  not  less  than  ten  nor 
more  than  sixty  days.  Personal  property  is  levied  on  first ;  but  if  it  is  not 
sufficient  to  pay  debt,  then  upon  real  property.  Sale  of  the  former  after  judg- 
ment is  made  by  giving  not  less  than  five  nor  more  than  ten  days'  notice  ;  of 
the  latter,  by  giving  twenty  days'  notice.  There  is  no  stay  law.  (Code  of 
Civil  Procedure,  title  viii,  chap.  1,  §  301,  et  serj.)     See  Stay  of  Execution. 

Executors. — Same  power  as  usual  in  the  several  states. 

Exemptions. — Homestead,  not  exceeding  160  acres,  in  country ;  quarter 
of  an  acre,  if  within  a  town  plat,  city  or  village  ;  and  in  each  case  limited  to 
$2,500.  Usual  personal  schedule,  and  to  farmer,  implements,  stock,  seeds, 
etc.,  $800;  tools,  teams  and  libraries  of  mechanics,  business  and  professional 
men  ;  dwelling  of  miner,  $500 ;  his  tools  and  machinery,  $500  ;  wages  of 
laborer  for  thirty  days  preceding  the  levy,  where  necessary  for  the  support 
of  the  family,  are  also  exempt.  Only  married  persons  or  the  heads  of  fami- 
lies can  claim  the  exemption  of  homestead. 

The  foregoing  is  a  correct  digest  of  the  exemption  laws  prior  to  the  act  of 
March  10,  1887,  which  amends  sec.  319,  of  the  chapter  concerning  exemp- 
tions, which  reads  as  follows  :  "  See.  310 — The  exemption  contained  in  this 
chapter  shall  only  apply  to  married  men  or  the  head  of  a  family,  and  none  of 
the  personal  property  herein  mentioned  shall  be  exempt  from  attachment  or  exe- 
cution for  the  wages  of  any  clerk,  mechanic,  laborer  or  servant.''''  This  indi- 
rectly repeals  all  exemptions  in  favor  of  single  persons  ;  though  evidently  an 
oversight,  such  is  the  result. 

Factors. — No  special  statute. 

False  Pretence. — Punished  by  fine  and  imprisonment. 

Fraud,  Statutes  of. — Same  as  in  other  states. 

Garnishment. — Debts  due  defendant  in  attachment,  may  be  garnisheed. 

Grace. — Thiee  days  on  true  bills  of  exchange  and  promissory  notes. 

Homestead. — Exempt  from  execution  :  consists  of  100  acres  agricultural 
lands  and  improvements  ;  or  one  fourth  of  an  acre  if  in  town  or  village,  with 
improvements  ;  not  to  exceed  in  value  $3,500. 

Insolvent  Laws.— None. 

Interest. — Parties  may  stipulate  for  any  rate  of  interest.  When  no  con- 
tract is  made  as  to  interest,  the  legal  rate,  ten  per  cent,  per  annum,  governs 
after  debt  is  due.  There  is  no  usury  law.  (Cod.  Stat.,  title  bills  of  exchange 
and  i)romissory  notes.) 


MONTANA  TERKITORY.  5i;i 

Judgments. — Arc  a  lien  from  time  of  docketing,  oil  all  real  property  of 
debtor.  \\  ithiu  the  county,  and  on  all  which  may  be  afterward  accjuired  by 
him,  lien  expiring  in  six  years.  A  certified  transiiript  filed  with  the  recorder 
of  another  county,  extends  the  lien  to  such  county. 

Justices  of  the  Peace.— Jurisdiction  $300. 

Landlord  and  Tenant. — Tenant  holding  over  after  expiration  of  term,  or 
f;»iling  to  pay  rent  when  due  for  three  days,  landlord  may  sue  before  justice 
of  the  peace  and  recover  possession.  No  distraint  for  rent.  General  princi- 
ples otherwise  apply. 

Leases. — For  more  than  one  year  must  be  in  writing. 

License. — Almost  all  branches  of  business  and  professions  must  pay 
license.     Generally  speaking,  all  but  mechanics  and  laborers. 

Limitations  of  Suits.— Upon  contract  or  account  not  in  writing,  three 
years  ;  contracts,  obligations  or  instruments  in  writing,  judgments  and  de- 
crees of  any  court,  six  years.  Revivor  :  Part  payment,  acknowledgment  or 
promise  in  writing. 

Limited  Partnerships. — Provided  for  by  statute  as  generally  understood. 

Agreement  to  form  must  be  recorded. 

Mechanics  Liens. — 3Iust  l)e  sworn  to  and  recorded  within  three  months 
after  completion  of  work  or  furnishing  material,  and  foreclosed  within  a  year. 

Married  Women. — Can  conduct  business  separate  and  apart  from  their 
husbands,  with  their  separate  property,  by  filing  a  declaration  of  their  inten- 
tion so  to  do.  Their  separate  projjerty  is  exempt  from  all  debts  and  liabil- 
ties  of  their  husband,  unless  for  necessary  expenses  of  her  family  and  chil- 
dren, but  a  list  of  such  separate  property  must  be  filed  in  the  office  of  the 
recorder  of  the  county. 

Minors. — No  special  statutory  provisions,  except  as  to  age.  Woman's 
majority,  eighteen  years  ;  man's  twenty-one  years.  Under  same  disabilities 
as  elsewhere. 

Oaths  and  Affidavits. — No  particular  form.  Taken  before  any  oflScer  by 
law  authorized  to  administer. 

Partnerships. — Same  law  applies  as  in  other  states  where  no  special 
statutes. 

Promissory  Notes. — {See  Bills  of  Exchange.) 

Practice. — Code  practice. 

Recording. — Deeds  and  mortgages  must  be  recorded  to  charge  third  par- 
ties with  notice.  Instruments  to  be  recorded  must  be  properly  acknowledged. 

Redemption. — Of  real  property  from  tax  sale  within  one  year.  Of  same 
after  sale  on  execution,  six  months.  Redemptioner  must  pay  amount, 
costs,  and  two  per  cent,  per  month  on  same. 

Replevin. — Action  of  claim  and  delivery  substicutcd  in  this  territory  sim- 
ilar to  all  actions  of  replevin.    Proceedings  similar. 

Revenue. — Derived  by  taxation,  territorial  tax,  county  tax,  and  city  tax. 


514  MONTANA  TERRITORY. 

Bevision. — There  has  been  no  revision  of  our  laws  since  the  revision  of 
1879,  made  under  authority  of  Leg.  Assmbly,  by  H.  R.  Comly,  and  known 
as  the  revised  statutes. 

Revivor. — A  judgment  may  be  revived  after  six  years  on  motion,  after  due 
notice  to  judgment  debtor. 

Seal. — Is  unnecessary  to  any  instrument.  This  does  not  inckide  official 
seals  such  as  notary  public  and  the  like. 

Security  for  Costs  and  other  Undertakings. — Security  may  be  required 
of  non-resident  i^laintitts,  or  insolvent  plaintitfs.  Paupers  may  sue  without 
costs  by  making  proper  affidavit  of  poverty  and  facts  showing  good  cause  of 
action. 

Supplementary  Proceedings. — Judgment  debtor  may  be  examined  under 
oath  after  execution  returned  unsatisfied  before  judge  of  the  court  in  which 
judgment  is  docketed  or  before  a  probate  judge. 

Stay  of  Executions. — There  is  no  statutory  enactment  on  the  subject,  but 
courts  in  which  actions  are  tried  have  discretionary  power  to  grant  a  stay  of 
execution  for  a  reasonable  time.  When  an  appeal  is  perfected  it  stays 
execution. 

Taxes. — Are  levied  on  almost  all  descriptions  of  property;  are  a  lien  on  rea 
estate,  and  i^ersonal  property  may  be  seized  and  sold  for  same. 

Trust  Deeds. — "All  deeds  of  gift,  all  conveyances  and  transfers,  or  as- 
signments, verbal  or  written,  of  goods,  chattels,  or  things  in  action,  made  in 
trust  for  the  use  of  the  person  making  the  same,  shall  be  void  as  against  the 
creditors,  existing  or  subsequent,  of  such  person."  General  principles  apply 
here  as  elsewhere. 

Usury. — No  usury  laws. 

Wages. — There  is  no  exemption  of  property  from  claim  of  hired  servant  of 
any  kind. 

Wills. — Must  be  probated.  General  laws  as  in  other  states  about  the  same. 

Witnesses. — Same  rules  apply  as  are  in  force  generally  in  the  United 
States. 


MONTANA  TERRITORY 


515 


ATTORNEYS  IN   MONTANA  TERRITORY. 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  population. 
Figures  after  names,  when  admitted  to  the  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (J)  our  Compiler  of  Laws. 
A  dagger  (tj  former  recommendation  withdrawn. 


PLACE.  COUNTY. 

Billings  Yellowstone 

Bozeman  Gallatin 

Butte  City  Silver  Bow 
Deer  Lodge  City      Deer  Lodge 

Dillon  Beaver  Head 

Ft.  Benton  Choteau 

Helena  Lewis  and  Clark 

Lewistown  Fergus 

Livingston  Gallatin 

Miles  City  Custer 

Missoula  Missoula 

Radersburgh  Jefferson 

Virginia  City  ]\[adisou 
White  Sulphur  Springs.  Meagher 


NAMES    OP   ATTOKNEYS.     POPULA  N 


E.  M.  ILxrdwood. 
Frank  Armstrong. 
Samuel  Word. 
J.  C.  Robinson. 
Thos.  J.  Galbraith. 
]\r.  J.  Learning. 
t  H.  R.  Comly. 
S.  W.  Darling. 
Savage  &  Elder. 
W.  A.  Burleigh. 
S.  G.  Murray. 
W.  H.  Parker. 
E.  J.  Conger. 
Smith  &  Maddox. 


1,200 

1,800 

10,000 

1.000 

1,100 

1,600 

8,000 

150 

1,800 

3,000 

1,505 

210 

900 

500 


BANKS  IN    MONTANA  TERRITORY. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  of  one 
bank  in  each  county  of  this  territory  in  which  such  a  banking  institution  is  located. 


Billings 
Bozeman 
Butte 

Deer  Lodge 
Dillon 
Fort  Benton 
■Glendale 
Great  Falls 
Helena 
Miles  City 
Missoula 
Yirginia  City 
White  SulSp'.i 


NAME   OF   BANK. 

First  National  Bank 
Gallatin  Valley  Nat  Bank 
Fir.st  Nationaf  Bank 
Clark  &  Larabie 
First  National  Bank 

((  a  a 

N  Armstrong  &  Co 
First  National  Bank 


Missoula  National  Bank 
Hall  Harrington  &  Co 
sBank  of  Meagher  Countv 


PAID  UP 

CASHIER. 

CAPITAL. 

H.  H.  Mund. 

$  75,000 

J.  E.  Martin. 

100,000 

Joseph  A.  Hyde. 

100,000 

100,000 

B.  F.  White. 

50,000 

100,000 

50,000 

L.  G.  Phelps. 

50.000 

E.  W.  Knight. 

500,000 

H.  F.  Batchelor. 

50,000 

Fertl.  Kennett. 

100.000 

50.000 

(Potter  Moe&  Co.). 

f55,00O 

STATE  OF 

NEBRASKA. 

SUMMARY   OF 

Collection    Laws. 

Court  Calendar,  Instructions  for  taking  Depositions,  Legal,  P'orms,  Etc, 

Expressly  Prepared  anb  Revised  to  Nov.  1st,  1887,  for  "Showers' 

Legal  Directory  and  Merchants'  Guide,"  for  1888,  by 

Hamilton  &  Trevitt,  of  the  Lincoln  Bar. 

Acknowledgments. — May  be  made  •within  the  state  before  judges,  clerks 
of  court,  county  clerks  (included  by  act  of  March,  1888,  which  act  also 
legalized  all  acknowledgments  taken  theretofore  by  county  clerks  and  their 
deputies  in  legal  form),  justices  of  the  peace  and  notaries  public.  Elsewhere 
within  the  United  States,  before  a  commissioner  apjiointed  by  the  governor 
of  this  state  for  that  purpose,  or  before  any  officer  appointed  according  to 
the  laws  of  the  state  or  territory  wherein  the  deed  or  other  instrument  in 
writing  is  executed  and  acknowledged.  Deeds  executed  in  foreign  countries 
may  be  made  according  to  the  laws  thei'eof,  and  acknowledged  before  any 
notary  public  or  ministerial  officer,  commercial  agent  or  consul  appointed  ta 
reside  there. 

When  acknowledged  out  of  the  state,  before  an  officer  using  an  official 
seal,  the  instrument  shall  be  entitled  to  be  recorded  without  further  authen- 
tication. In  all  other  cases  the  instrument  shall  have  attached  thereto  a 
certificate  from  the  clerk  of  a  court  of  record  or  other  proper  certifying  offi- 
cer of  the  county,  district  or  state  within  which  the  acknowledgment  was 
taken,  under  seal  of  his  office,  showing  that  person  vhose  name  is  signed  to* 
the  certificate  of  acknowledgment,  was  at  the  date  thereof  such  officer  as 
he  is  therein  represented  to  be  ;  that  he  is  well  acquainted  with  liandwriting 
of  such  officer  ;  that  he  believes  said  signature  to  be  genuine  ;  and  that  the 
instrument  is  executed  and  acknowledged  according  to  the  laws  of  such  state,, 
district  or  territory. 

Form  of  Acknowledgment. 

Statp:  op  Nebraska,  ) 
County  of .  \^  ' 

On  this day  of A.  D.  18 — ,  before  me ,  a  {title  of  officer),  duly 

and  (lualified  for  and  residing  in  said  county,  personally  came ,  ta 

me  known  to  be  the  identical  person —  described  in  and  who  executed  the 
foregoing  conveyance  as  grantor — ,  and  acknowledged  the  said  instrument 
to  be voluntary  act  and  deed. 

Witness  my  hand  and the  day  and  year  last  above  written. 

{Signature.) 

Actions. ^ — There  exists  no  distinction  between  actions  at  law  and  suits  in 
c'<iuity,  and  but  one  form  of  action,  called  a  civil  action.  Every  action  must 
be  prose-cut ed  in  name  of  real  party  in  interest,  except  that  executors,  etc., 

[Neb.  1.1 


NEBRASKA.  517 

or  person  in  whose  name  a  contract  is  made  for  benefit  of  another  or  person 
authorized  by  statute  may  bring  an  action  without  joining  person  for  wliose 
benefit  it  is  prosecuted.  Assignee  of  chose  in  actiou  may  maintain  an  action 
in  his  own  name. 

A  civil  action  is  commenced  by  filing  with  clerk  of  court  a  i)etition  and 
causing  summons  to  be  issued  thereon.  Actions  for  recovery  of  real  estat'' 
or  an  interest  therein,  or  for  partition  of  same  or  for  sale  of  same,  under  mort- 
gage or  other  lien,  must  be  brought  in  county  where  subject  of  action  is  situ- 
ated. An  action  against  non-resident,  other  tlian  above  mentioned,  may  be 
brought  in  any  county  in  which  may  be  found  property  of  or  debts  owing  to 
said  defendant,  or  where  he  may  be  found.  Other  actions  may  be  brought 
in  county  in  which  defendant  or  some  of  defendants  reside  or  may  be  sum- 
moned. 

The  code  is  veiy  similar  to  that  of  Ohio.  A  non-resident  person  or  cor- 
poration having  any  interest  in  land,  may  appoint  an  agent  resident  therein 
by  instrument  acknowledged  as  a  deed,  filed  with  county  clerk  in  the  county 
where  the  land  lies.  Service  in  such  case  is  made  upon  the  agent,  as  in  other 
cases  of  residents,  and  any  publication  of  service  against  such  uou-resident 
owner  is  invalid. 

Administration. —  Of  Estates  of  Deceased  Persons. — Is  granted.  1st.  To 
willow  or  next  of  kin,  or  both,  or  to  such  person  as  they  may  request  to  be 
appointed.  2nd.  If  parties  mentioned  neglect  for  thirty  days  to  apply  for 
same,  their  administration  granted  to  one  or  more  of  principal  creditors,  if 
competent  and  willing  to  act.  3rd.  If  no  creditor  be  competent  or  willing 
to  act,  administiation  granted  to  such  i)erson  or  persons  as  judge  of  probate 
may  think  proper. 

If  on  the  return  of  inventory  of  any  estate  it  appears  saleable,  estate  does 
not  exceed  in  value  $150,  the  whole  may  be  assigned  to  widow  and  children 
after  paying  funeral  charges  and  costs.  If  the  personal  estate  amounts  to 
more  than  $150,  the  same  is  applied  to  payment  of  debts,  etc.,  and  residue 
distributed  to  heirs. 

The  probate  court  is  required  to  allow  a  suitable  time  for  creditors  to  pre- 
.sent  their  claims  for  examination  and  allowance,  which  time  shall  not  be  less 
than  six  months  nor  exceed  eighteen  months. 

AflB.davit. — An  affidavit  may  be  used  to  verify  a'pleading  ;  to  prove  the 
service  of  a  summons,  notice  or  other  process,  in  an  action;  to  obtain  a  pro- 
visional remedy;  an  examination  of  a  witness;  a  stay  of  proceedings,  or  upon 
a  motion,  and  may  be  made  in  and  out  of  this  state  before  any  person  author- 
ized to  take  depositions  and  must  be  authenticated  in  the  same  way. 

Aliens. — Persons  of  foreign  birth,  who  shall  have  declared  their  intention 
to  become  citizens  conformably  to  laws  of  the  United  States  on  subject  of 
naturalization,  at  least  thirty  days  prior  to  an  election  are  qualified  electors. 
No  non-resident  alien  can  hereafter  acquire  or  hold  any  real  estate  or  interest 
therein  by  purchase,  devise  or  descent.     (Laws,  1887.) 

Appeals  and  Error. — Appeal  lies  from  justice  of  peace  to  district  court 
in  all  cases,  except  where  neither  party  demands  a  greater  sum  than  $20  and 
case  was  tried  by  jury.  In  all  matters  of  probate  from  county  court  to  dis- 
trict court.  In  equitable  actions  from  district  court  to  supreme  court.  A 
judgment  rendered  or  final  order  made  by  a  probate  court,  justice  of  the 
peace  or  any  other  tribunal,  board  or  officer  exercising  judicial  functions  and 
inferior  in  jurisdiction  to  district  court,  may  be  reversed,  vacated  or  modi- 
fied by  district  court,  and  a  judgment  rendered  or  final  order  made  by  the 
district  court  may  be  reversed,  vacated  or  modified  by  the  supreme  court,  for 
errors  appearing  on  the  record. 

Arrest.— (*S^e  Attachment.) 

INeb,  2.] 


518  NEBRASKA. 

Assignments  and  Insolvency. — There  is  no  insolvent  law.  Assignments 
for  benefit  of  creditors  are  regulated  by  act  of  February  26,  I880.  Full 
authority  and  jurisdiction  is  conferred  on  county  courts  to  execute  and  carry 
out  the  provisions  of  tlie  act.  Sheriff  of  county  where  assignor  resides  to  be 
first  assignee.  Assignment  to  be  filed  with  county  clerk  for  record  within 
twenty- four  hours  after  its  execution,  and  within  thirty  days  after  its  execu- 
tion the  assignment  must  be  filed  for  record  in  every  other  county  in  which 
there  shall  be  real  estate  situate,  therein  conveyed.  Sherift",  as  assignee,  to 
be  responsible  on  his  official  bond.  Within  ten  days  after  such  assignment, 
assignor  shall  file  with  county  judge  a  sworn  inventory,  showing  names  and 
residences  of  all  creditors;  amount  and  nature  of  each  debt  or  liability,  and 
how  arising;  the  true  consideration  of  each  debt,  and  where  it  arose ;  every 
mortgage,  judgment,  or  other  security  for  the  payment  of  any  such  debt  or 
liability ;  all  property  exempt  by  law  from  execution,  and  all  other  property 
of  every  kind  and  nature,  and  its  value.  County  judge  to  fix  a  day,  not 
more  than  fifteen  days  after  receiving  such  inventory,  for  meeting  of  credi- 
tors, at  his  office,  to  choose  assignee  to  succeed  sheriff.  Each  creditor  to  be 
informed  of  such  meeting  by  notice  addressed  to  his  place  of  residence. 
Assignee  thus  chosen  must  have  received  votes  of  creditors  representing  a 
majority  of  the  gross  indebtedness,  and  the  votes  of  not  less  than  one-third 
of  all  the  creditors.  Sheriff  shall  be  eligible.  Assignee  thus  elected  imme- 
diately to  make  out  inventory  and  appraisement  of  entire  estate  assigned. 
On  the  day  of  meeting  of  creditors,  county  judge  to  fix  a  day,  not  less  than 
thirty  nor  more  than  sixty  days  thereafter,  within  which  claims  must  be 
filed  against  estate.  All  creditors  to  be  notified  of  the  day  so  fixed.  Claims 
not  so  filed  to  be  barred  from  any  dividend  or  interest  in  estate.  Assignee 
to  report  first  of  every  month.  Within  three  months  after  date  of  inventory, 
court  to  order  distribution  of  all  funds  in  hands  of  assignee.  If  no  assignee 
elected,  sheriff  to  continue  as,  and  discharge  the  duties  of,  assignee. 

Attachments — Attachment  process  will  issue  when  defendant  is  non- 
resident or  a  foreign  corporation,  when  the  claim  is  on  debt  or  demand  aris- 
ing on  contract,  judgment  or  decree ;  and  in  other  cases  when  he  is  about  to 
remove,  assign  or  dispose  of  property,  has  absconded,  etc.  In  all  cases  of 
attachment  an  affidavit  must  be  filed  before  the  order  of  attachment  issues, 
and  a  bond  must  be  filed  in  double  the  amount  of  the  debt,  excepting  when 
the  debtor  is  a  non-resident  of  the  state.  The  body  of  the  debtor  may  be 
attached  for  fraudulently  concealing  or  removing  his  property,  or  when  he 
has  fraudulently  contracted  the  debt  or  incurred  the  obligation  for  which 
suit  is  brought.  Garnishee  process  may  be  had  either  in  aid  of  attachment 
or  execution. 

Form  of  Affidavit  and  Undertaking  in  Attachment. 

State  of  Nebraska,  ^  plaintiff, 

>  ss.                                                               vs. 
County  op .        )  defendant. 

In  the  district  court  of  the judicial  district  of  Nebraska,  held  within 

and  for  the  county  of . 

The  said ,  plaintiff,  being  first  duly  sworn,  on  his  oath  says  that  the 

said ,  plaintiff",  has  commenced   an   action   in  the   above   named   court 

against  the  said ,  defendant,  to  recover  of  the  said  defendant  the  sum  of 

dollars,  now  due  and  payable  to  the  said  plaintiff  from  the  said  defend- 
ant on ,  that  said  plaintiff's  claim  is  just ;  that  affiant  believes  the  said 

plaintiff"  ought  to  recover  of  and  from  the  said  defendant  the  sum  of 

dollars.     And  affiant  further  saith  that  the  said  defendant and  further 

affiant  saith  not. 

Subscribed  in  my  presence  and  sworn  to  before  me,  this day  of , 

A.  D.  18—.  ,  Clerk. 

[Neb.  3.1 


Lss. 


NEBRASKA.  519 

State  ok  Nebraska, 
County  of . 

Whereas, ,  has  ooiumenccd  a  civil  action  against ,  in  the  district 

court  of  the judicial   district   of  Nebraska,    held   within   and   for  the 

county  of  ,  to  recover  of  the  said  ,  the   sum  of  dollars,  and 

whereas  the  said has  applied  to  the  clerk  of  said  court,  by  filing  the 

necessary  affidavit  for  an  order  of  attachment,  to  be  issued  in  the  said  action 

against  the  said . 

Now,  therefore,  ve and hereby  undertake  to  the  said in  the 

penal  sum  of dollars,  that  the  said shall  pay  to  the  said all 

♦lamages  which  the  said may  sustain  by  leason  of  said  attachment,  if 

the  order  should  have  been  wrongfully  obtained. 

Dated  this day  of ,  A.  D.  18—. 


T, ,  clerk  of  the  above  named  court,  do  hereby  approve  the  above 

undertaking,  and  the  sureties  thereto,  this day  of A.  D.  18 — . 

,  Clerk. 

Form  of  Order   if  Attarh)ae>it. 

^7^7™  ^^^«-^^V:  I  s...  District  court  of  county. 

County  op .       S 

,  plaintiff,       ')    The  State  of  Nebraska,  to  the  Sheriff  of  said  county, 

,  defendant,    )  Greeting-  : 


Whereas, has  filed  the  necessary  affidavit to  obtain  an  order  of 

attachment  against ,  in  an  action  wherein is  plaintiff — ,  and . 

defendant — ,  now  pending  in  the  district  court  of county,  to  recover  the 

sum  of dollars. 

Tlierefore  you  are  commanded  to  attach  the  lands,  tenements,  goods,  chat- 
tels, stocks  or  interest  in  stocks,  rights,  credits,  moneys,  and  effects  of  the 

<lefendant in  your  county  not  exempt  by  law  from  being  applied  to  the 

payment  of  the  plaintiff's claim,  or  so  much  thereof  as  will  satisfy  the 

]ilaintifi''s  clami  of dollars,  and dollars,  the  i)robable  cost  of  this 

action. 

You   will   make   due   return   of   this   order   on   tin;  ilay  of ,  A. 

D.  18—. 

Witness  my  hand  mid  the  seal  of  said  court  at this dav  of . 

A.  D.  18—. 

,  Clerk, 

By ,  Deputy. 

Banks  and  Banking. — Every  bank,  cori)oration,  firm,  or  person  engaged 
in  banking,  etc.,  general  brokerage  or  loaning  business,  leciuired  to  make 
report  annually,  in  December,  to  the  state  auditor,  of  their  condition, 
resources  and  liabilities. 

Chattel  Mortgages. — Are  valid  against  bona  fide  jiurchasers  and  creditors, 
if  the  instrument  or  a  true  copy  thereof  shall  be  filed  in  the  office  of  the 
county  clerk  of  the  county  where  the  mortgagor  resides,  or,  in  case  he  is  a 
non-resident,  in  the  county  where  the  i)roperty  is  situated.  A  bill  of  sale,  in 
the  nature  of  a  chattel  mortgage,  is  good  as  to  the  parties  to  it,  without  being 
filed  as  the  statute  directs.  The  mortgage  need  not  be  acknowledged.  The 
mortgage  ceases  to  be  valid  against  creditors,  purchasers,- or  mortgagees  in 
good  faith,  after  the  expiration  of  five  years  after  the  filing  thereof.  Every 
chattel  mortgage,  containing  power  of  sale  to  mortgagee,  may  be  foreclosed 
(Neb.  4.1 


520  NEBRASKA. 

by  sale  without  proceedings  in  court.  Sale  or  mortgage  of  chattels,  unless 
followed  by  an  artual  and  continued  change  of  possession,  is  prima  facie 
fraudulent  and  void  as  against  creditors  and  subsequent  bona  fide  purchas- 
ers. As  between  the  parties,  a  chattel  mortgage  need  not  be  in  writing.  A 
mortgage  of  goods  and  chattels,  with  possession  and  power  of  sale  in  the 
mortgagor,  is  void  against  the  creditors  of  such  mortgagor.  Thei'e  is  no 
time  specified  by  statute  within  which  chattel  mortgages  must  be  foreclosed. 
It  is  made  a  felony  for  a  mortgagor  of  chattels,  during  the  existence  of  a 
mortgage  lien,  to  sell  or  remove  the  property  out  of  the  jurisdiction  of  the 
district  court  of  the  county  where  the  property  was  when  mortgaged  without 
the  consent  of  mortgagee,  and  with  intent  to  deprive  him  of  his  security, 
with  penalty  of  imprisonment  in  the  penitentiary  not  exceeding  ten  years, 
and  fine  not  exceeding  one  thousand  dollars. 

Form  of  Chattel  Mortgage. 

Knou}  all  men  by  these  j)resents  :  That ,  of  the  county  of and  state 

of ,  in  consideration  of  the  sum  of dollars,  to  me  in  hand  paid  by 

•  of party  of  the  second  part,  the  receipt  whereof  is  hereby  acknow- 
ledged, have  bargained  and  sold,  and  by  these  presents  do  grant  and  convey 
unto  the  said  party  of  the  second  part,  his  heirs  and  assigns,  etc.,  the  fol- 
lowing goods,  chattels,  and  property,  to-yit : . 

The  above  described  chattels  are  now  in  my  possession,  are  owned  by  me, 
and  free  from  all  incumbrances  in  all  respects ; 

To  have  and  to  hold  the  same  forever;  and  I,  the  s^id  party  of  the  first 
part,  will  forever  warrant  and  defend  the  same  against  all  persons  whomso- 
ever ;  upon  condition,    however,   that  if  the  said shall  pay  to  the  said 

,  his  heirs,  assigns,  etc.,  his  promissory  note  dated  and  de- 
scribed as  follows,  to-wit:     One  for dollars,  payable 18 —  ;  one  for 

dollars,  payable  18 —  ;  one  for dollars,  payable 18 — ;  and 

one  for dollars,  payable 18 — ,  with  interest  at  the  rate  of •  per 

cent,  per  annum,  from ,  according  to  the  tenor  thereof,  then  these  pres- 
ents to  be  void,  otherwise  in  full  force. 

And  I,  the  said ,  do  hereby  covenant  and  agree  to  and  with  the  said 

,  that  in  case  of  default  made  in  the  payment  of  the  above  mentioned 

promissory  note ,  or  in  case  of  my  attempting  to  dispose  of  or  remove 

from  said  county   of  ,  the   aforesaid  goods  and  chattels,  or  any  part 

thereof,  or  if  at  any  time  the  said  mortgagee,  or  his  assigns,  should  feel 
unsafe  or  insecure,  then,  and  in  that  case,  it  shall  be  lawful  for  the  said 
mortgagee,  or  his  assigns,  by  himself  or  agent,  to  take  immediate  possession 
of  said  goods  and  chattels  wherever  found,  the  possession  of  these  presents 
being  his  sufficient  authority  therefor,  and  to  sell  the  same  at  public  auction, 
or  so  much  thereof  as  shall  be  sufficient  to  pay  the  amount  due  or  to  become 
due,  as  the  case  may  be,  with  all  reasonable  costs  pertaining  to  the  taking, 
keeping,  advertising,  and  selling  of  said  property,  together  with  the  sum  of 

$ •,  as  liquidated  damages  for  non-fulfillment  of  contract.     The  money 

remaining,  after  paying  said  sums,  if  any,  to  be  paid  on  demand  to  the  said 
party  of  the  first  part. 

Said  sale  to  take  place ,  in  the  county  of and  state  of ,  after 

giving  at  least  twenty  days'  notice  of  such  sale,  by  advertisement  published 
in  some  newspaper  printed  in  the  county  in  which  such  sale  is  to  take  place  ; 
or  in  case  no  newspajiers  are  printed  therein,  by  posting  up  notices  in  at 
least  five  public  places  in  said  county,  two  of  which  shall  be  in  the  iirecinct 
where  the  mortgaged  property  is  to  be  offered  for  sale. 
Witness  my  hand  and  seal  this day  of ,  18 — , 

Witness  : 
•) 

*i  .       [SEAL.] 

(The  instrument  must  be  acknowledged  and  recorded  same  as  a  deed, 
tmless  the  mortgagee  take  possession  of  the  mortgaged  chattels. ) 

[Neb.  5.] 


NEBRASKA.  521 

Claims  against  Decedents'  Estates.— (&e  Administration.) 

Conditional  Sales  of  Personal  Property. — All  sales,  contracts  or  leases 
of  personal  proi)erty  on  coniUtlon  are  void  against  purchasers  and  judgment 
creditors  of  vendee  or  lessee,  unless  in  writing,  signed  by  vendee,  and  copy 
filed  in  the  office  of  county  clerk,  which  copy  shall  have  vendor's  affidavit  of 
name  of  vendee,  description  of  property  and  true  interest  of  vendor  or  lessor 
therein.  Such  contracts  cease  to  be  valid  in  five  years,  unless  re-filed  thirty 
days  before  expiration  thereof.     This  does  uot  ai)ply  to  chattel  mortgages. 

Corporations. — Any  number  of  persons  may  be  associated  and  incorpora- 
ted for  the  transaction  of  any  lawful  business,  including  the  construction  of 
-canals,  railways,  bridges,  and  other  works  of  internal  improvement.  Every 
corporation  as  such,  has  power :  1st.  To  have  succession  by  its  corporate 
same.  2nd.  To  sue  and  be  sued,  to  complain  and  defend  in  courts  of  law 
and  e(iuity.  3rd.  To  make  and  use  a  common  seal,  and  alter  the  same  at 
pleasvire.  4th.  To  hold  personal  estate,  and  all  such  real  estate  as  may  ba 
necessary  for  the  legitimate  business  of  the  corj^oration.  5th.  To  render  the 
interest  of  the  stockholders  transferable.  6th.  To  appoint  such  subordinate 
officers  and  agents  as  the  business  of  the  corporation  shall  require,  and  to 
allow  them  a  suitable  compensation  therefor.  7th.  To  make  by-laws,  not 
hiconsistent  with  any  existing  law,  for  the  management  of  its  affairs. 

Must  adopt  articles  of  incorporation  and  file  same  with  county  clerk.  In- 
debtedness not  to  exceed  two-thirds  of  capital  stock.  Must  publish  annually 
notice  of  indebtedness.  Can  convey  lands  under  seal  of  corporation  and 
signed  by  presiding  officer  of  board  of  directors.  Foreign  insurance  com- 
panies before  transacting  business  in  the  state  must  first  procure  certificate 
from  state  auditor.  Corporations  not  incorporated  under  laws  of  the  state 
can  not  acquire  or  hold  real  estate.     (Laws,  1887.) 

Costs. — Security  for  costs  required  when  plaintiff  is  a  non-resident  of  the 
Tounty  wherein  action  is  brought,  or  when  a  company  sues  in  its  partnership 
lame. 

Courts. — Terms  and  Jurisdiction  : 

District  Courts  have  original  jurisdiction  in  all  matters  exceeding  $300, 
and  concurrent  jurisdiction  with  county  courts  where  the  debt  is  over  $200 
and  not  exceeding  $1000. 

County  C<?«7-<«  have  regular  terms.  County  court  begins  on  the  first  Monday 
of  each  calendar  month,  lasting  to  the  third  Monday,  when  all  causes  not 
disposed  of  go  over  to  the  next  regular  term.  County  courts  are  courts  of 
record,  and  given  a  civil  jurisdiction  up  to  $1,000  (so  increased  by  act  of 
February  26,  1883).  County  courts  have  also  jurisdiction  of  a  justice  of 
the  peace,  and  have  full  probate  powers. 

Justices  of  the  Peace  are  given  a  iurisdiction  up  to  $200.  , 

Court  Calendar.— 

I'NITED  STATES  CIRCUIT  COURT. 

.Tmtice. — Samuel  F.  Miller,  Iowa ;  CHrcuit  Judge,  D.  J.  Brewer,  Leavenworth, 
Kansa.s;  District  Judge,  Khner  S.  Dundv,  Omaha;  Clerk  Circuit  Court,  Elmer  D. 
Frank  ;  Clerk  Disti-ict  Court,  K.  S.  IJundy,  .Jr. 

Terms.~lst  Monday  .January  at  Lincolu,  1st  Monday  May,  2d  Mondaj'  November 
at  Omaha. 

United  States  District  Courts  same  as  above,  with  monthly  adjournments. 

SUPREME  COURT  OF  NEBRASKA. 

diief  Ju.ttice,  Samuel  Maxwell,  Fremont;  Associate  Juslicex,  M.  B.  Reese,  Wahoo; 
Amasa  Cobb,  Lincoln ;  Clerk  and  Reporter,  Quy  A.  Brown,  Lincoln;  Deiniiij  Clerk, 
H.  H.  Wheeler,  Lincoln;  Bailiff,  H.  F.  Rose,  Lincoln. 

Court  meets  in  Lincoln  1st  Monday  January,  1st  Monday  July. 

INeb.  6.] 


522 


NEBRASKA. 


County.  County  Seat. 

Adams Gage 

Antelope  ....  Oakdale 

Blaine 

Brown 

Boone Boone 

Burt      Tekamah    .  .  . 

Butler Buffalo 

Buffalo Wheeler  .  .  .   . 

Box  Butte. .   .  .  Dawes 

(Jass Plattsmouth. .  . 

Chase Greeley 

Clay Clay  Centre. .  . 

Cedar yt.  Helena  .  .  . 

Cherry  

Cheyenne.     .  .  Sidney 

Colfax Schuyler  .   .   .   . 

Custer Custer 

Cuming West  Point..  .  . 

Ltawcs Dawes 

Dakota Dakota.l 

Dawson Richardson..  . 

Doughts    ....  Omaha 

Dodge Dodge 

Dixon    

Dundy  

Franklin  ,.   .  .Franklin 

Fillmore  ....  Geneva 

Frontier 

Furnas Beaver  City.  .  . 

Garfield Lincoln    .   .   .   . 

Gage Beatrice   .  .  .  . 

Gasper  

Greeley Holt 

Hayes Washington  .  . 

Hamilton.  .  .  .  Aurora 

Hall Grand  Island.  . 

Harlan Custer 

Howard St.  Paul 

Holt ONeil  City..  .   . 

Hitchcock  .  .   .  Culbertson. .  .  . 

Jefferson Custer 

Johnson  ....  Nemaha  .   .   .  . 

Kearney  ....  Buffalo 

Keith Ogallala  .  .   .  . 

Knox Niobrara 

Keya  Paha..  .     Holt 

Lancaster.  .   .   .  Lincoln 

Lincoln Lancaster..  .   . 

Logan Logan 

I.1OUP 

Madison  ....  Madison  .  .  .   . 

Merrick Merrick    .  .  .  , 

Nance Fullerton .  .  .  , 

Nemaha  .   .   .  .Nemaha 

Nuckolls  ....  Nelson 

Otoe Nebraska  City. 

Pawnee Pawnee , 

Platte  

Phelps  .  .  .  ,  .  Phelps 

Pierce Pierce    .... 

Polk Osceola  .... 

Red  Willow  .  .  Red  Willow  . 

.  Falls  (;ity. .  . 

.  Papillion.. .  .  , 
Wahoo, 


DISTRICT  COURTS. 

Dist.  When  held 

June  8th,  November  Itith. 

March  9th,  September  2Lst. 

Not  fixed. 

March  16th,  September  28tli. 

May  4th,  November  23d. 

April  19th,  September  27th. 

June  14th,  December  13th. 

April  19th,  December  13th. 

Not  fixed. 
2    April  20th,  September  28th,  November  30th, 

11  Not  fixed. 

5    May  1 1  th,  October  18th. 

7  P'ebruary  23d,  September  7th. 

12  March  23d,  October  8th. 

10  May  10th,  November  29th. 
4    April  26th,  November  1st. 

J  une  14th,  November  8th. 
March  22d,  October  12th. 
February  6th,  August  30th. 
March  2d,  September  14th. 
March  8th,  September  2uth. 
February  Ist,  May  17th,  September  20th. 
May  10th,  November  15th. 
April  13th,  November  9th. 
May  17th,  October  19th. 
June  9th,  December  27th. 
May  25th,  November  2d. 
jii    May  24th,  September  28th. 

11  March  16th,  November  3d. 
November  15th. 

February  1st,  May. 17th,  September  13thi 
May  31st,  October  7th. 
April  13th,  November  4th. 
May  19th,  October  18th. 
March  9th,  September  21st. 
February  23d,  September  7th. 
January  8th,  November  22d. 
March  23d,  October  5th. 
February  10th,  August  31st. 
May  20th,  October  20th. 
April  loth,  September  6th. 
April  12th,  November  15th. 

8  January  11th,  November  17th. 
10    March  22d,  October  4th. 

7    April  27th,  October  26th. 

12  October  4th. 

2    February  22d,  May  17th,  October  11th. 
10    March  29th,  October  11th. 
10    June  24th. 

9  April  26th. 

7    March  9th,  September  28th. 
4    March  29th,  October  11th. 

4  March  22d,  October  4th. 

1    March  29th,  November  1st. 

5  ""        '    " 


Richardson 

Sarpy 

Saunders..  . 

Saline Wilber  . 

Stanton    ....  Stanton  .  . 

Sheridan Garfield.  . 

Sherman  ....  Furnas. .  . 

Seward Seward... 

Sioux Sheridan  . 

Thayer York  .   .  . 

Valley Douglas   . 

Wayne Wayne  . . 

Washington  .  .  Blair  .  .  . 
Webster  ....  Dodge  .  . 
Wheeler  ....  Wheelerj . 
York York  .  .  . 


0  May  4th,  September  27th. 

2  March  30th,  September  14th,  November  16th^ 

1  May  3d,  December  16th. 

4  April  12th,  October  18th. 

8  March  2d,  November  15th. 
7  April  6th,  October  27th. 

6  March  30th,  October  19th. 

11  May  26th,  September  30th. 

1  March  8th,  June  14th,  October  11th. 

3  April  26th. 

4  May  24th,  November  29th. 

5  March  29th,  October  4th. 

7  April  19th,  November  16th. 

12  February  18th,  September  8th. 
10  April  r2th,  October  25th. 

6  April  5th,  November  8th. 
12  Not  fixed. 

5  April 20th,  September  14th. 

9  April  16th,  November  8th. 

7  April  fith,  November  3d. 

3  April  15th,  September  13th. 

8  June  2d,  December  7th. 

9  October  20th. 

6  April  27th,  November  .30th. 

[Neb.  7.1 


NEBRASKA.  623 

Curtesy. — Wlien  any  man  or  his  wife  shall  be  seized  in  her  right  of  any 
estate  of  inlu-iitanee  in  lands,  the  husband,  on  the  death  of  his  wife,  holds 
the  lands  fur  his  life,  as  tenant  thereof  by  eurtesy  ;  i>rovided,  that  if  the 
wife,  at  her  death,  shall  have  issue  by  any  former  luisband,  to  whom  the 
estate  might  deseend,  such  issue  takes  the  same,  discharged  from  the  right 
of  the  surviving  husband  to  hold  the  same  as  tenant  by  the  curtesy. 

Deeds. — Of  real  estate  or  any  interest  therein,  except  leases  for  one  year 
or  less  time,  must  be  signed  by  the  grantor,  being  of  lawful  age,  in  presence 
of  at  least  one  competent  witness,  who  shall  subsoibe  his  name  as  a  witness 
thereto  and  be  acknowledged  or  proved  and  recorded. — (Hee  Acknowledg- 
ments. ) 

Form  of  Warranty  Deed. 

Know  all  men  by  these  presents,  That ,  of  the  county  of and 

state  of ,  for  and  in  consideration  of  the  sum  of dollars,  in  hand 

paid,  do  hereby  grant,  bargain,  sell,  convey  and  conform  unto ,  of  the 

county  of  • and  state  of ,  the   following   described  real   estate, 

situated  in ,  in  ■  county  and  state  of ,  to-wit :    and 

do  hereby  covenant  with  the  said and ,  heirs  and  assigns, 

that lawfully  seized  of  said  premises  ;  that  they  are  free  from  incum- 
brance ;  that ha —  good  right  and  lawful  authority  to  soil  the  same  ; 

and •  do  hereby  covenant  to  warrant  and  defend  the  title  to  said  prem- 
ises against  the  lawful  claims  of  all  persons  whomsoever. 

And  the  said hereby  lelinquishes  all  in  and  to  the  above 

described  premises. 

Signed  this day  of ,  A.  D.  18 — .  (Signature.) 


In  presence  of 


Form  of  Quit    Claim  Deed. 


Know  all  men  by  these  presents,  That ,  of  the  county  of  and 

state  of ,  for  the  consideration  of  dollars,  hereby  quit  claim  to 

,  of  the  county  of ,  state  of ,  the  following  described  real 

estate,  situate  in ,  in  the  county  of ,  and  .state  of ,  to-wit: 

In  witness  whereof, have  set —  hand  this day  of ,  18 — . 

In  presence  of         }  (Signature.) 
.  ^  {Signature.) 

Descent. — When  any  person  dies  seized  of  any  lands,  tenements  or  heredi- 
taments, or  of  any  right  thereto,  or  entitled  to  any  interest  therein  in  fee 
simple,  or  for  the  life  of  another,  not  having  lawfully  devised  the  same,  they 
descend,  subject  to  his  del)ts,  in  the  manner  following  ;  1st.  In  eciual  shares 
to  his  children,  and  to  the  lawful  issue  of  any  deceased  child,  by  riglit  of 
representation  ;  and  if  there  be  no  child  of  the  intestate  living  at  liis  death, 
his  estate  descends  to  all  his  otlier  lim-al  descendants ;  and  if  all  the  said 
descendants  are  in  the  same  degree  of  kindred  to  the  intestate,  they  have  the 
estate  equally  ;  otherwise  they  take  according  to  the  right  of  representation. 
2nd.  If  he  have  no  issue,  his  estate  descends  to  his  widow  during  her  natural 
lifetime,  and,  after  her  decease,  to  his  father;  and  if  he  have  no  issue  nor 
widow,  his  estate  descends  to  his  father.  3rd.  If  he  have  no  issue,  nor 
widow,  nor  father,  his  estate  descends  in  equal  shares  to  his  brothers  and 
sisters,  and  to  the  children  of  any  deceased  brother  or  sister,  by  right  of 
representation  ;  provided,  that  if  he  have  a  mother  also,  she  takes  an  equal 
share  with  his  brothers  and  sisters.  4th.  If  the  intestate  leaves  no  issue, 
nor  widow,  nor  lather,  and  no  brother  nor  sister  living  at  his  death,  his 
estate  descends  to  his  mother,  to  the  exclusion  of  the  issue,  if  any,  of  tlie 
deceased  brother  and  sister.  5th.  If  the  intestate  leave  no  issue,  nor  v/idow, 
[Neb.  8.] 


524  NEBRASKA. 

and  no  father,  motlier,  brother,  nor  sister,  his  estate  descends  to  his  next  of 
kin,  in  equal  degree,  excepting  that  when  there  are  two  or  more  collateral 
kindred  in  equal  degree,  but  claiming  through  difierent  ancestors,  those  who 
■claim  throvigh  the  nearest  ancestor  shall  be  preferred  to  those  claiming 
through  an  ancestor  more  remote  ;  provided,  however,  6th.  If  any  person 
■dies  leaving  several  children,  or  leaving  one  child,  and  the  issue  of  one  or 
move  other  children,  and  any  such  surviving  child  dies  under  age,  and  not 
having  been  married,  all  the  estate  that  came  to  the  deceased  child,  by  in- 
heritance from  .-luch  deceased  parent,  descends  in  equal  shares,  to  the  other 
children  of  the  same  parent,  and  to  the  issue  of  any  such  otlier  children 
wlio  shall  have  died,  by  right  of  representation.  7th.  If,  at  the  death  of 
.such  child  who  shall  die  under  age,  and  not  having  bpen  married,  all  the 
other  children  of  his  said  parent  shall  also  be  dead,  and  any  of  them  shall 
have  left  issue,  the  estate  that  came  to  said  child,  by  inheritance  from  his 
said  parent,  descends  to  all  the  issvie  of  other  children  of  the  same  parent ; 
and  if  all  the  said  issue  are  in  the  same  degree  of  kindred  to  said  child,  they 
.share  the  said  estate  equally,  otherwise  tl  ey  take  according  to  the  right  of 
representation.  8th.  If  the  intestate  leaves  a  widow,  and  no  kindred,  his 
estate  descends  to  such  widow.  9th.  If  the  intestate  shall  "have  no  widow, 
nor  kindred,  his  estate  escheats  to  the  people  of  the  state. 

Depositions. — The  deposition  of  any  witness  may  be  used  only  in  the  fol- 
lowing cases:  1st.  When  the  witness  does  not  reside  in  the  county  where 
the  action  or  proceeding  is  pending,  or  is  sent  for  trial  by  change  of  venue, 
or  is  absent  therefrom.  2nd.  When  from  age,  infirmity,  or  imprisonment, 
the  witness  is  unable  to  attend  the  court,  or  is  dead.  3d.  When  the  testi- 
mony is  required  upon  a  motion,  or  in  any  other  case  whei'e  the  oral  exami- 
nation of  a  witness  is  not  required. 

Form  of  Notice  to  taJce  Depositions. 

State  of  Nebraska,  j>         In  the  district  court  of  the judicial  district 

County  of .        *i     '  of  Nebraska,  in  and  for county. 

,  plaintiff,  i 

vs.  >     Notice  to  take  depositions. 


-,  defendant. 


The  above  named will  take  notice,  that  on  the day  of 

,  18 — ,  the  said will  take  the  depositions  of ,  sundry  wit- 
nesses, to  be  used  as  evidence  on  the  trial  of  the  above  entitled  cause,  at 

,  in  the of county  of ■  and  state  of ,  between 

the  hours  of A.  M.  and ■  P.  M.  of  said  day,  and  the  taking  of 

said  depositions  will  be  adjourned  fi'om  day  to  day,  between  the  same  hours, 
until  they  are  completed. 

Received  copy  of  the  above  notice  ~i 

rthis day  of ,  A.  D.  18 — .  >      ,  Attorney —  for . 

,  Attorney —  for .      ) 

Form  of  Instructions  for  taking  Deposition$. 

CEO IX    WITH   THE    FOI.LOWIXG   CAPTION. 

"  Depositions  of  sundry  witnesses  taken  before  me,  (here  insert  the  name 
of  the  magistrate  and  his  official  character  as  a  justice  of  the  peace  or  notary 

public,  etc.,)  within  and  for  the  county  of ,  in  the  state  of ,  oil 

the day  of ,  in  tiie  year ,  between  the  hours  of A. 

]M.  and  P.  M.,   at ,  in  said  county,  pursuant   to   the   annexed 

notice  (or  agreement  as  the  case  may  be)  to  be  read  in  evidence  in  behalf  of 

the  (plaintiff  or  defendant  as  the  case  may  be)  in  an  action  pending  in 

(naming  the  court)  in  which plaintift'  and defendant." 

"A.  B,,  of  lawful  age,  being  by  me  first  duly  examined,  cautioned,  and 

[Neb.  9.] 


NEBRASKA.  525 

solemnly  sworu,  as  hereinafter  certified  (or  affirmed)  deposcth  and  sayetli  as 
follows,  viz.  :"  (here  write  the  deposition)  and  so  on  with  all  the  witnesses. 

The  deposition  may  be  taken  by  stating  the  faets  in  reply  to  questions  first 
written  down,  or  in  a  narrative  form. 

In  Nebraska  they  may  be  takon  before  a  judge  or  clerk  of  the  supreme  or 
district  court,  jirobatii  judge,  or  before  a  justice  of  the  i)eace,  notary  public, 
mayor,  or  chief  magistrate  of  any  city  or  town  corporate,  master,  commis- 
sioner, or  person  empowered  by  special  commission,  out  of  Nebraska,  by  a 
judge,  justice,  or  chancellor  of  any  court  of  record,  a  justice  of  the  peace, 
notary  public,  mayor,  or  chief  magistrate  of  any  city  or  town  corporate, 
commissioner  appointed  by  the  governor  of  Nebraska,  to  take  depositions, 
or  any  person  authorized  by  special  commission. 

If  there  are  adjournments,  they  should  be  noted  by  the  magistrate  or  other 
officer  taking  the  depositions,  from  day  to  day  at  the  close  of  the  day,  with 
the  reasons  therefor. 

Objectio/ts  should  be  entered  to  the  witnesses  supposed  to  be  interested, 
and  to  questions  supposed  to  be  illegal.  This  entry  is  made  on  behalf  of  the 
party  raising  the  objection,  simply  by  a  short  note  made  by  the  magistrate 
or  officer  taking  the  depositions. 

Each  witness  jnust  sign  his  own  deposition. 

The  notice  must  be  attached  to  the  depositions  and  enclosed  with  them. 

The  deposition  must  be  commenced  on  the  day  named,  and  some  portion 
of  a  deposition  taken  on  each  successive  day,  Sundays  excepted,  adjourn- 
ments being  from  Saturday  to  Monday,  Sundays  and  national  holidays  not 
being  regarded. 

"When  depositions  are  taken  under  an  agreement,  the  above  instructions 
will  be  followed,  except  where  they  are  modified  by  the  agreement.  In  such 
case  the  agreement  will  be  followed.  It  should  be  attached  to  deposition, 
if  sent,  and  referred  to  in  the  caption,  as  the  notice  is  when  taken  under  a 
notice. 

If  taken  by  interrogatories  and  cross-interrogatories,  under  agreement  or 
otherwise,  every  interrogatory  and  cross-interrogatory  must  be  put  to  each 
witness,  and  answered  as  far  as  he  can  answer  it,  and  the  answer  be  written 
down.  The  deposition  must  show  that  each  interrogatory  and  cross-interro- 
gatory was  thus  be  put  and  answered. 

The  fees  for  taking  the  depositions  should  be  taxed,  and  a  memorandum 
made  by  whom  they  were  paid.  Close  the  depositions  with  a  certificate  in 
the  form  following,  viz. : 

"I,  A.  B.  (naming  the  official  character  of  the  magistrate,  according  to  the 
fact)  do  hereby  certify  that  (naming  all  the  witnesses  who  have  testified) 
were  by  me  first  severally  duly  sworn  (or  affirmed)  to  testify  the  truth,  the 
whole  truth,  and  nothing  but  the  truth,  and  that  the  depositions,  by  them 
respectively  subscribed  as  above  set  forth,  were  reduced  to  writing  by  myself 
(or  if  by  any  other  person,  name  him,  and  say  by ,  who  is  not  inter- 
ested in  the  suit,  in  my  presence),  and  in  the  presence  of  the  witnesses 
respectively,  and  were  respectively  subscribed  by  the  said  witnesses  in  my 
presence  and  were  taken  at  the  time  and  place  in  the  annexed  notice  (or 
agreement)  specified  ;  that  I  am  not  counsel,  attorney,  or  relative  of  cither 
party,  or  otherwise  interested  in  the  event  of  this  suit ;  (if  there  be  adjourn- 
ments, add)  and  said  depositions  were  commenced  at  the  time  in  said  notice 
sj)ecified,  and  continued  by  adjounmients  from  day  to  day,  as  above  stated. 
(Signed.)                 In  testimony  whereof,  etc.,  A.  B." 

Depositions  taken  before  any  authorized  officer  having  an  official  seal  must 
be  certified  by  him  under  such  seal  and  his  official  signature.  If  the  officer 
have  no  official  seal,  the  deposition  (if  not  taken  in  this  state)  must  be  certi- 
fied and  signed  by  such  officer,  and  further  authenticated  by  parol  proof 
adduced  in  court,  or  by  the  official  certificate  and  seal  of  any  secretary  or 
other  officer  of  state  keeping  the  great  seal  thereof,  or  ot  the  clerk  or  pro- 
thonotary  of  any  court  having  a  seal,  attesting  that  such  judicial  or  other 
officer  was,  at  the  time  of  taking  the  same,  authorized  to  do  so  (as  being  one 
[Neb.  10.1 


526  NEBKASKA. 

of  the  officers  above  mentioned).  This  certificate  should  be  attached  to  the 
certificate  of  the  officer  taking  the  deposition. 

This  proof  of  official  character  is  omitted  when  waived  by  agreement  of 
parties  by  endorsement  on  notice  ;  but  this  agreement  does  not  waive  the 
taking  at  the  specified  time  and  place. 

The  whole  should  be  sealed  vip  by  the  officer  taking  the  same,  and  the 
envelope  addressed  to  the  clerk  of  the  court  in  which  the  action  is  pending, 
and  endorsed  as  follows  : 

"A.  B.  against  C.  D.  (giving  the  title  of  the  cause).     Depositions  in  said 

action  on  behalf  of  the (plaintiff  or  defendant,  as  the  case  may  be). 

These  depositions  taken,  sealed  up,  endorsed,  addressed,  and  transmitted  by 
me.  L.  M.  Notary  Public.'^ 

Divorce. — The  plaintiff  must  have  resided  in  the  state  for  at  least  six 
months  immediately  preceding  the  time  of  filing  the  petition.  The  causes 
for  which  a  divorce  will  be  granted  are  :  1st.  Adultry.  2nd.  Physical 
incompetency.  3d.  Imprisonment  in  any  prison,  jail  or  house  of  correction 
for  the  term  of  three  years.  4th.  Wilful  abandonment,  without  just  cause, 
for  two  years.  5th.  When  the  husband  shall  have  become  an  habitual 
drunkard.  6th.  Sentence  of  imprisonment  for  life. '  7th.  Extreme  cruelty. 
A  petition  may  also  be  filed  to  affirm  or  annul  a  marriage,  the  validity  of 
which  is  doubted,  or  where  one  of  the  parties  was  under  the  age  of  legal 
consent.  The  statute  also  provides  for  a  divorce,  on  the  petition  of  the  wife, 
when  the  husband,  being  of  sufficient  ability  to  provide  suitable  maintenance 
for  her,  shall  grossly  or  wantonly  and  cruelly  refuse  or  neglect  to  do  so. 

Dower. — The  widow  of  every  deceased  person  is  entitled  to  dower,  or  the 
use,  during  her  natural  life,  of  one-third  part  of  all  the  lands  whereof  her 
husband  was  seized.  Of  all  estate  of  inheritance  at  any  time  during  the 
marriage,  unless  she  is  lawfully  barred  thereof. 

Evidence. — {See  Witnesses.) 

Executions. — For  the  enforcement  of  judgment  may  be  issued  at  any 
time.  Executions  on  all  judgments  rendered  by  justices  of  the  peace  may 
be  stayed  as  follows :  On  judgments  of  $10  and  under,  for  the  period  of 
sixty  days ;  on  judgments  over  $10  and  not  exceeding  $50,  for  ninety  days  ; 
over  $50  and  not  exceeding  $100,  for  six  months  ;  over  $100  and  not  exceed- 
ing $200,  for  nine  months.  In  county  court  on  all  sums  exceeding  $200  stay 
of  execution  is  same  as  in  district  court,  but  on  sums  of  $200  and  under  same 
as  before  justice  of  the  peace.  In  district  court  stay  of  execution  on  judg- 
ment for  money  only  (except  error  and  appeal  cases  and  against  persons  for 
money  received  in  a  fiduciary  capacity,  or  for  breach  of  any  official  duty), 
may  be  had  for  three  months  where  judgment  does  not  exceed  $50;  six 
months  over  $50  and  not  exceeding  $100 ;  nine  months  over  $100.  Stay  bond 
has  the  force  and  effect  of  a  judgment  confessed  against  the  property  of 
sureties.  In  all  cases  of  stay  of  execvition,  an  undertaking  with  sureties 
must  be  entered  into  by  the  party  desiring  the  stay,  conditional  for  the  pay- 
ment of  the  judgment,  interest  and  costs.  In  cases  of  foreclosure  of  mort- 
gage a  stay  of  the  order  of  sale  will  be  granted  for  nine  months  from  date 
of  decree,  upon  the  written  request  of  the  defendants,  filed  within  twenty 
days  from  date  of  decree,  without  giving  any  undertaking.  Sales  under 
execution  and  orders  of  sale  and  the  officer's  return  thereof  must  be  made 
within  sixty  days  from  the  date  of  the  writ.  Such  sales  may  be  confirmed 
ten  days  after  officer's  return.  After  sale  is  confirmed  there  is  no  redemp- 
tion. 

Executors. — Within  thirty  days  after  testator's  death  or  within  thirty 
(hiys  after  knowledge  of  appointment,  the  executor  must  present  will  to 
probate  court  and  signify  his  acceptance  of  the  trust  or  his  refusal  to  accept 
it  in  writing.     Every  executor,  before  he  enters  upon  the  execution  of  his 

[Neb.  11.] 


NEBRASKA.  527 

trust,  and  before  letters  testamentary  shall  issue,  must  give  bond  to  the 
judge  of  probate  in  such  reasonable  sum  as  he  may  direct,  with  one  or  more 
sufficient  sureties,  with  conditions  as  follows  :  To  make  and  return  to  the 
probate  court,  within  three  months,  a  true  and  perfect  inventory  of  all  the 
goods,  chattels,  rights,  credits  and  estate  of  the  deceased  which  shall  come 
to  his  possession  or  knowledge,  or  to  the  possession  of  any  otlier  person  for 
him ;  to  administer  according  to  law  and  to  the  will  of  the  testator,  all  his 
goods,  chattels,  rights,  credits  and  estate  which  sliall  at  any  time  come  to 
his  possession,  or  to  the  possession  of  any  other  person  for  him,  and  out  of 
the'  same  to  pay  and  discharge  all  debts,  legacies  and  charges,  chargeable  on 
the  same,  or  such  dividends  thereon  as  shall  be  ordereil  and  decreeil  by  the 
probate  court ;  to  render  a  true  and  just  account  of  his  administration  to 
the  probate  court  within  one  year,  and  at  any  other  time  when  required  by 
such  court  ;  and  to  perform  all  oi-ders  and  decrees  of  the  probate  court,  by 
the  executor  to  be  performed  in  the  premises. 

Exemptions. — No  exemption  to  a  debtor  not  being  the  head  of  family. 
Homestead  not  exceeding  in  value  $2,000,  consisting  of  the  dwelling  lumse 
in  which  the  claimant  resides  and  its  appurtenances,  and  the  lantl  on  which 
the  same  is  situated,  not  exceeding  IGO  acres  if  in  the  country,  or  two  con- 
tiguous lots  in  an  incorporated  city  or  village,  is  exempt  from  judgment  liens 
and  from  execution  or  forced  sale  (except  on  debts  secured  by  the  mechanic's, 
laborer's  or  vendor's  liens  on  the  premises  ;  and  on  debts  secured  by  mort- 
gage thereon,  executed  by  both  husband  and  wife  or  an  unmarried  claimant.) 
If  debtor  has  no  lands  he  may  claim  $000  worth  of  personal  property.  Cloth- 
ing,  necessary  furniture,  supplies  for  family  for  six  months,  certain  domes- 
tic animals,  tools,  implements  of  trade,  etc.,  are  exempt,  also  sixty  days' 
wages  of  any  lal)oring  man  or  clerk,  if  the  head  of  a  family. 

False  Pretenses. — If  any  person,  by  false  pretense  or  pretenses,  obtains 
from  any  other  person  any  money,  goods,  merchandise,  or  eft'ects  whatever, 
■with  intent  to  cheat  and  defraud  such  persons  of  the  same,  or  fraudulently 
makes  and  transfers  any  bond,  bill,  deed  of  sale,  gifts,  grants,  or  other  con- 
veyances to  defeat  his  creditors  of  their  just  demands,  if  the  value  of  the 
property  so  fraudvilently  obtained  or  conveyed  as  aforesaid  shall  be  thirty- 
five  dollars  or  upwards,  such  person  so  offending  shall  be  imprisoned  in  the 
penitentiary  not  more  than  seven  years  nor  less  than  one  year,  but  if  the 
value  of  the  property  be  less  than  thirty-five  dollars,  the  person  so  otiending 
shall  be  fined  in  any  sum  not  exceeding  one  hundred  dollars,  or  be  impri- 
soned in  the  jail  of  the  county  not  exceeding  thirty  days,  and  be  liable  to 
the  party  injured  in  double  the  amount  of  damages  sustained  thereof. 
(Amended  1875,  9.) 

Frauds,  Statutes  of. — Every  conveyance  of  or  charge  upon,  any  estate 
or  interest  in  lands,  or  the  rents  and  profits  thereof,  made  or  created  with 
intent  to  defraud  prior  or  subsequent  purchasers  for  a  valuable  considera- 
tion, as  against  such  purchasers,  is  void. 

No  estate  or  interest  in  land,  other  than  leases  for  a  term  not  exceedino- 
one  year,  nor  any  trust  or  power  over  or  concerning  lands,  or  in  any  manner 
relating  thereto,  can  hereafter  be  created,  granted,  assigned  or  surrendered 
or  declared,  unless  by  act  or  operation  of  law,  or  by  a  deed  or  conveyance  in 
writing,  subscribed  by  the  party  creating,  granting,  assigning,  surrendering 
or  declaring  the  same. 

All  deeds  of  gift,  all  conveyances,  and  all  transfers  or  assignments,  verbal 
or  written,  of  goods,  chattels,  or  things  in  action,  made  in  trust  for  the  use 
of  the  person  making  the  same,  are  void  as  against  the  creditors,  existing  or 
subsequent,  of  such  person. 

In  the  following  cases  every  agreement  is  void,  unless  such  agreement  or 
some  note  or  memorandum  thereof,  be  in  writing,  and  subscribed  by  the 
party  to  be  charged  therewith:  1st.  Every  agreement  that,  by  its  terms  is 
|Xeb.  12.] 


528  NEBRASKA. 

not  to  be  performed  within  one  year  from  the  making  thereof.  2nd.  Evcry 
special  promise  to  answer  for  the  debt,  default  or  misdoings  of  another  per- 
son, ikl.  Every  agreement,  promise,  or  undertaking  made  upon  considera- 
tion of  marriage,  except  mutual  promises  to  marry.  4th.  Every  special 
promise  by  an  executor  or  administrator  to  answer  damages  out  of  his  own 
estate. 

Every  contract  for  the  sale  of  any  goods,  chattels,  or  things  in  action,  for 
the  price  of  fifty  dollars  or  more,  is  void,  unless:  1st.  A  note  or  memoran- 
dum of  such  contract  be  made  in  writing,  and  be  subscribed  by  the  party  to 
be  charged  thereby  ;  or,  2nd.  Unless  the  buyer  shall  accept  and  receive  part 
of  such  goods  or  the  evidences,  or  some  of  them,  of  such  things  in  action  ; 
or,  3rd.  Unless  the  buyer  shall  at  the  time,  pay  some  part  ot  the  purchase 
money. 

Garnishment. — Garnishee  process  may  he  used  in  aid  either  of  attach- 
ment or  of  execution. 

Grace. — (See  JVofis  and  Bills  of  Exchcmge.) 

Homestead. — (*^'te  Exemptions. ) 

Insolvent  Laws. — (See  Assignments.) 

Interest  and  Usury. — Legal  rate  is  seven  per  cent,  per  annum,  or  any 
rate  on  express  contract  not  greater  than  ten  per  cent.,  and  in  advance  if  so 
contracted  for.  Judgments  and  decrees  for  the  payment  of  money,  seven 
per  cent.,  if  not  specified  ;  but,  if  contracted  for,  they  bear  interest  at  a  rate 
not  exceeding  the  amount  allowed  by  law.  Unsettled  accounts  bear  interest 
after  six  months  from  date  of  last  item.  The  penalty  for  usury  is  to  pro- 
hibit the  recovery  of  any  interest  on  the  principal,  or  of  any  costs  in  the 
action.     The  principal  can  be  recovered. 

Judgments. — Of  courts  of  record,  except  county  courts,  are  liens  on  the 
debtor's  lands,  within  the  county,  for  five  years  from  the  first  day  of  the  term 
at  which  they  are  rendered  ,  confessed  judgments  from  the  date  of  confes- 
sion. If  execution  is  issued  within  five  years,  then  five  years  after  the  date 
of  last  execution. 

Justice  of  the  Peace.— (-See  Courts.') 

Landlord  and  Tenants. — Leases  longer  than  for  one  year  void,  unless  in 
writing.  A  tenant  who  fails,  neglects  or  refuses  to  pay  the  rent  when  same 
is  due,  is  deemed  to  be  holding  over  his  term,  and  landlord  upon  giving  three 
days'  notice  may,  in  action  of  forcible  detension,  obtain  restitution  of  prem- 
ises. 

Leases. — {See  Landlord  and  Tenant.) 

Liens. — {See  Judgments  and  Taxes.) 

Limitations. — Civil  actions  must  be  commenced  within  the  following 
times  after  the  cause  of  action  accraes  :  1.  For  the  recovery  of  title  or  pos- 
session of  real  estate,  which  is  stated  to  apply  also  to  mortgages  of  lands 
(Sess.  Laws,  18G9,  p.  67) — supreme  court  has  held  that  mortgages  before  that 
statute  were  barred  when  the  note  secured  was  barred — upon  officials  bonds 
of  executors,  administrators,  guardians,  sheriff's,  or  other  officers,  or  upon 
penal  bonds,  ten  years.  2.  For  recovery  of  damages  resulting  from  failure 
of  consideration  of  contract,  or  for  the  recovery  of  money  paid  on  like  con- 
tract ;  upon  a  verbal  contract,  express  or  implied  ;  for  trespass  upon  real 
property  ;  for  taking,  detaining  or  injuring,  or  for  the  recovciy  of  specific 

fNcb.  18.1 


NEBRASKA.  529 

personal  property ;  or  for  relief  on  the  ground  of  fraud,  four  years.  3.  Upon 
a  special  agreement,  contract  or  promise  in  writin';,  or  foreign  judgments, 
five  years.  4.  For  forcible  entry  and  detainer,  libel,  slander,  assault  and 
battery,  malicious  prosecution,  or  false  imprisonment,  actions  upon  statute 
for  penalty  or  forfeiture,  one  year.  All  actions  which  have  been  barred  by 
the  laws  of  any  state  or  territory  are  barre<l  by  the  laws  of  this  state.  The 
statute  ceases  to  operate  (cxcei)t  at'tions  for  penalty  or  forfeiture)  while  the 
plaintifi'  labors  under  a  legal  disability,  or  while  defendant  absents  or  con- 
ceals himself.  The  payment  of  any  part  of  the  principal  or  interest,  or  an 
acknowledgment  of  an  existing  liability,  debt  or  claim,  or  any  promise  to 
pay  the  same  in  writing,  takes  a  case  founded  on  contract  out  of  the  statute 
and  revives  the  liability.  Claims  against  state  barred  in  two  years  ;  mort- 
gages run  ten  years. 

Limited  Partnerships.— Such  partnerships  may  consist  of  one  or  more 
persons  who  are  called  general  partners,  and  who  are  jointly  and  severally 
responsible  as  general  partners  now  are  by  jaw,  and  of  one  or  more  persons 
who  shall  contribute  in  actual  cash  payments,  or  in  goods,  wares,  merchanr 
disc,  machinery  and  fixtures,  a  si^ecific  sum  as  capital  to  the  common  stock. 
who  are  called  special  partners,  and  who  are  not  liable  for  the  debts  of  the 
co-partner.sliips  beyond  the  fund  so  contributed  by  him  or  them  to  the  capi- 
tal stock.  A  certificate  of  formation,  pr«perly  acknowledged,  must  be  filed 
in  the  ofiice  of  county  clerk,  and  the  terms  of  the  partnership  published  in 
two  newspapers  for  at  least  six  consecutive  weeks. 

Married  Women. — The  property,  real  or  personal,  owned  by  a  married 
woman  at  the  time  of  the  marriage,  the  rents,  issues,  profits  and  proceeds 
thereof,  and  any  property  which  comes  to  her,  except  only  by  gift  of  her 
husband,  remains  her  sole  and  separate  property,  not  subject  to  the  disposal 
of  her  husband,  nor  liable  for  his  debts.  She  may  convey  her  i-eal  estate  and 
contract  with  reference  thereto,  in  the  same  manner,  and  with  like  eftect,  as 
a  married  man,  and  may  sue  and  be  sued  as  if  unmarried.  ]\Iay  labor  or 
carry  on  business  on  her  separate  account.  Her  earnings  are  her  sole  prop- 
erty. If  married  out  of  the  state,  may  here  enjoy  all  rights  as  to  property 
there  acquired.  Husband  is  not  liable  for  debts  contracted  by  wife  before 
marriage. 

A  married  woman  is  not  liable  to  a  personal  judgment  on  her  note  or  other 
contract,  unless  same  was  made  with  reference  to  her  separate  property. 

A  married  woman  may  dispose  of  her  own  property  by  will,  and  may.  alter 
or  revoke  the  same  in  like  manner  that  a  person  under  no  disability  may  do, 
and  subject  to  the  same  restrictions. 

A  married  woman  is  personally  liable  for  her  contracts  made  in  her  own 
name,  and  her  separate  property  can  be  made  to  satisfy  same.  The  property 
of  a  married  woman  without  act  of  hers  is  not  liable  for  her  husband's 
debts. — {See  Executions.) 

Mechanics'  Lien. — Any  person  who  performs  any  labor,  or  furnishes  any 
material  or  machinery  or  fixtures  for  the  erection,  reparation  or  removal  or 
any  house,  mill,  manufactory,  or  building  or  appurtenance  by  virtue  of  a 
contract  or  agreement  expressed  or  implied  with  the  owner  thereof  or  his 
agents,  has  alien  to  secure  the  payment  of  the  .same  upon  such  house,  mill,, 
manufactory,  building  or  appurtenance,  and  the  lot  of  land  upon  which  the 
same  shall  stand.  A  sworn  statement  and  claim  of  lien  must  be  recorded 
within  sixty  days  if  the  debt  is  due  from  the  contractor  or  sub-contractor,, 
otherwise  within  four  months  from  time  of  performing  the  labor  or  furnish- 
ing the  materials,  and  such  claim  operates  as  a  lien  upon  the  l>uildings  and 
lots  for  two  years  from  time  of  filing.  Taking  a  promissory  note  does  not 
destroy  the  lien. 

Minors. — Males  become  of  age  at  twenty-one,  females,  eighteen  ;  but  in 
case  a  female  marries  between  the  age  of  sixteen  and  eighteen  lier  minority 
ends. 

fNeb.  14.1 


530  NEBRASKA. 

Mortgages  of  Beal  Estates. — Must  be  executed,  acknowledged  and  re- 
icorded  same  as  deed.  Foreclosed  by  suit.  No  redemption  of  lands  sold 
under  foreclosure.  Any  mortgage  may  be  discharged  by  an  entry  in  the 
margin  of  the  record  thereof,  signed  by  the  mortgagee,  or  his  personal  repre- 
sentative or  assignee,  acknowledging  the  satisfaction  of  the  mortgage,  in 
the  presence  of  the  county  clerk,  or  his  deputy,  wlio  shall  subscribe  the 
same  as  a  witness,  and  such  entry  shall  have  the  same. effect  as  a  deed  of 
TClease  duly  acknowledged  and  recorded. 

If  any  mortgagee,  or  his  personal  representative  or  assignee,  after  full 
performance  of  the  condition  of  the  mortgage,  whether  before  or  after  a 
breach  thereof,  shall,  for  the  space  of  seven  days  after  being  thereto 
requested,  and  after  tender  of  his  reasonable  charges,  refuse  or  neglect  to 
discharge  the  same  as  provided  in  this  chapter,  or  to  execute  or  acknowledge 
a  certificate  of  discharge  or  release  thereof,  he  shall  be  liable  to  the  mortga- 
gor, his  heirs,  or  assigns,  in  the  svim  of  one  hundred  dollars  damages,  and 
also  for  all  actual  damages  occasioned  by  such  neglect  or  refusal,  to  be  recov- 
ered in  the  proper  action. 

Form  of  Mortgage  Deed. 

This  indenture,  Made  and  entered  into  this day  of one  thousand 

eight  hundred  and between  — —  of  the  first  part,  and of  the  second 

part. 

WitnessetTi,  That  the  said  part of  the  first  part,  in  consideration  of  the 

sum  of  — —  dollars,  to duly  paid,  ba sold,  and  by  these  presents 

do grant  and  convey  to  the  said  part of  the  second  part,  and  to 

heirs,  executors,  administrators  and  assigns,  all  that  certain  lot,  parcel,  or 

piece  of  land  situated  in in  the  county  of and  state  of  Nebraska, 

more  particularly  known  and  described  as  follows,  to-wit : . 

Together  with  all  and  singular  the  tenements,  hereditaments  and  appurte- 
nances thereunto  belonging,  or  in  any  wise  appertaining,  and  also  all  the 

estate,  right,  title,  and  interest  of  the  said  part of  the  first  part  therein, 

including  all  rights  arising  by  virtue  of  the  laws  of  the  state  of  Nebraska, 

pertaining  to  exemption  of  homesteads,  and does  hereby  covenant  with 

the  said heirs  and  assigns,  that  lawfully  seized  of  said  premises ; 

that  they  are  free  from  incumbrance,  and  the  said do hereby  cove- 
nant to  warrant  a?id  defend  the  said  premises  against  the  lawful  claims  of  all 
persons  whomsoever. 

And  the  said wife  of  the  said do hereby  grant,  remise,  re- 
lease, and  forever  convey  unto  the  said  party  of  the  second  part,  all  her  right 
and  title  of  dower  in  and  to  the  foregoing  described  premises. 

Provided  always,  and  these  presents  are  upon  this  condition :  that  whereas, 

said executed  and  delivered  to  said  promissory  note in  the 

words  and  figures  following  :     . 

Now,  if  the  said shall  well  and  truly  pay,  or  cause  to  be  paid,  the 

said  sum of  money  in  said  note mentioned,  with  the  interest  there- 

'on,  according  to  the  tenor  and  effect  of  said  note,  and  shall  duly  keep  and 

perform  all  covenants  and  agreements  herein  contained  on part  to  be 

kept  and  performed,  then  these  presents  shall  be  null  and  void.     But  if  said 

sum of  money,  or  any  part  thereof,  or  any  interest  thereon,  is  not  paid 

when  the  same  is  due,  or  if  the  taxes  and  assessments  against  said  premises 
fire  not  paid  at  or  before  the  time  the  same  by  law  become  delinquent,  then 

the  whole  of  said  sum •  and  interest  shall  immediately  become  due  and 

jjayablc  ;  and  in  case  of  the  foreclosure  of  this  mortgage,  a  reasonable  sum, 

not  exceeding per  cent,  of  the  recovery  shall  be  awarded  by  the  court, 

an  addition  to  the  judgment,  as  an  attorney's  fee. 

In  testimony  wJiereof  the  part of  the  first  part  ha hereunto  set 

hand  and  seal the  day  and  year  first  aforesaid. 

1     .    [SEAL.] 

Signed,  sealed,  and  delivered  in  presence  of  1   .   [seal.]  . 

.      ( .    [SEAL.] 

.     J .     [SEAL.] 

fNeb.  lo.] 


NEBRASKA.  531 

Form  of  Release  of  Mortgage. 

In  consideration,  of  the  payment  of  the  debt  named  therein,  I  release  the 

mortgage  made  by to on  the   following  described  property  : 

which  is  recorded  in  book of mortgages,  page of  the  records 

of county,  Nebraska. 

Witness  my  hand  this day  of ,  18 — . 

.    ?    

.    !> 

State  ov  Neukaska,  ) 
County  op .       S  ^  ' 

On  this day  of A.  D.  18 —  before  me a duly and 

qualified  for  and  residing  in  said  county,  personally  came to  me  person- 

itlly  known  to  be  the  identical  person  whose  name  is  affixed  to  the  above 

release  as  maker,  and  acknowledged  the  said  instrument  to  be voluntary 

act  and  deed. 

Witness  my  hand  and at in  said  county,  the  day  and  year  last 

above  written. 


Notes  and  Bills  of  Exchange. — All  negotiable  instruments  are  entitled 
to  three  days'  grace.  Bonds  and  promissory  notes  and  bills  of  exchange  for 
any  sum  of  money  certain,  made  payable  to  any  person  or  order,  or  to  any 
person  or  assigns,  are  only  negotiable  by  indorsement.  Any  such  instru- 
ments, made  payable  to  a  person  or  bearer,  are  negotiable  by  delivery 
merely.  To  entitle  an  indorser  of  a  negotiable  instrument  to  maintain  an 
action  against  any  prior  indorser  he  must  first  use  due  diligence  to  obtain  the 
money  of  the  maker,  drawer  or  obligor.  Demand  of  payment  on  the  third 
day  of  grace  and  notice  of  non-payment  or  non-acceptance  are  adjudged  due 
diligence,  unless  other  conditions  are  expressed  in  the  endorsement. 

Partnerships. — Any  company  or  association  of  persons  formed  for  the 
purpose  of  carrying  on  any  trade  or  business,  or  for  the  purpose  of  holding 
any  species  of  property  in  this  state,  and  not  incorporated,  may  sue  and  be 
sued  by  such  usual  name  as  such  comi^any,  partnership,  or  association  may 
have  assumed  to  itself  or  be  known  by,  and  it  shall  not  be  necessary  in  such 
case  to  set  forth  in  the  process  or  pleading,  or  to  prove  at  the  trial,  the  names 
of  the  persons  composing  such  company. 

Process  against  any  such  company  or  firm  shall  be  served  by  a  copy  left  at 
their  usual  place  of  doing  business  within  the  county,  with  one  of  the  mem- 
bers of  such  company  or  firm,  or  with  the  clerk  or  general  agent  thereof, 
and  executions  issued  on  any  judgments  rendered  in  such  proceedings  shall 
be  levied  only  on  partnership  property. 

In  cases  where  a  company  shall  sue  in  its  partnership  name,  such  company 
shall  procure  the  writ  to  be  endorsed  by  a  responsible  surety,  residents  of 
the  county,  for  costs,  or  otherwise  give  security  for  costs. 

Promissory  Notes.— (-See  Notes.') 

Practice. — (.See  Actions.) 

Bederaption. — The  owners  of  any  real  estate  against  which  a  decree  of 
foreclosure  has  been  rendered  in  any  court  of  record,  or  any  real  estate 
levied  upon  to  satisfy  any  judgment  or  decree  of  any  kind,  may  redeem  the 
same  from  the  lien  of  such  decree  or  levy  at  any  time  before  the  sale  of  the 
same  shall  be  confirmed  by  a  court  of  comijetent  jurisdiction  by  paying  into 
court  the  amount  of  such  decree  or  judgment,  together  with  all  interests 
and  costs. 
[Neb.  10.} 


532  NEBRASKA. 

The  owner  or  occupant  of  any  land  sold  for  taxes,  or  any  person  having  a 
lien  or  interest  tliereon,  may  redeem  the  same  at  any  time  within  two  years 
after  the  dayjof  such  sale,  by  paying  the  county  treasurer,  for  the  use  of  such 
purchaser,  his  heirs  or  assigns,  the  sum  mentioned  in  liis  certificate,' with 
interest  thereon  at  the  rate  of  twenty  per  cent,  per  annum  from  the  date  of 
purchase,  together  with  all  other  taxes  subsequently  paid,  whether  for  any 
year  or  years  previous  or  subsequent  to  said  sale,  and  interest  thereon  at  the 
same  rate  from  the  date  of  such  payment. 

Infants,  idiots,  and  insane  persons  may  redeem  any  land  belonging  to  them 
from  such  sale  within  two  years  after  the  exi^iration  of  such  disability,  on 
like  terms  as  if  redemption  had  been  made  within  two  years  from  the  date 
of  said  sale,  and  from  the  date  of  each  subsequent  payment  of  taxes  thereon, 
at  the  rate  of  twenty  per  cent,  per  annum  on  the  several  amounts  so  paid  by 
the  purchaser  until  redeniption.  Any  redemption  made  inures  to  the  benefit 
of  the  person  having  the  legal  or  equitable  title  to  the  property  redeemed, 
subject  to  the  right  of  the  person  making  the  same,  to  be  reimbursed  by  the 
person  benefited. 

Replevin. — The  plaintift"  in  an  action  to  recover  the  possession  of  specific 
personal  i)roperty,  may,  at  the  commencement  of  the  suit,  or  any  time  before 
answer,  claim  the  immediate  delivery  of  such  property. 

Form   of  Affidavit  in  RepU'cin. 
In  the court  of held  within  and  for  the  county  of . 

,  plaintiff,        ) 

«s.  >      Affidavit  in  re^ilevin. 
,  defendant.     ) 

State  of  Nebraska,  } 
County  op .   \     ' 

The  said plaintift",  being  first  duly  sworn,  on  his  oath  says  that 

affiant,  is  the  owner  of  said  goods  and  cliattels,  and  entitled  to  the  immediate 
possession  of  the  same  ;  and  that  said  goods  and  chattels  are  wrongfully  de- 
tained from  him  by  the  said  defendant ;  and  that  the  said  goods  and  chattels 
were  not  taken  in  execution  on  any  order  or  judgment  against  said  iilaintiff, 
or  for  the  payment  of  any  tax,  fine,  or  amercement  assessed  against  him,  or 
by  virtue  of  any  order  of  delivery  issued  under  the  chapter  of  the  code  of 
civil  procedure  providing  for  the  replevin  of  property,  or  on  any  other  mesne 
or  pi'ocess  issued  against  tlie  said  plaintiff ;  and  further  he  saith  not. 

Subscribed  in  my  presence,  and  sworn  to  before  me,  this day  of , 

A.  D.  18—  . 

Form  of  Bond  in  Repleoin. 

State  op  Nebraska,  >  In  the court  of  held  within  and 

County  op .       S     '  for  the  county  of . 

,  plaintiff,        i 

vs.  >      Undertaking. 
,  defendant.     ) 

Whereas,  above  named  has  caused  an  order  for  delivery  of  the  fol- 
lowing goods  and  chattels,  to-wit :  to  be  issued  out  of within  and 

for  tlie  county  of in  a  cause  now  pending  in  the  said wherein  the 

said plaintiff",  and  one is  defendafit. 

And  whereas,  the  said  order  was  delivered  to of  said  county,  and  the 

said  sheriff' has  taken  said  goods  and  chattels,  and  the  same  have  been  valued 
by  two  responsible  persons  under  oath,  at  the  sum  of dollars. 

Now,  tlierefore,  we and undertake  to  the  said defendant  in 

iNcb.  17.] 


NEBRASKA.  -)38 

said  action,  in  the  penal  sum  of dollars,  that  the  said plaintift"  shall 

duly  prosecute  his  action  aforesaid,  and  pay  all  the  costs  and  damages  which 
may  be  awarded  to  him. 

Dated  this day  of ,  A.  D.,  18—. 


Signed  in  ray  presence,  and  approved  by  me,  this day  of ,  A.  D., 

18—.  ,  Sheriff. 

Revenue. — The  following  property  is  taxable  :  1st.  All  real  and  personal 
property  in  this  state.  2nd.  All  moneys,  bonds,  credits,  or  stocks,  and  other 
investments;  the  shares  of  stock  of  incorporated  companies  and  associations, 
and  all  other  personal  property,  including  property  in  trarmtu  to  or  from 
this  state,  used,  held,  owned  or  controlled  by  persons  residing  in  this  state. 
3rd.  The  shares  of  capital  stock  of  banks  and  banking  companies  doing 
business  in  this  state.  4th.  The  capital  stock  of  companies  and  associa- 
tions incorporated  under  the  laws  of  this  state. 

The  following  property  is  exempt  from  taxation  in  this  state  :  1st.  The 
property  of  the  state,  counties,  and  municipal  corporations,  both  real  and 
personal.  2nd.  Such  other  property  as  may  be  used  exclusively  for  agricul- 
tural and  horticultural  societies,  for  schools,  religious,  cemetery  and  chari- 
table purposes. 

Revivor. — Code  of  civil  procedure  prescribes  manner  in  which  actions 
before  and  after  judgments  and  dormant  judgments  may  be  revived. 

Seals. — The  use  of  private  seals  upon  all  deeds,  and  other  instruments  in 
•writing  abolished.  The  addition  of  a  jHivate  seal  to  instruments,  however, 
does  not  affect  its  equity  or  legality. 

Stay  of  Execution. — Allowed  on  judgments  as  follows  :  Judgments  of 
$i)0  or  under,  exclusive  of  costs,  three  months  ;  judgments  of  $50  and  not 
exceeding  $100,  six  months  ;  all  other  amounts,  nine  months.  Stay  allowed 
on  approved  bond  with  two  or  more  sureties ;  except  in  district  court,  stay 
may  be  allowed  on  foreclosure  of  mortgage  on  lands  ou  request.  The  judg- 
ment is  made  a  lieu  on  the  lands  of  the  sureties.  No  stay  allowed  in  judg- 
ments on  appeal  or  error,  nor  against  any  officer  or  person  or  corporation,  or 
the  sureties  of  any  of  them,  for  money  received  in  a  fiduciary  capacity,  or 
for  the  breach  of  any  official  duty,  nor  on  judgment  against  surety  for  stay. 

Taxes. — Upon  realty  are  a  lien  from  and  including  the  first  day  of  April 
in  the  year  in  which  they  are  levied  until  the  same  are  paid,  and  become  de- 
linquent on  May  1st,  of  the  following  year.  Taxes  upon  personalty  become 
a  lien  from  the  time  the  tax-books  are  received  by  the  tax  collector,  (Oct.  1, 
in  the  year  in  which  they  are  levied.)  Persons  holding  tax-liens  may  fore- 
close the  same  in  same  manner  as  a  mortgage,  any  time  within  five  years 
from  date  of  tax-sales.  Redemption  from  tax-sale  may  be  made  at  any  time 
within  two  years  from  sale,  upon  payment  of  principal  sum  and  interest  at 
30  per  cent,  per  annum,  and  the  limitation  of  recovery  in  three  years  from 
date  of  tax  deed. 

Usury. — {See  Interest.) 

Wages.-  (See  Exemptions.) 

Wills. — Every  person  of  full  age  and  sound  mind  has  power  to  make  will. 
Must  be  in  writing,  signed  by  testator  or  in  his  presence  by  his  direction, 
and  attested  in  his  presence  by  two  or  more  competent  witnesses.  Nuncupa- 
tive will  where  estate  bequeathed  exceeds  the  value  of  $150  must  be  proved 
by  oath  of  three  witnesses. 
iNeb.  18.1 


534  NEBRASKA. 

Witnesses. — Every  human  being  of  sufficient  capacity  to  i;nderstand  the 
obligation  of  an  oath,  is  a  competent  witness  in  all  cases  civil  and  criminal, 
except  as  otherwise  herein  declared.  The  following  persons  incompetent  to 
testify:  1st.  Persons  of  unsound  mind  at  the  time  of  their  production. 
2nd.  Indians  and  negroes  who  appear  incapable  of  receiving  just  impres- 
sions of  the  facts  respecting  which  they  are  examined,  or  of  relating  them 
intelligently  and  truly.  3rd.  Husband  and  wife,  concerning  any  communi- 
cation made  by  one  to  the  other  during  marriage,  whether  called  as  a  witness 
while  that  relation  subsists  or  afterward.  4th.  An  attorney,  concerning  any 
communication  made  to  him  by  his  client  in  that  relation  or  his  advice 
thereon,  without  the  client's  consent  in  open  court  or  in  writing  produced  in 
court.  5th.  A  clergyman  or  priest,  concerning  any  confession  made  to  him 
in  his  professional  character  in  the  course  of  discipline  enjoined  by  the 
church  to  which  he  belongs,  without  the  consent  of  the  person  making  the 
confession. 


INeb.  19.] 


NEBRASKA. 


535 


ATTORNEYS  IN    NEBRASKA. 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  population. 
Fitrures  after  names  when  admitted  to  Bar.       A  star  (*)  i^otaries  Public. 
A  douljle  dagger  (X)  our  Compiler  of  Ijaws. 
A  dagger  (f)  former  recommendations  withdrawn. 


PLACE, 

COUNTY. 

NAMES   OF    ATTORNEYS.     POPULA'N 

Ainsworth 

Brown 

J.  F.  Bnrns. 

566 

Albion 

Boone 

Montgomery  Bros. 

916 

Alma 

Harlan 

B.  C.  Ovler. 

1,200 

Arapahoe 

Ftxrnas 

J.  A.  DUDGEON,  '72. 

500 

Ashland 

Saunders 

Wilson  6c  Stratton. 

1,600 

Aurora 

Hamilton 

Hainer  &  Kellogg. 

1,800 

Beatrice 

Gage 

A.  H.  Babcock. 

8,.000 

Beaver  City 

Funiass 

G.  W.  Morris. 

900 

Blair 

Washington 

W.  C.  Walton. 

2,132 

Bloomington 

Franklin 

Sheppard  &  Black. 

1,000 

Brownville 

Nemaha 

D.  B.  Tipton. 

1,029 

Burwell 

Garfield 

(See  Taylor.) 

— 

Central  City 

Merrick 

John  Patterson. 

1,8(10 

Clay  Center 

Clay 

B.  F.  McLoney. 
(  John  Macfarland,  3  and  4  1st 

.300 

Columbus 

Platte 

\          Naf  1  Bank  Building. 

2,573 

j         See  Card  in  Appendix, page  xlii. 

Crete 

Saline 

C.  J.  Bowlley. 

3,000 

Culbertson 

Hitchcock 

GEO.  E.  BANKS,  '77. 

1,000 

Dakota 

Dakota 

J.  T.  Spencer. 
C  W.  E.  BAUER,  '84,  reference 
}         1st  National  Bank,  Central 
(         National  Bank. 

995 

David  City 

Butler 

[  1,500 

Edo-ar 

Clay 

(See  j!^elson.) 

894 

Fairbury 

Jefterson 

W.  0.  Hamble. 

1,886 

Fairniiint 

Fillmore 

WILL  R.  GAYLORD,*  '74. 

976 

Falls  City 

Richardson 

J.  D.  Gilmore. 

3,000 

Fremont 

Dodge 

W.  H.  ^Hunger. 

6,0ti0 

Fullerton 

Nance 

3E.  I.  Brower. 

1,200 

Geneva 

Fillmore 

J.  Jensen. 

900 

(Jiafton 

Fillmore 

P.  B.  Tolles. 

1,078 

Grand  Island 

Hall 

Thummel  &  Piatt. 

7,500 

iTanly 

Nuckolls 

(See  JS^clsoH.) 

370 

Hastings 

Adams 

Dilworth.  Smith  &  Dilworth. 

12,000 

Hebron 

Thayer 

C.  L.  Richards. 

894 

Homerville 

Gosper 

Henry  Uhl. 

100 

Hmnlinklt 

Richardson 

H.  T.  Hull. 

1,23ft 

Indianola 

Red  "Willow 

Snavelev  <k  Starr. 

1,00(^ 

Kearney 

Buffalo 

MOORE  &  JONES. 

3,601 

Lincoln.  Lancaster  County.  Population,  22,004. 

BAP.XES.  TIIEO.  F..  "65.  246  N.  llih  St. 
Geisthardt,  Stephen  L.,  "85.  14  Academy  of  3Iusic. 

.S'ee  Card  in  Appendix,  payc  xiii. 


536 


NEBRASKA. 


LINCOLN— CONTINUSD. 

t  Hamilton  &  Trevitt. 

See  Card  m  Appendix,  page  xiii. 
SAWYER  &  SNELL. 

Sawyer,  A.  J. 

Snell,  N.  Z. 
\  Bittenbender,  H.  C.  &  Ada  C. 


PLACE. 

COUNTY. 

NAMES   OF  ATTORNEYS. 

popula'n. 

Loup  City 

Sherman 

J.  R.  Scott. 

800 

McCrook 

Red  Willow 

J.  E.  Cochran. 

1,500 

Madison 

Madison 

Allen  &  Robinson. 

903 

Minden 

Kearuej' 

Joel  Hull. 

1,500 

Nebraska  City 

Otoe 

Thomas  B.  Stevenson. 

6,000 

Neligh 

Antelope 

Thomas  O'Dav. 

1,000 

Nelson 

Nuckolls 

S.  A.  SEARLE. 

457 

Niobrara 

Knox 

James  A.  Cooley. 

325 

Norfolk 

Madison 

A.  Sattler. 

1,94!) 

North  Platte 

Lincoln 

Hinman  &  Grimes. 

3,000 

Ogallala 

Keith 

John  J.  Halligau. 

800 

Omaha 

Doucrlass 

C.  J.  SMYTH. 

51,835 

O'Neill 

Holt' 

Cleveland  &  Meals. 

1,000 

Ord 

Valley 

Coffin  &  Clements. 

924 

Osceola 

Polk 

R,  Wheeler. 

1,797 

Papillion 

Sarpy 

Geo.  A.  MagneJ^ 

558 

Pawnee  City 

Pawnee 

J.  L.  Edwards. 

1,632 

Phelps 

Phelps 

J.  J.  Carter. 

212 

Pierce 

Pierce 

Benjamin  Lindsay. 

700 

Plattsmouth 

Cass 

]M.  A.  Hartioan. 

7,000 

Plum  Creek 

Dawson 

W.  D.  Kelsey,  '79. 

835 

Ponca 

Dixon 

W.  F.  Norris. 

1,600 

Red  Cloud 

Webster 

G.  R.  CHANEY,  '70. 

1,725 

Rising  City 

Butler 

F.  Journal. 

447 

St.  Helena 

Cedar 

P.  C.  Nissen. 

210 

St.  Paul 

Howard 

BELL  BROS,  '78  and  '84. 

1,311 

Schuyler 

Colfax 

F.  N.  DWORACK,  '83. 

1,588 

Scotia 

Greeley 

H.  S.  Sprecher. 

1,082 

Seward 

Seward 

Norval  Bros. 

2,032 

Sidney 

Cheyenne 

Heist  &  Rayner. 

1,500 

Stanton 

Stanton 

5  C.  L.  Lamb. 

t  \  A.  A.  Kearney. 

1,000 

Spring  View 

Keya  Paha 

C.  L.  Marmon. 

400 

Stockville 

Frontier 

G.  H.  Stewart. 

200 

Superior 

Nuckolls 

{See  Nelson.) 

946 

Sutton 

Clay 

Geo.  W.  Bemis. 

1,500 

Taylor 

Loup 

A.  S.  Moon. 

247 

Tecumseh 

Johnson 

Davidson  &  Griffin. 

2,395 

Tekamah 

Burt 

Hopewell  &  Dickinson. 

1,596 

Valentine 

Cherry 

E.  D.  Benson. 

615 

Wahoo 

Clien-y 

Bell  &  Sornberger. 

2,400 

Wayne 

Wayne 

James  Britton. 

850 

West  Point 

Cuming 

J.  F.  Losch. 

1.680 

Wilber 

Saline 

W.  G.  Ilastings. 

1,152 

Wymore 

Gage 

T.  D.  Cabbev. 

1,779 

York 

York 

W.  M.  COW'ELL.* 

2,085 

NERRASKA. 


537 


BANKS    IN    NEBRASKA. 

Giving  the  name  of  town,  b:ink  and  cashier,  and  amount  of  paid-up  capital  ot  one 
bank  in  each  county  of  this  state  in  which  such  a  banlcing  institution  is  located. 


PLACE. 

Ainsworth 

Albion 

Alma 

Aurora 

Beatrice 

Beaver  City 

Blair 

Bloom  ington 

Brokeu  Bow 

Brownville 

Central  City 

Clay  Center 

Columbus 

Culbertson 

David  City 

Fairbury 

Falls  City 

Fremont 

Fullertou 

Geneva 

Grand  Island 

Hastings 

Hebron 

Indianola 

Kearney 

Lincoln 

Lcmp  City 

Madison 

Minden 

Nebraska  City 

Neleigh 

Nelson 

Niobrara 

North  Platte 

Ogalalla 

( )maha 

O'Neill 

Ord 

Osceola 

Pawnee  City 

Pierce 


NAME   OF    BANK. 

Farmers  &  iMerchants  Bk 
Thompson  &  Baker 
Valley  Bank 
First  National  Bank 

;(  ((  (( 

Wm  Howard  Phelps 
First  National  Bank 
Franklin  County  Bank 
First  National  Bank 


Clay  Center  Bank 
First  National  Bank 
Hitchcock  County  Bank 
First  National  Bank 


Fremont  National  Bank 
First  National  Bank 
Citizens'  Bank 
First  National  Bank 


Buffalo  County  Nat  Bk 
Capital  National  Bank 
First  National  Bank 
]\[adison  Co  Savings  Bank 
First  National  Bank 
Nebraska  City  Nat  Bank 
Citizens'  Bank 
First  National  Bank 
Niobrara  Valley  Bank 
First  National  Bank 
Keith  County  Bank 
First  National  Bank 


Osceola  Bank 
First  National  Bank 
Pierce  County  Bank 


CASHIER. 

C.  G.  Alton. 

H.  L.  Briggs. 
J.  F.  Houseman. 
Samuel  C.  Smith. 
O.  W.  Foster. 
F.  H.  Claridge. 
W.  E.  Hatcli. 
L.  H.  Jewett. 
A.  R.  Davison. 

F,  M.  Persinger. 
Geo.  E.  Birge. 
O.  T.  Roen. 

A.  D.  King. 
J.  G.  Ro.ss. 

E.  E.  McDowell. 
P.  H.  Jussen. 

J.  Beckman. 

J.  M.  Fillebrown. 
Chas.  F.  Bentley. 

G.  H.  Pratt. 
J.  H.  Lynch. 
John  J.  Lambum. 
A.  T.  Gamble. 

R.  C.  Outcolt. 
A.  P.  CuUey. 
(Wohlford  Bros.  &  Co, 
R.  H.  Palmer. 
J.  W.  Steinhart. 
Charles  L.  Harris. 
S.  A.  Lapp. 
S.  Draper. 
James  Sutherland. 
O.  T.  Carlson. 

F.  H.  Davis. 
E.  S.  Kelly. 
George  A.  Percival. 
J.  H.  Mickey. 
John  C.  David. 

W.  A.  Spencer. 


PAID  UP 
CAPITAL. 


$  25,000 
10,000 
2.5,000 
50,000 

100,000 
5,000 
50,000 
20,000 
50,000 
50,000 
50,000 
15,000 
60,000 
12,000 
50,000 
.50,000 
50,000 

150,000 
50,000 
25,000 

100,000 

100,000 
50,000 
50,000 

100,000 

300,000 
50,000 
)  24,000 
50,000 
50.000 
20,000 
50,000 
27,000 
50,000 
25,000 

500,000 
50,000 
.50,000 
50,000 
50,000 
:50.000 


538 


NEBRASKA. 


PAID  UP 

PLACE. 

NAME   OF   BANK. 

CASHIER. 

CAPITAL. 

Plattsmouth 

First  National  Bank 

Samuel  Waugli. 

50,000 

Plum  Creek 

U                        ii                    11 

H.  V.  Temple. 

50,000 

Ponca 

Bank  of  Dixon  Co 

H.  C.  Howe,  Jr. 

45,000 

Red  Cloud 

First  National  Bank 

John  Moore. 

75,000 

Scotia 

Farmer's  &  Merchant's  Bk 

J.  M.  Marsh. 

35,000 

Seward 

Jones'  National  Bank 

Harry  T.  Jones. 

110,000 

Sidney 

State  Bank  of  Sidney 

S.  C,  Morgan. 

10,000 

Stanton 

First  National  Bank 

Levi  Miller. 

50,000 

St.  Paul 

11                      l(                  u 

Geo.  E.  Lean. 

50,000 

Tecumseh 

((                 ((              (i 

W.  A.  Wolf. 

50,000 

Tekamah 

Burt  County  Bank 

(J.  P.  Latta.) 

25,000 

Valentine 

Cherry  County  Bank 

(Sparks  Bros.) 

20,000 

Wahoo 

First  National  Bank 

P.  Anderson. 

60,000 

Wayne 

((                  ii               a 

F.  A.  Dearborn. 

50,000 

West  Point 

<(                  ((               (( 

W.  A.  Black. 

50,000 

Wilber 

U                        ii                    il 

C.  A.  Caldwell. 

50,000 

York 

H                       ti                    il 

H.  C.  Kleinschmidt. 

50,000 

TERRITORY  OF 

NKVADA. 

SUMMARY  OF 

COLLBCTION     L^WS. 

Court  Calendar,  Instructions  for  taking  Depositions,  Legal  Forms,  Etc. 

Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "Showers' 

Legal  Directory  and  Merchants'  Guide."  for  1888,  by 

J.  W.  Whitcher.  Esq.,  of  the  Virginia  City  Bar. 

Acknowledgments.— (5t'<;  Deeds.) 

Actions. — There  is  but  one  form  of  civil  action  in  this  state  for  the  enforce- 
ment or  protection  of  private  rights,  and  the  redress  or  prevention  of  private 
wrongs.  Every  action  must  be  prosecuted  in  tlie  name  of  the  real  party  iu 
interest,  except  that  an  executor  or  administrator  or  trustee  of  an  express 
trust,  or  person  expressly  authorized  by  statute  maysue  without  joining  with 
him,  the  person  or  persons  for  whose  benefit  the  action  is  prosecuted.  An 
infant  shall  appear  by  guardian  appointed  by  the  court. 

Civil  actions  in  the  district  court  are  commenced  by  tlie  filing  of  a  com- 
plaint with  the  clerk  of  the  court  and  the  issuance  of  a  summons  thereon. 

Administration  of  the  Estates  of  Deceased  Persons.— Administration 
of  the  estate  of  a  person  dying  intestate,  shall  be  granted  to  some  one  or 
more  of  the  persons  hereinafter  mentioned,  and  they  shall  be  respectively  en- 
titled in  the  following  order:  1st.  The  surviving  husband  or  wife,  or  some 
person  as  he  or  she  may  request  to  have  appointed;  3d.  The  children;  8d. 
The  fiither  or  mother;  4th.  The  brothers;  oth.  The  sisters  ;  0th.  Tlie  grand- 
children ,  7th.  Any  otlier  of  the  kindred  entitled  to  share  in  the  distribution 
of  the  estate.  8th.  The  pul^lic  administrator;  9tli.  The  creditors  ;  10th.  Any 
of  the  kindred  not  above  enumerated,  within  the  fourth  degree  of  consan- 
guinity :  11th.  Any  person  or  persons  legally  competent ;  provided  that  when 
there  was  any  partnership  existing  between  the  intestate,  at  the  time  of  his 
or  her  death,  and  any  other  person,  the  surviving  partner  shall,  in  no  case, 
be  appointed  administrator  of  the  estate  of  such  intestate. 

Affida"vits. — No  affidavit  to  be  issued  before  any  court,  judge  or  officer  of 
this  state  (N^evada).  May  be  taken  before  any  judge  or  clerk  of  any  court, 
or  any  justice  of  the  peace  or  notary  public  in  this  state. 

Aliens. — No  alien  shall  be  admitted  to  become  a  citizen,  who  has  not  for 
the  continued  term  of  five  years  next  preceding  his  admission,  resided  with- 
in the  United  States. 

[Nev.  1.] 


540  NEVADA  TERRITOEY. 

Appeals. — In  Justices'  Courts. — Any  party  dissatisfied  with  a  judgment 
rendered  in  any  justices'  court,  may  appeal  therefrom  to  the  district  court, 
for  the  county,  any  time  within  thirty  days  after  the  rendering  of  judgment. 
The  appeal  may  be  taken  by  filing  a  notice  with  the  justice,  and  serving  a 
copy  on  the  adverse  party. 

In  District  Court  appeals  may  be  taken,  1st.  From  a  final  judgment  in  an 
action  or  special  proceeding,  commenced  in  the  court  in  which  the  judgment 
is  rendered,  within  one  year  after  the  rendition  of  the  judgment ;  2d.  From 
a  judgment  rendered  in  an  appeal  from  an  inferior  court,  within  ninety  days 
after  the  rendition  of  the  judgment ;  3d.  From  an  order  granting  or  refusing 
a  new  trial,  from  an  order  granting  or  dissolving  an  injunction,  and  from  an 
order  refusing  to  grant  or  dissolve  an  injunction,  and  from  any  special  order 
made  after  the  final  judgment,  within  sixty  days  after  the  order  is  made  and 
entered  in  the  minutes  of  the  court ;  4th.  From  an  interlocutory  judgment 
or  order,  in  cases  of  partition,  which  determines  the  rights  of  the  several  par- 
ties, and  directs  partition,  sole  or  conclusive,  to  be  made  within  sixty  days 
after  the  rendition  of  the  same. 

Arrests. — Tlie  defendant  may  be  arrested  in  the  following  cases  :  1st.  In 
an  action  for  the  recovery  of  money  oi'  damages  on  a  cause  of  action  arising 
upon  contract,  express  or  implied,  when  defendant  is  about  to  depart  from 
the  state,  with  intent  to  defraud  his  creditors,  or  when  the  action  is  for  libel 
or  slander  ;  2d.  In  an  action  for  a  fine  or  penalty,  or  for  money  or  property 
embezzled,  or  fraudulently  misapplied  or  converted  to  his  own  use  by  a  pub- 
lic officer,  or  an  officer  of  a  corporation,  or  an  attorney,  factor,  broker,  agent 
or  clerk,  in  the  course  of  his  employment  as  such,  or  by  any  other  person  in 
a  fiduciary  capacity,  or  for  misconduct  or  neglect  in  office  or  in  professional 
employment,  or  for  a  wilful  violation  of  duty  :  od.  In  an  action  to  recover 
the  possession  of  personal  property,  imjustly  detained  when  the  property  or 
any  part  thereof  has  been  concealed,  removed,  or  disposed  of,  so  that  it  can- 
not be  found  or  taken  by  the  sheriff;  4th.  When  the  defendant  has  been 
guilty  of  a  fraud  in  contracting  the  debt,  or  incurring  the  obligation  for 
which  the  action  is  brought,  or  in  concealing  or  disposing  of  the  property, 
for  the  taking,  detention,  or  conversion  of  which,  the  action  is  brought  ;  5th. 
When  the  defendant  has  removed  or  disposed  of  his  property,  or  is  about  to 
do  so,  with  intent  to  defraud  his  creditors. 

The  order  of  arrest  will  be  made  when  it  shall  appear  to  the  judge  by  the 
affidavit  of  the  plaintilf,  or  some  other  person,  that  a  sufficient  cause  of  slc- 
tion  exists,  and  the  case  is  one  of  those  mentioned  in  one  of  the  above  sub- 
divisions. The  affidavit  shall  be  either  positive,  or  upon  information  and 
belief;  and  when  upon  information  and  belief,  it  shall  state  the  facts  upon 
which  the  information  and  belief  are  founded.  Before  making  the  order  of 
arrest,  the  judge  shall  require  a  written  undertaking,  in  the  sum  of  $500, 
witli  sureties.  The  sureties  must  be  residents  and  householders  or  free- 
holders, within  the  state,  and  must  be  worth  double  the  amount,  over  and 
above  their  just  debts  and  liabilities,  exclusive  of  property  exempt  from 
execution. 

Assignment. — (f^ee  Insolcent  Laws.) 

Attachment. — The  plaintilf,  at  the  time  of  issuing  the  summons,  or  at  any 
tim'3  afterwards,  may  have  the  property  of  the  defendant  attached  as  security 
for  the  satisfaction  of  the  judgment,  that  may  be  recovered,  unless  the  de- 
fendant give  .security  to  pay  svich  judgment  as  hereafter  provided  in  the  fol- 
lowing cases  :  1st.  In  an  action  on  the  contract  for  the  direct  payment  of 
money  made,  or  by  the  terms  thereof,  payable  in  this  state,  which  is  not  se- 
cured by  mortgage,  lien,  or  jjledge  upon  real  or  personal  property  secured  or 
being  in  this  state  ;  if  so  secured,  when  such  security  has  been  rendered  nu- 
gatory by  the  act  of  the  defendant ;  2d.  In  an  action  upon  a  contract  against 
a  defendant  not  residing  in  this  state. 
[Nev.  2.] 


NEVADA   TERRITORY.  541 

Before  the  issuance  of  the  "writ  of  attachment,  the  phiiiitifF,  or  some  one  in 
his  behalf,  must  make  an  affidavit  of  the  faets  required  in  the  two  eases 
above  named,  and  must  make  a  written  undertaking  in  the  sum  of  not  less 
than  two  hundred  dollars,  not  exceedinji  tlie  sum  claimed  by  the  plaintiff,  with 
sufficient  sureties,  to  the  ettect  that  if  the  defend;int  recover  judgment,  that 
the  plaintiff  will  pay  all  costs  that  may  be  awarded  to  the  defendant,  and  all 
damages  that  he  may  sustain  by  reason  of  the  attachment. 

Banks  and  Bankers. — Any  person  who  may  heroaCter  lonn  a  banking 
association  under  an  act  of  Congress,  entitled,  "An  act  to  provide  a  national 
currency,  secured  by  a  pledge  of  United  States  stocks,  and  to  provide  for  the 
circulation  and  redemi^tion  thereof,"  approved  February  2.")th,  18G3,  and 
after  they  shall  have  fully  complied  with  the  provisions  of  said  act,  be 
deemed  and  held  to  be  citizens  of  this  state,  and  shall  have  the  same  right  to 
commence  and  maintain  actions  in  all  courts  of  justice  within  this  state,  and 
shall  have  and  enjoy  all  the  rights  and  privileges,  the  same  as  if  the  said  as- 
sociation, or  the  members  thereof,  were  bona  fide  citizens  or  residents  of  this 
state.  When  there  is  no  express  contract  in  writing,  said  association  may 
receive  the  rate  of  twenty-four  per  cent,  per  annum  interest  for  all  moneys, 
after  the  same  shall  become  due,  on  any  bond,  bill,  or  promissory  note,  or 
other  instrument  in  writing,  drawn  in  favor  of  said  association. 

Bills  of  Exchange. — No  person  can  be  charged  as  the  acceptor  of  a  bill, 
unless  his  acceptance  shall  be  signed  by  himself,  or  his  lawful  agent.  A 
promise  to  accept  a  bill  shall  be  construed  as  an  acceptance  thereof,  when 
any  person  on  the  faith  thereof  shall  have  given  valuable  consideration 
thereof. 

Chattel  Mortgages. — Are  void  without  delivery  of  the  personal  property, 
when  the  mortgagor  and  mortgagee  shall  both  annex  affidavits  thereto,  set- 
ting forth  that  the  mortgage  is  made  in  good  faith  and  given  for  a  debt  ac- 
tually due  the  mortgagor,  stating  the  amount  and  character  of  said  debt, 
and  that  the  same  is  not  made  or  received  with  intent  to  hinder,  delay,  or 
defraud  any  creditor  of  the  mortgagor. 

Claims  against  Decedent's  Estates.— Every  claim  presented  to  the  ad- 
ministrator shall  be  supported  by  the  affidavit  of  the  claimant  that  the 
amount  is  justly  due,  that  no  payments  have  been  made  thereon,  and  that 
there  are  no  off-sets  to  the  same  to  the  knowledge  of  the  claimant,  or  other 
official  ;  provided,  that  when  the  affidavit  is  made  by  any  other  person  than 
the  claimant,  he  shall  set  forth  in  the  affidavit  the  reasons  it  was  not  made 
by  the  claimant.  The  oath  may  be  taken  before  any  officer  authorized  to 
administer  oaths. 

Corporations. — Any  three  or  more  persons  who  may  desire  to  form  a  com- 
pany for  manufacturing,  mining,  milling,  ditching,  mechanical,  chemical, 
building,  navigation,  transiJortation,  farming,  trucking,  hotel  and  inn-keep- 
ing ore  reduction  purposes,  as  for  the  purpose  of  engaging  in  any  other 
species  of  trade,  business  or  commerce,  foreign  or  domestic,  may  make,  sign 
or  acknowledge,  before  some  jterson  competent  to  take  the  acknowledgment 
of  deeds,  and  file  and  have  recorded  in  a  book  provided  for  that  purpose,  in 
the  office  of  the  clerk  of  the  county  in  which  the  i)rincipal  place  of  business 
of  the  company  is  intended  to  be  located,  and  a  certified  copy  under  the  hand 
of  the  clerk  and  the  seal  of  the  court  of  said  county,  in  the  office  of  secre- 
tary of  state,  a  certificate,  in  which  shall  be  stated  the  corporate  name  of 
the  company,  the  object  for  which  the  same  shall  be  formed,  the  amount  of 
its  capital  stock,  the  time  of  its  existence,  not  to  exceed  fifty  years,  the  num- 
ber of  shares  of  which  the  capital  stock  shall  consist,  the  number  of  trus- 
tees and  their  names,  who  shall  manage  the  concerns  of  the  comiiany  for  the 

[Nev.  3.] 


542  NEVADA  TERRITORY. 

first  six  mouths  and  the  name  of  the  city,  town  or  locality  and  county  in 
which  the  principal  business  of  the  company  is  to  be  located.  No  corpora- 
tions allowed  to  issue  or  circulate  notes,  money,  or  currency  within  the 
state,  except  those  authorized  by  the  statutes  of  the  United  States. 

Costs,  Security  for. — Security  for  costs  may  be  required  of  non  resi- 
dents commencing  suits  in  the  courts  of  this  state. 

Courts. — Terms  and  Jurisdiction  of  : 

The  following  are  the  courts  of  Nevada  :  1.  Supreme  Court.  2.  District 
Court.  3.  Justices'  Courts.  4.  Such  municipal  courts  as  the  legislature 
may  establish. 

The  Supreme  Court  has  appellate  jurisdiction  in  all  cases  in  equity ;  also~ 
in  all  cases  on  law  involving  the  title  or  right  of  possession  of  real  estate  or 
the  legality  of  any  tax,  impost,  assessment,  toll  or  municipal  fine,  or  in  which 
the  demand,  exclusive  of  interest,  exceeds  $300. 

TJie  District  Courts  shall  have  original  jurisdiction  in  all  cases  of  equity  ; 
in  all  cases  of  law  involving  the  title  or  possession  of  real  estate,  or  the 
legality  of  a  tax,  impost,  assessment,  toll  or  municipal  fine,  and  in  all  cases 
in  which  the  demand,  exclusive  of  interest,  shall  exceed  $300  ;  also  in  all 
cases  relating  to  the  estates  of  deceased  persons  and  the  persons  and  estates 
of  minors  and  insane  persons. 

Justices'  Courts  shall  have  jurisdiction  in  cases  where  the  sum  claimed, 
exclusive  of  interest,  does  not  exceed  $300. 

Court  Calendar. — 

UNITED  STATES  COURTS. 

Associate  Justice  Supreme  Court,  Stephen  J.  Field.  Circuit  Judge,  Lorenzo  Saw- 
yer, San  Franciso,  Cal.  District  Judge,  George  M.  Sabin,  Carson  City.  Clerk  of  Cir- 
cuit and  District  Courts,  and  Z^.  S.  Commissioner, 'S.  S.  Edwards,  Carson  City.  U.  S. 
District  Attorney,  Trenmor  Coffin,  Carson  City.  U.  S.  Ifarshall,  P.  S.  Corbett,  Virginia 
City. 

Terms.— CiTcnit  Court.  At  Carson  City,  3d  Monday  of  March  and  1st  Monday  of 
November.    District  Court.    At  Carson  Citj',  1st  Mondays  of  Feb.,  May  and  Oct. 

STATE  COURTS. 

Supreme  Court. — Chief  Justice,  C.  H.  Belknap.  Associate  Justices,  O.  R.  Leon- 
ard and  Thos.  P.  Hawley.  Atto'^ney  General,  Jno.  F.  Alexander.  Clerk,  Chas.  F. 
Bicknell.    P.  O.  Address  of  all,  Carson  City. 

Terms, — At  Carson  City,  1st  Monday  of  January,  April,  July  and  October. 

DISTRICT  COURTS. 

By  Judiciary  Act  of  1885,  all  tei'ms  of  District  Courts  abolished,  and  District 
Courts  are  always  open. 

Curtesy  and  Dower. — Abolished  in  this  state. 

Deeds. — Conveyances  of  lands,  or  of  any  estate  or  interest  therein,  may 
be  made  by  deed,  signed  by  the  person  from  whom  the  estate,  or  interest,  is 
intended  to  pass,  being  of  lawful  age,  or  by  his  agent,  or  attorney,  and  ac- 
knowled  or  proved  and  recorded. 

The  proof  of  acknowledgment  of  every  conveyance  effecting  auy  real 
estate  shall  be  taken  by  some  one  of  the  following  officers  :  1st.  If  acknow- 
ledged or  proved  within  this  state,  by  some  judge  or  clerk  of  a  court,  having 
a  seal,  or  some  notary  public  or  justice  of  the  peace,  provided,  when  the  ac- 
knowledgment is  taken  before  a  justice  of  the  peace,  in  any  other  county 
than  that  in  which  the  real  estate  is  situated,  the  same  shall  be  accompanied 
by  the  certificate  of  the  clerk  of  the  district  court  of  said  county,  as  to  the 
official  character  of  the  justice  taking  the  proof,  or  acknowledgment,  and 
the  authenticity  of  liis  signature.  2d.  If  acknowledged  or  proved  without 
[Nev.  4.1 


NEVADA  TERRITORY.  543 

this  state  and  within  the  United  States,  by  some  judge  or  clerk  of  any  court 
of  the  United  States,  or  of  any  state  or  territory  having  a  seal,  or  by  any 
commission  appointed  by  the  govenunent  of  this  state  for  that  purpose,  or 
by  a  justice  of  tlie  peace  of  any  county,  in  any  state  or  territory  in  the 
United  States,  accompanied  by  the  certificate  of  tlie  clerk  of  a  court  of 
record  of  the  county,  having  a  seal,  as  to  the  official  character  of  the  justice 
and  the  authenticity  of  liis  signature. 

Such  certificate  shall  be  substantially  as  the  following  form,  to-wit: 
"State  of  Nevada,  county  of on  this day  of A.  D. -per- 
sonally appears  before  me,  a  notary  public  (or  judge,  or  officer,  as  the  case 
may  be)  in  and  for  said  county,  A.  B.,  known  to  me  to  be  the  person  de- 
scribed in  and  who  executed  the  foregoing  instrument,  who  acknowledged 
to  me  that  he  executed  the  same  freely  and  voluntarily  and  for  the  uses  and 
purposes  therein  mentioned." 

Descent  and  Distribution. — When  any  person  having  title  to  any  estate, 
not  othei"n'ise  limited  by  marriage  contract,  sliall  die  intestate  as  to  such 
estate,  it  shall  descend  and  be  distributed,  subject  to  the  payment  of  his  or 
her  debts,  in  the  following  manner :  1st.  If  there  be  a  surviving  husband,  or 
wife,  and  only  one  child,  or  the  lawful  issue  of  one  child,  in  equal  shares  to 
the  sui-\nving  husband,  or  wife  and  child,  or  issue  of  such  child.  If  there 
be  a  surviving  husband  or  wife  and  more  than  one  child,  or  one  child  living 
and  the  lawful  issue  of  one  or  more  deceased  children,  one-third  to  the  sur- 
viving husband  or  wife  and  the  remainder,  in  equal  shares,  to  his  or  her 
children  and  to  the  lawful  issue  of  any  deceased  child,  by  right  of  represen- 
tation. If  there  be  no  child  of  the  intestate  living  at  the  time  of  his  or  her 
death,  the  remainder  shall  go  to  all  of  his  or  her  lineal  descendants ;  and  if 
all  the  said  descendants  are  in  the  same  degree  of  kindred  to  the  intestate 
they  shall  share  equally,  otherwise  they  shall  take  according  to  the  right  of 
representation.  2d.  If  he  or  she  should  leave  no  issue,  the  estate  shall  go  in 
equal  shares  to  the  surviving  husband  or  wife,  and  to  the  intestate's  father. 
If  he  or  she  shall  leave  no  issue,  or  husband  or  wife,  the  estate  shall  go  to 
his  or  her  father.  3d.  If  there  be  no  issue,  nor  husband,  nor  wife,  nor 
father,  then  in  equal  shares  to  the  brothers  and  sisters  of  the  intestate  and 
to  the  children  of  any  deceased  brother  or  sister  by  right  of  representation ; 
provided,  that  if  he  or  she  shall  leave  a  mother,  also,  she  shall  take  an  equal 
share  with  the  brothers  and  sisters.  4th.  If  the  intestate  shall  leave  no 
issue,  nor  husband,  nor  wife,  nor  father,  and  no  brother  nor  sister  living  at 
the  time  of  his  or  her  death,  the  estate  shall  go  to  his  or  her  mother,  to  the 
exclusion  of  the  issue,  if  any,  of  the  deceased  brothers  and  sisters.  5th.  If 
the  intestate  shall  leave  no  issue,  nor  husband,  nor  wife,  and  no  father, 
mother,  brother,  nor  sister,  the  estate  shall  go  to  the  next  of  kin,  in  equal 
degree,  excepting  that  when  there  are  two  or  more  collateral  kindred  in 
equal  degree,  but  claiming  through  different  ancestors,  those  who  claimed 
through  the  nearest  ancestors  shall  be  preferred  to  those  claiming  through 
ancestors  more  remote.  If  the  intestate  shall  leave  no  husband  nor  wife, 
nor  kindred,  the  estate  shall  escheat  to  the  state  for  the  support  of  common 
schools. 

Depositions. — The  deposition  of  a  witness  out  of  this  state  shall  l)e  taken 
upon  commission,  issued  out  of  the  and  under  the  seal  of  the  court,  upon 
the  application  of  either  party,  upon  five  days'  previous  notice  to  the  other. 
It  shall  be  issued  to  a  person  agreed  on  by  the  parties,  or  if  they  do  not 
agree,  to  any  jvulge  or  justice  of  the  peace,  selected  by  the  officer  granting 
tiie  commission,  or  to  a  commissioner  appointed  by  the  governor  of  this  state 
to  take  affidavits  and  depositions  in  other  states  and  territories. 

Divorces. — May  be  granted  for  the  following  groinids,  when  the  plaintiff 
has  resided  six  months  in  the  county  wherein  the  suit  is  brought :  1.  Impo- 
teucy  at  the  time  of  marriage,  continuing  to  the  time   of  the  divorce.     2. 

[Nev.  5] 


544  NEVADA  TERRITORY. 

Adultery  siuce  the  marriage,  remaining  unforgiven.  3.  Wilful  desertion, 
at  any  time,  of  either  party  by  the  other,  for  the  period  of  one  year.  4. 
Conviction  of  felony  or  infamous  crime,  5.  Habitual  gross  druiikeuness, 
contracted  since  marriage  of  either  party  which  shall  incapacitate  such  party 
from  contributing  his  or  her  share  to  the  support  of  the  family.  6.  Extreme 
craelty  in  either  party.  7.  Neglect  of  the  husband  for  the  period  of  one 
year  to  provide  the  common  necessaries  of  life. 

Evidence. — There  shall  be  no  evidence  of  the  contents  of  a  writing,  ex- 
cept the  writing  itself.  Except  in  the  following  cases  :  1.  AVhen  the  origi- 
nal has  been  lost  or  destroyed,  in  which  proof  of  the  loss  or  destniction  shall 
first  be  made.  2.  When  the  original  is  in  the  possession  of  the  party  against 
whom  the  evidence  is  offered,  and  he  fails  to  produce  it  after  reasonable  no- 
tice. 3.  When  the  original  is  a  record,  or  other  document,  in  the  custody  of 
a  public  officer,  or  officer  of  a  corporation.  4th.  When  the  original  has  been 
recorded  and  a  certified  copy  of  the  record  is  made  evidence  by  statute. 
5th.  When  the  original  consists  of  numerous  accounts,  or  other  documents, 
which  camiot  be  examined  in  court  without  great  loss  of  time,  and  the  evi- 
dence sought  fnsm  them  is  only  the  general  result  of  the  whole. 

Executors.^ — No  person  shall  be  deemed  competent  to  serve  as  executor 
who  at  the  time  of  tlie  will  proved,  shall  be  :  1st.  Under  the  age  of  ma- 
jority ;  or,  2d.  Who  shall  have  been  convicted  of  an  infamous  crime  ;  or. 
3.  Who,  upon  proof,  shall  be  adjudged  by  the  court  incompetent  to  execute 
the  duties  of  the  trust  by  reason  of  drunkenness,  imprudence,  or  want  of 
understanding.  If  any  such  person  be  named  as  the  sole  executor  to  any 
will,  or  if  all  the  i>ersons  named  as  executors  are  incomiJetent  or  shall  re- 
nounce, or  fail  for  letters,  or  to  appear  and  qualify.  Letters  of  administra- 
tion with  the  will  annexed,  attached  shall  not  be  issued. 

Execution. — An  execution  may  issue  immediately  after  entry  of  judgment, 
and  at  any  time  within  five  years  from  entry  of  judgment,  unless  a  stay  is 
granted,  and  may  issue  to  different  counties.  All  property  of  the  debtor  not 
exempt  by  law  is  liable  to  execution.  Personal  property  is  not  affected  by  an 
execution  until  a  levy.  In  district  court,  executions  are  returnable  m  not 
less  than  ten  nor  more  than  sixty  days  after  receipt  by  sheriff.  The  same 
periods  apply  to  execution  from  a  justices'  court. 

Exemptions. — The  homestead,  amounting  to  $5,000  ;  of  personal  property 
the  following  :  1st.  Chairs,  tables,  books  and  desks  to  the  value  of  $100. 
belonging  to  the  judgment  debtor.  2d,  Necessary  household,  table  and 
kitchen  furniture,  belonging  to  the  judgment  debtor,  including  stove,  stove- 
pipe and  stove  furniture,  wearing  apparel,  beds,  bedding  and  tsedsteads,  and 
provisions  and  firewood  necessary  for  family  use  for  one  month.  3d.  The 
farming  utensils  or  imxjlements  of  the  judgment  debtor  ;  also,  two  oxen,  or 
two  horses,  or  two  mules  and  their  harness,  two  cows  and  one  cart  or  wagon 
and  food  for  such  oxen,  horses,  cows  or  mules  for  one  numtli  ;  also,  all  seed, 
grain  or  vegetables  actually  provided,  reserved  or  on  hand,  for  the  purpo.se 
of  planting  or  sowing,  not  exceeding  in  value  the  sum  of  $200.  4th.  The 
tools  and  implements  of  a  mechanic  or  artizan  necessary  to  carry  on  his  trade; 
the  instruments  and  chests  of  a  surgeon,  physician,  surveyor  and  dentist, 
necessary  to  the  exercise  of  their  profession,  with  their  scientific  or  profes- 
sional libraries,  and  the  law  libraries  of  an  attorney  or  counsellor,  and  the 
libraries  of  a  minister  of  the  gospel.  5th.  The  cabin  or  dwelling  of  a 
miner,  not  exceeding  in  value  the  sum  of  $500,  also,  his  sluices,  pipes,  hose, 
windlass,  whim,  derrick,  cars,  i)umps,  tools,  implements  and  appliances  nec- 
essary for  the  carrying  on  of  mining  operations,  not  exceeding  in  value  the 
sum  of  $500  ;  also,  two  horses,  mules  or  oxen  with  their  haniess,  and  food  for 
such  horses,  oxen  or  mules  for  one  month,  Cth.  Two  oxen,  two  horses  or 
two  mules  and  their  harness,  and  one  cart  or  wagon  by  the  use  of  which  a 
[Nev.  6.] 


NEVADA   TERRITORY.  545 

cartman,  Imckster,  poddler,  teamster  or  other  laborer  habitually  cams  his 
living,  and  one  horse  with  vehicle  and  harness  or  other  equii>nients  used  by 
a  physician,  or  surgeon,  or  minister  of  tlie  gospel  in  making  his  professional 
visits,  and  also  food  for  such  oxen,  mules  or  horses  for  one  month.  No  article 
or  species  of  property  mentioned  shall  be  exempt  from  execution,  or  a  judg- 
ment recovered  for  its  price,  or  ujjou  a  mortgage  thereon.  The  sum  of  $50 
is  exempt  from  the  wages  of  a  jjerson  for  the  thirty  days  next  preceding  the 
levy  of  an  executi<m. 

False  Pretenses. — If  any  person  by  false  representations  of  his  own  wealth 
<ir  mercantile  (correspondence  and  connections,  shall  obtain  a  credit  thereby, 
and  defraud  any  person  or  j)ersons  of  money,  goods,  chattels  or  any  valuable 
thing,  or  if  any  person  shall  cause  or  procure  others  to  reiJort  falsely  of  his 
wealth  or  mercantile  charactei-,  and  by  thus  imposing  ujion  any  person  or 
persons,  obtain  credit  and  thereby  fraudulently  get  into  possession  of  goods, 
wares  and  merchandise  or  other  valuable  thing,  every  such  offender  shall  be 
deemed  a  swindler,  and  on  conviction,  shall  be  sentenced  to  deliver  the  prop- 
erty so  fraudulently  obtained,  if  it  can  l)e  done,  and  shall  be  fined,  not  ex- 
ceeding one  thousand  dollais  and  imprisoned  in  the  county  jail  not  more 
than  six  months. 

Frauds,  Statute  of. — All  deeds  of  gift,  conveyance,  and  all  transfers  or 
assignments,  verbal  or  written,  of  goods,  chattels,  or  things  in  action,  made 
in  trust,  for  the  use  of  the  person  making  the  same,  shall  be  void  as  against 
the  creditors  existmg  or  subsequent  of  such  person.  In  the  following  cases 
every  agreement  shall  be  void,  unless  such  agi'eement  or  some  note  or  memo- 
randum thereof,  expressing  the  consideration,  be  in  writing,  and  subscribed 
by  the  party  charged  therewith:  1st.  Every  agreement,  that  by  the  terms, 
is  not  to  be  performed  within  one  year  from  the  making  thereof;  2d.  Every 
sjHicial  promise  to  answer  for  the  debt,  default,  or  miscarriage  of  another ; 
;W.  Every  promise  or  undertaking  made  upon  consideration  of  marriage,  ex- 
cept mutual  promises  to  marry. 

Every  contract  for  the  sale  of  any  goods,  chattels,  or  things  in  action,  for 
the  price  of  $50,  or  over,  shall  be  void,  unless  :  1st.  A  note  or  memorandum 
of  such  contract  be  made  in  writing,  and  be  subscribed  by  the  parties  to  be 
charged  therewith  ;  or  2d.  Unless  the  buyer  shall  accept  or  receive  part  of 
such  goods,  or  the  evidence,  or  some  of  them,  of  such  things  in  action ;  or 
3d.  Unless  the  buyer  shall  at  the  same  time  pay  some  part  of  the  jmrchase- 
money. 

Every  sale  made  by  a  vendor  of  goods  and  chattels  in  his  possession  or  un- 
der his  control,  and  every  assignment  of  goods  and  chattels,  unless  the  same 
be  accompanied  by  an  immediate  delivery,  and  be  followed  by  an  actual  and 
continued  change  of  possession  of  things  sold  or  assigned,  shall  be  conclu- 
sive evidence  of  fraud  as  against  the  creditors  of  the  vendor,  or  the  creditors 
of  the  person  making  such  assignment,  or  subsequent  purchasers  in  good 
faith. 

Garnishments. — Debts  and  credits,  and  other  property  not  callable  of 
manual  delivery,  may  be  attached  in  execvition,  in  like  manner  as  upon  writs 
of  attachment. 

Grace. — Three  days  are  allowed  on  i)romissory  notes  and  bills,  except  on 
sight  bills  or  drafts. 

Homestead. — (See  Exemption  a. ) 

Insolvent  Laws. — Evciy  insolvent  debtor  owing  $500.  may  be  discharged 
from  his  debt  by  an  assignment  of  all  his  property,  real  and  personal,  or' 
mixed,  for  the  benefit  of  his  creditors.     The  petitioning  debtor  must  have 

[Nev.  7:] 


546  NEVADA   TERRITOKY. 

resided  in  the  county,  wliere  lie  applies  for  a  decree  of  discharge  from  his 
debts,  for  the  period  of  one  year  before  the  tiling  of  his  petition,  and  must 
surrender  property  for  his  creditors  equal  to  one-half  the  value  of  his  debts. 

Interest. — The  legal  rate  is  ten  per  cent,  per  annum,  but  parties  may  con- 
tract in  writing  for  the  payment  of  any  other  rate.  After  a  judgment  on 
such  a  contract,  only  the  original  claim  shall  draw  interest. 

Judgments. — A  judgment  becomes  a  lien  upon  the  real  estate  of  the  judg- 
ment debtor,  not  exempt  from  execution  within  the  county  where  it  is  ren- 
dered, from  the  time  it  is  docketed,  and  remains  a  lien  for  two  years.  A  cer- 
tified transcript  filed  with  the  recorder  of  another  county,  has  the  same  effect 
in  that  county.  Judgments  take  precedence  in  the  order  in  which  tliey  are 
docketed.  A  judgment  in  a  justices'  court  also  becomes  a  lien  upon  the 
filing  and  recording  of  a  certified  transcript  thereof  in  the  ofiice  of  the 
county  recorder  of  the  county  in  which  judgment  is  rendered.  "When  such 
transcript  is  to  be  filed  in  another  county  than  that  in  which  the  justice  re- 
sides, it  shall  be  accompanied  by  a  certificate  of  the  county  clerk,  as  to  the 
official  character  of  the  justice. 

Under  the  head  of  service,  the  several  periods  in  which  a  party  must  plead 
is  shown.  In  actions  at  law  for  a  specific  sum  of  money,  judgment  can  be 
entered  immediately  upon  default ;  in  other  cases  application  has  to  be  made 
to  the  court. 

A  written  contract  providing  for  an  attorney  fee,  in  case  of  suit  for  collec- 
tion, would  not,  probably,  be  a  promissory  negotiable  note  ;  but  if  mortgages 
and  such  contracts  provide  an  attorney  fee,  the  fee  can  be  taxed  up,  if  rea- 
.sonable. 

Justices  of  the  Peace. — Justices  of  the  peace  have  jurisdiction  in  the 
justices'  courts,  in  actions  on  contract  for  the  recoveiy  of  money  only.  If 
the  sum  claimed,  exclusive  of  interest,  does  not  exceed  three  hundred 
dollars. 

Landlord  and  Tenant.— When  any  person  or  persons  shall  hold  over  any 
lands,  tenements,  or  other  possessions,  after  the  termination  of  the  time  for 
which  they  were  demised  or  let  to  him,  her  or  them,  or  to  the  person  or  per- 
sons under  whom  he,  she,  or  they  hold,  or  after  any  rent  shall  become  due, 
according  to  the  terms  of  such  lease  or  agreement,  and  shall  remain  occupied 
for  the  space  of  three  days  after  the  demand  for  the  payment  thereof,  in  all 
;such  cases,  if  the  lessor,  his  heirs,  executors,  administrators,  assigns,  agent, 
or  attorney,  shall  make  demand  in  writing,  of  such  tenant  or  tenants,  or  any 
person  in  possession  of  the  premises  held  as  aforesaid  ;  and  if  such  tenant  or 
tenants,  or  person  or  persons  in  possession  of  the  premises,  shall  refuse  or 
oieglect,  for  the  space  of  three  days  after  such  demand  to  quit  the  possession 
•of  such  lands  or  tenements,  or  to  pay  the  rent  due  and  unpaid,  as  aforesaid, 
lupon  complaint  therefor  to  any  justice  of  the  peace  of  the  proper  county,  the 
justice  shall  proceed  to  hear,  try  and  determine  the  same  in  manner  as  pro- 
vided by  law. 

Leases. — Every  contract  for  the  leasing  for  a  longer  period  than  one  year, 
or  for  the  sale  of  any  land,  or  any  interest  in  land,  sliall  be  void,  unless  the 
contract,  or  some  note  or  memorandum  thereof  expressing  the  consideration, 
be  in  writing  and  subscribed  by  the  party  to  whom  the  lease  or  sale  is  to  be 
made. 

Licenses. — Any  minister  of  the  gospel  must,  before  solemnizing  marriages, 
procure  a  license  therefor  from  any  district  court  in  the  state. 

Liens. — Every  person  performing  labor  upon,  or  furnishing  material  of  the 
value  of  $r)00  or  more,  to  be  used  in  the  construction,  alteration  or  repairs 
[Ncv.  8.1 


NEVADA   TERRITORY.  547 

of  any  building,  or  other  superstructures  *  *  has  a  lien  upon  the  same, 
for  the  work  or  labor  done,  or  material  furnished  by  each  respectively,  whetln-r 
done  or  furnished  at  the  instance  of  the  owner  of  the  building  or  other  im- 
provement, or  his  agent.  All  miners  and  other  laborers  who  perform  So.OO 
worth  of  work  ujion  any  mine,  shaft  or  tunnel,  have  a  lien  upon  the  same  for 
the  amount  and  value  of  work  and  labor  perfonned. 

These  liens  are  preferred  to  any  lien,  mortgage,  or  other  incumbrance 
"which  may  have  attached  subsequent  to  the  time  when  the  building  or  super- 
structure was  commenced,  work  done,  or  materials  were  comrrtenced  or  fur- 
nished, also  to  any  lien,  mortgage,  or  other  incumbrance  of  which  the  lien 
holder  had  no  notice,  and  which  was  unrecorded  at  the  time  the  building  or 
structure  was  commenced. 

Every  original  contractor,  within  sixty  days  after  the  completion  of  his 
contract,  and  every  person  save  the  the  original  contractor  must,  within  thirty 
days  after  the  completion  of  any  building,  etc.,  filefor  record  with  the  county 
recorder  of  the  county  in  which  the  property  or  some  part  thereof  is  situated, 
a  claim  containing  a  statement  of  his  demand,  which  claim  must  be  veriiiiHl 
by  the  oath  of  himself  or  some  other  person. 

No  lien  binds  any  building,  mining  claim,  improvement  or  structure  for  a 
longer  period  than  six  months  after  the  same  has  been  filed,  luiless  proceed- 
ings be  commenced  in  a  proper  court  within  that  time  to  enforce  the  same  ; 
or  if  a  credit  be  given  the  ninety  days  after  the  expiration  of  such  credit. 

Liens  rank  as  follows  :  1st.  All  persons  other  than  the  original  contractors 
and  sub-contractors  ;  2d.  The  sub-contractors  ;  3d.  The  original  contractors. 

A  judgment  becomes  a  lien  upon  all  the  real  property  of  the  judgment 
debtor,  not  exempt  from  execution  in  the  county  owned  by  him  at  the  time 
or  which  he  may  afterwards  acquire,  until  the  said  lien  expires.  It  becomes 
a  lien  from  the  time  the  judgment  is  docketed,  and  continues  for  two  years, 
unless  the  judgment  is  previously  satisfied. 

A  transcript  of  the  judgment  filed  in  the  office  of  the  county  recorder  of 
another  county,  becomes  a  lien  upon  all  the  real  property  of  the  judgment 
debtor  in  that  county,  and  continues  f(^)r  two  years. 

Limitations  of  Actions. — Four  years,  parole  contracts,  open  accounts,  ac- 
tions, contracts  not  founded  on  written  instruments.  Six  (6)  years  on  action 
on  judgments  and  written  contracts,  such  as  promissory  notes,  etc. 

Limited  Partnerships. — Persons  desiring  to  form  limited  partnerships, 
shall  make  and  severally  sign  a  certificate  which  shall  contain  the  name  or 
firm  under  which  said  partnership  is  to  be  conducted,  the  names  and  respec- 
tive places  of  residence  of  all  the  general  and  special  partners,  distinguishing 
Tvho  are  general  and  who  are  special  partners,  the  amount  of  capital 
which  such  special  partner  has  contributed  to  the  capital  stock,  the 
general  motive  of  the  business  to  be  transacted;  and  the  time  when  the  part- 
nership is  to  commence,  and  when  it  is  to  terminate.  Such  certificate  shall 
be  acknowledged  by  all  the  partners,  before  some  officer  authorized  to  take 
acknowledgment  of  deeds,  and  recorded  in  the  office  of  the  recorder  of  the 
county  where  the  principal  place  of  business  of  the  partnership  may  be. 

Married  "Women. — All  property  of  the  wife  owned  by  her  before  marriage 
and  that  acquired  by  her  afterwards  by  gift,  devise  or  descent,  with  the  rents, 
issues  and  profits  thereof,  is  her  separate  property  ;  and  all  property  of  the  hus- 
band owned  by  him  before  marriage  and  that  acquired  by  him  afterwards  by 
gift,  bequest,  devise  or  descent,  with  the  rents,  issues  and  profits  thereof,  is  his 
separate  property.  All  the  property  acciuired  after  marriage  by  eitherhusband 
orwife,  or  both,  except  the  following,  is  community  property  :  Exception,  1st. 
The  earnings  and  accumulation  of  the  wife  and  of  her  minor  children  living 
with  her  or  in  her  custody,  while  she  isliving  separate  from  her  husbandarethe 
separate  property  of  the  wife.  Exception,  2d.  When  the  husband  has  allowed 
the  wife  to  appropriate  to  her  own  use  her  earnings,  the  same  with  the  issues 

[Xcv.  9.] 


648  NEVADA  TERRITORY. 

and  profits  thereof,  is  deemed  as  gift  from  him  to  her  and  is  with  such  issues 
and  profits  her  separate  property.  The  earnings  of  the  wife  are  not  liable 
for  the  debts  of  the  husband.  The  separate  property  of  the  wife  is  not  liable 
for  the  debts  of  the  husband,  but  is  liable  for  her  own  debts  contracted 
before  or  after  marriage.  If  the  husband  neglects  to  make  adequate  pro- 
vision for  the  support  of  his  wife,  any  other  person  may  in  good  faith,  sup- 
ply her  with  articles  necessary  for  her  support,  and  receive  the  reasonable 
value  thereof  from  the  husband.  A  husband,  abandoned  by  his  wife,  is  not 
liable  for  her  support  until  she  offers  to  return,  unless  she  was  justified  by  his 
misconduct  in  abandoning  him. 

Mechanics'  Liens.— ('See  Liens.) 

Minors. — All  male  persons  of  the  age  of  twenty-one  years,  and  all  females 
of  the  age  of  eighteen  years,  and  who  ai'e  under  no  legal  disability,  should 
be  capable  of  entering  into  any  contracts  and  shall  be,  to  all  intents  and  pur- 
poses, held  and  considered  to  be  of  lawful  age. 

Mortgages. — A  mortgage  of  real  property,  whatever  its  terms,  shall  not 
be  deemed  a  conveyance,  so  as  to  enable  the  owner  of  the  mortgage  to  recover 
possession  of  the  real  property,  without  a  foreclosure  and  sale. 

But  one  form  of  action  for  the  recovery  of  any  debt,  or  enforcement  of  any 
right  secured  by  lien  or  mortgage  upon  property,  real  or  personal,  which  is 
by  action  for  foreclosure.  Judgment  is  for  amount  found  due,  with  a  decree 
or  order  of  sale  of  incumbered  property,  and  for  the  application  of  the  pro- 
ceeds to  the  payment  of  the  debt ;  balance  remaining  due,  if  any,  is  dock- 
eted against  the  defendant  personally  liable.  It  is  only  necessary  that  the 
mortgagee  should  join  in  discharge.  The  discharge  may  be  made  either 
upon  the  margin  of  the  record  of  the  mortgage,  or  by  satisfaction  piece  duly 
acknowledged  and  recorded.  Before  any  satisfaction  or  discharge  of  a 
mortgage  can  be  made,  the  law  exacts  an  oath  by  the  mortgagee,  or  agent  of 
mortgagee,  to  be  made  before  the  recorder  having  custody  of  the  record  of 
the  mortgagee,  that  all  state  and  county  taxes,  assessed  and  levied  upon  the 
moneys  or  debts  secured  by  the  mortgage,  have  been  paid.  This  oath  can 
only  be  made  before  the  county  recorder  having  the  custody  of  the  record  of 
the  mortgage  to  be  discharged. 

Notes  and  Bills  of  Exchange. — Protest  and  notice  will  hold  the  indor- 
ser  ;  and  the  general  statute  of  limitation,  six  years,  is  the  limitation  of  the 
right  of  action.  Fifteen  per  cent,  damages  are  allowed  on  domestic,  and 
twenty  per  cent,  on  foreign  bills  protested.  Grace  is  not  allowed  on  sight 
drafts. 

Oaths  and  Affidavits. — {See  Affidavits.) 

Partnerships. — Partnerships  are  governed  in  Nevada  by  the  common  law. 
The  surviving  partner  has  the  right  to  continue  in  possession  of  the  effects 
and  settle  up  its  business  and  shall  account  therefor  to  the  administrator  of 
the  deceased  partner. 

Practice. — The  practice  of  the  courts  of  Nevada  is  substantially  the  same 
as  that  of  California,  and  has  been  modeled  after  the  practice  of  the  stat«  of 
New  York. 

Proof  of  Claims. — If  a  claim  be  not  presented  within  ten  months  after  the 
first  })ublication  of  the  notice  by  the  administrator,  it  shall  be  barred  forever, 
provided,  if  it  be  not  then  due,  or  if  it  be  contingent  it  may  be  presented 
within  ten  months  after  it  shall  become  due  or  absolute  ;  and,  provided 
further,  that  when  it  shall  be  made  to  appear  by  the  affidavit  of  the  claimant 
to  the  satisfacti<jn  of  the  district  judge,  and  of  the  administrator  or  executor, 
[Nev.  10.] 


NEVADA  TERRITORY.  549 

that  the  claimant  need  no  notice,  as  provided  in  tliis  act,  by  reast)n  of  ab- 
sence from  this  state,  it  may  be  presented  at  any  time  before  a  decree  of  dis- 
tribution is  entered. 

Every  claim  presented  to  the  administrator  shall  be  supi)orted  by  the  affi- 
davit of  the  claimant,  that  the  amount  is  justly  due,  that  no  payments  have 
been  made  thereon,  and  that  tliere  are  no  off-sets  to  tlie  same,  to  tlie  know- 
ledge of  the  claimant  or  other  affiant.  The  i»ath  may  be  taken  by  any  officer 
authorized  to  administer  oaths. 

Recording. — Every  conveyance  of  real  estate  and  every  instrument  in 
writing  setting  forth  an  agreement  to  convey  any  real  estate,  or  whereby  any 
real  estate  may  be  affected,  proved,  acknowledged  or  certified  in  the  maimei- 
provided  by  law  to  operate  as  notice  to  third  persons,  shall  be  recorded  in 
the  office  of  the  recorder  of  the  county  in  which  such  real  estate  is  situated, 
but  shall  be  valid  and  binding  between  the  parties  thereto  without  such 
name. 

Redemption. — Six  months  arc  allowed  for  redemption  of  real  estate  sold 
under  execution  or  decree  in  suit  for  foreclosure  of  mortgages,  liens,  etc.,  on 
payment  to  the  purchaser,  the  purchase  mcmey  thereof  and  eighteen  per 
<5ent.  interest  thereon,  together  with  the  amount  of  taxes  or  assessments  paid 
by  the  purchaser  thereon. 

Replevin. — When  a  delivery  is  claimed,  an  affidavit  shall  be  made  by  the 
l)laintitt"  or  some  one  in  his  behalf  showing  :  1st.  That  the  plaintiff  is  the 
owner  of  the  proi)erty  claimed,  particularly  describing  it,  or  is  lawfully  en- 
titled to  the  possession  thereof.  3d.  That  the  property  is  fully  delivered  by 
the  defendant.  3d.  The  alleged  cause  of  the  detention  thereof,  according  to 
his  best  knowledge,  information  or  belief.  4th.  That  the  same  has  not  been 
taken  for  a  tax,  assessment  or  fine,  pursuant  to  a  statute,  or  served  under  an 
execution  or  an  attachment  against  the  property  of  the  plaintift',  or  if  so 
served  that  it  is  by  statute  exempt  from  such  service,  and  5th.  The  actual 
value  of  such  i)roperty. 

Revenue. — An  ad  valorum  tax  of  90  cents  on  the  $100  will  be  taxable  pro- 
perty of  the  state,  is  levied  annually.  Of  such  tax  64  cents  shall  go  to  the 
general  fund  of  the  state,  8  cents  shall  go  to  the  territorial  interest  fund,  10 
cents  shall  go  to  the  state  interest  and  sinking  fund,  o  cents  shall  go  to  the 
indigent  insane  asylum,  interest  and  sinking  fund,  and  5  cents  shall  go  into 
the  general  school  fund  of  the  state. 

Seals. — Seals  are  required  in  wills  and  executions  issued  from  district 
■courts.  The  word  "seal  "  in  the  initial  letters  L.  S.  and  other  characters  of 
like  import  opposite  the  name  of  the  signers  of  written  instruments  are 
legally  unnecessary. 

Stay  of  Execution. — If  an  appeal  be  taken  from  a  judgment  or  order  di- 
recting tlie  payment  of  money,  it  shall  not  stay  the  execution  of  the  judg- 
ment or  order,  unless  a  written  undertaking  be  executed  on  the  part  of  the 
appellant  by  two  or  more  sureties  stating  their  places  of  residence,  and  occu- 
pation, to  tlie  effect  that  they  are  bound  in  double  the  amount  named  in  the 
judgment  or  order  ;  that  if  the  judgment  or  order  appealed  from,  or  any  part 
tliereof,  be  affirmed,  the  appellant,  shall  pay  the  amount  directed  to  be  paid 
by  the  judgment  or  order,  or  the  part  of  such  amount  as  to  whicli,the  jiulg- 
ment  or  order  shall  be  affirmed,  if  affirmed  only  in  part,  and  all  damages  and 
costs  which  shall  be  awarded  against  appellant  upon  tlie  appeal. 

The  sureties  must  qualify  for  double  the  amount,  except  where  the  judg- 
ment exceeds  $;>,000,  and  the  undertaking  is  executed  by  more  than  two 
.sureties,  they  may  state  on  their  affidavit  that  they  are  severally  worth 
amounts,  less  than  that  expressed  in  the  undertaking,  if  the  whole  amount 
be  equivalent  to  that  of  two  sureties. 

[ISev.  11.1 


.550  NEVADA  TERRITORY. 

Suits. — Suits  are  instituted  by  the  filing  of  a  complaint  (in  justices'  courts 
by  the  filing  of  a  complaint  or  a  copy  of  the  account,  note,  bill,  bond  or  in- 
strument on  which  the  action  is  brought)  and  the  issuance  of  a  summons. 

Supplementary  Proceedings. — When  an  execution  against  the  property 
of  the  judgment  debtor,  or  any  one  of  the  several  judgment  debtors  in  the 
same  judgment,  to  the  sheriff  (or  constable)  of  the  county  where  he  resides, 
or  if  he  does  not  reside  in  this  state,  to  the  sheriff  of  the  county  where  the 
judgment  roll  is  filed,  is  returned  unsatisfied  in  full  or  in  part,  the  judgment 
creditors,  at  any  time  after  such  return  is  made,  shall  be  entitled  to  an  order 
from  the  judge  of  the  court,  requiring  such  judgment  debtor  to  appear  and 
answer  upon  oath,  concerning  his  property,  before  such  judge  (or  justice  of 
the  peace, )  or  a  referee  appointed  by  him  at  a  time  and  place  specified  in  the 
order. 

Taxes. — {See  Revenue.) 

Trust  Deeds. — The  common  law  is  applicable  thereto. 

Usury. — There  are  no  usury  laws  in  the  state.  That  is,  parties  may  agree 
upon  such  a  rate  of  interest  as  they  please. 

Wages. — The  sum  of  $50  is  exempt  from  execution  or  attachment  of  the 
wages  of  a  person,  earned  during  the  thirty  days  next  preceding  the  order 
therefor.  The  wages  of  a  miner,  mechanic,  salesman,  servant,  clerk  or  la- 
borer, amounting  to  $200,  rendered  in  ninety  days  next  preceding  the  assign- 
ment of  any  property,  real  or  jjersonal,  upon  which  labor  or  service  by  such 
persons  have  been  performed,  are  preferred  claims  are  to  be  j^aid  first. 

Wills. — Every  person  over  the  age  of  eighteen  years,  of  sound  mind,  may, 
by  last  will,  dispose  of  his  or  her  estate,  real  or  personal.  The  same  being 
chargeable  with  the  payment  of  the  testator's  debts. 

The  will  must  be  in  writing,  signed  by  the  testator,  and  sealed  with  his 
seal,  or  by  some  one  in  his  presence  and  by  his  express  direction,  and  attested 
by  at  least  two  competent  witnesses,  subscribing  their  names  to  the  will,  in 
presence  of  the  testator. 

Witnesses. — All  persons  without  exception  (otherwise  those  hereafter 
specified),  and  who  having  organs  of  sense  can  perceive,  and  perceiving  can 
make  known  their  preceptions  to  others,  may  be  witnesses  in  any  action  or 
proceeding  in  any  court  in  this  state.  Facts  which,  by  the  common  law, 
would  cause  the  exclusion  of  witnesses,  may  still  be  shown  for  the  purpose 
of  affirming  their  credibility. 


rNev.  12  ] 


NEVADA  TERRITORY. 


351 


ATTORNEYS    IN    NEVADA   TERRITORY. 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  population. 
Figures  after  names  wiien  admitted  to  the  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (I)  our  Compiler  of  Laws. 
A  dagger  (tJ  former  recommendations  withdrawn. 


PLACE. 

COUNTY, 

Austin 

Lander 

Belmont 

Nye 

Carson  City 

Ormsby 

Dasrton 

Lyon 

Elka 

Elka 

Eureka 

Eureka 

Genoa 

Douglass 

Hamilton 

White  Pine 

Hawthorne 

Esmerald 

Pioche 

Lincoln 

Reno 

Washoe 

St.  Clair 

Churchill 

Stillwater 

Churchill 

Virginia  City 

Storey 

Winnemucca 

Humboldt 

NAMES  OP    ATTORNEYS.     POPULA-N. 

H.  T.  Creswell.  2,150 

John  Reynolds.  300 

T.  Coffin.  4,500 

G.  W.  Keith.  600 

Talbott  &  Farrington.  752 

Hon.  Peter  Breen.  4,207 

D.  W.  Virgin. .  '     313 

A.  B.  Freece.  1,000 

A.  W.  Crocker.  650 

G.  W.  Sawyer.  800 

J.  F.  Alexander.  2,000 

L.  Allen.  159 

W.  J.  Brandon.  214 

U  J.  W.  Whitcher.  -,0017 

^     See  Card  in  Appendix,  paxje  xiv.  ^"j''^  ' 

W.  S.  Bonnifield.  1.80'5 


BANKS  IN  NEVADA  TERRITORY. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  of  o 
bank  in  each  county  of  this  territory  in  which  such  a  banking  institution  is  located. 


PLACE. 

Aurora 

Austin 

Carson  City 

Carson  City 

Elko 

Eureka 

Pioche 

Reno 

Taylor. 

Virginia  City 


Winnemucca 


NAME   OF    BANK. 

C  Novacovich 

Paxton  &  Curtis 

Bullion  &  Exchange  Bank 

Wells,  Fargo  k,  Co 

•J  Henderson 

Eureka  County  Bank 

W  E  Griffin 

First  National  Bank 

Taylor  Bank 

Bank  of  California 

Nevada  Bank  of  Sau  Frau. 

Wells,  Fargo  ic  Co 

N  Delbancu 


PAID  tir 

CASHIER. 

CAPITAL. 

C.  P.  Soule. 

Theo.  R.  Hoffer. 

$  40,000 

E.  F.  Pierce,  Agent. 

50,000 

H.  T.  Hoadley. 

100,000 

J.  V.  Keeley. 

15,000 

Chas.  T.  Bender. 

100,000 

Sol.  Hilp. 

10,000 

Geo.  A.  Morgan. 

.1.  F.  Bigelow,  Agt. 

('.  C.  Preudergast,  Agt. 

75,ooq 


STATE  OF 

NEW  HAMPSHIRE. 

SUMMARY  OF 

Collection    Laws. 

Court  Calendar,  Instructions  for  taking  Depositions,  Legal  Forms.  Etc. 

Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "Showers' 

Legal  Directory  and  Merchants'  Guide,"  for  1888,  by 

Geo.  M.  Fletcher,  of  the  Concord  Bar. 

Acknowledgments. — Of  deeds  or  other  conveyances  of  real  estate  must  be 
made  before  a  justice,  notary  public  or  commissioner,  or,  in  foreign  countries, 
before  a  minister  or  consul  of  the  United  States.  Tlie  signature  of  the  gran- 
tor must  be  attested  by  two  or  more  witnesses. 

Actions. — Original  forms  of  process  are,  writs  of  attachments,  capias, 
summons,  replevin  and  trustee  process,  or  foreign  attachment.  In  actions 
brought  by  non-residents,  some  responsible  resident  is  required  to  indorse 
the  writ.  The  attorney  bringing  the  suit  may  be,  and  usually  is,  the 
indorser. 

If  either  party  resides  in  this  state,  transitory  actions  should  be  brought 
in  the  county  in  which  one  of  the  party  resides.  If  neither  party  resides  in 
the  state,  the  action  may  be  brought  in  any  county. 

Administration  of  Estates  of  Deceased  Persons.— Administration  is 
granted  1st,  to  the  executor  named  in  the  will  ;  2d,  to  the  widow,  or  any  of 
the  next  of  kin  or  such  suitable  person  as  any  of  them  nominate  ;  3d,  to  a 
devisee  or  creditor  ;  4th,  to  such  person  as  the  judge  of  probate  thinks 
proper.  No  action  can  be  maintained  against  an  administrator  if  commenced 
within  a  year  after  original  grant  of  administration,  nor  until  payment  of 
the  debt  has  been  demanded  of  the  administrator.  Claims  must  be  shown 
to  the  administrator  within  two  years  of  the  original  grant  of  administration, 
and  actions  must  be  commenced  within  three  years  after  such  grant,  time  of 
suspension  of  administration  not  included. 

Estates  are  distributed  in  the  following  order:  1st,  just  expenses  of  ad- 
ministration ;  2d,  funeral  expenses  ;  3d,  allowance  to  widow  ;  4th,  debts  ; 
expenses  of  last  sickness  are  preferred  to  other  debts  ;  5th,  support  of  chil- 
dren until  seven  years  of  age,  if  estate  is  solvent ;  Oth,  legacies.  Any  estate 
may  be  administered  as  insolvent,  in  which  case  claims  must  be  presented  to 
and  allowed  by  commissioners  within  the  time  named  in  their  commission 
(six  to  nine  months).  A  creditor  or  administrator  may  appeal  from  the  order 
of  the  commissioners  to  the  supreme  court. 

Affidavits. — May  be  made  before  any  officer  autliorized  to  take  deposi- 
tions. 

Aliens. — Resident  aliens  can  take,  hold  and  convey  real  estate,  and  the 
same  descends  as  though  thev  were  native  born  citizens. 


NEW  HAMPSHIRE.  553 

Appeals. — May  be  taken  from  any  police  or  justice  court  to  the  supreme 
court.  It  must  be  claimed  within  two  hours  after  Judgment  rendered,  and 
bond  to  pay  costs  must  be  given.  Appeals  may  be  taken  from  probate  court 
to  supreme  court,  if  claimed  in  writing  within  sixty  days  after  judgment 
rendered  and  security  to  prosecute  appeal  and  pay  coBts  must  be  given. 

Arrests. — No  woman,  sherifl',  or  voter  on  election  day,  is  liable  to  arrest 
on  civil  process.  No  person  is  liable  to  arrest  on  real  action  or  action  of  eject- 
ment, or  on  action  founded  on  contract,  unless  the  debt  exceeds  thirteen  dol- 
lars and  thirty-three  cents,  and  then  only  by  its  appearing  by  affidavit  on  the 
back  of  the  writ,  or  execution  signed  by  the  plaintiff,  or  some  one  for  him, 
that  the  defendant  is,  in  his  belief,  justly  indebted  to  him  in  a  sum  exceeding 
thirteen  dollars  and  thirty-three  cents,  and  that  he  conceals  his  property,  or 
is  about  to  leave  the  state,  to  avoid  payment  of  his  debts. 

Assignments. — Are  made  to  the  judge  of  probate  for  the  county  in  which 
the  debtor  resides,  and  must  be  for  the  benefit  of  all  creditors  alike.  An 
assignment  has  no  effect  until  filed  with  the  judge  or  register  of  probate. 
Within  ten  days  of  such  filing,  the  debtor  must  file  in  the  probate  oflice  a 
list  of  creditors  with  their  residences,  and  within  fifteen  days,  must  file  a  list 
of  all  his  property  ;  both  lists  must  be  sworn  to. 

The  judge  appoints  a  messenger  to  take  charge  of  the  property  who  may 
sell  perishable  property.  Notice  is  given  to  the  creditors  by  the  judge  per- 
sonally, or  by  publication  of  a  meeting  to  select  an  assignee. 

Upon  the  written  recommendation  of  two-thirds  in  number  and  a  majority 
in  value  of  those  who  have  jiroved  their  claims  by  their  oath,  the  judge  ap- 
points an  assignee  who  cannot  be  a  creditor  of  the  debtor.  Every  creditor 
must  file  in  the  probate  office,  within  one  month  after  the  assignment,  a  dis- 
tinct statement  of  his  claim  and  the  offsets  thereto,  verified  by  his  oath  or 
that  of  his  agent,  as  follows  :  '"I  do  solemnly  swear  (or  affirm)  that,  accord- 
ing to  the  best  of  my  knowledge  and  belief,  the  above  is  a  true  statement  of 

my  claim  against ,  and  that  I  have  not  on  my  books  or  elsewhere,  any 

credit,  or  any  knowledge  of  any  credit  that  should  be  allowed  against  my 
claim,  except  what  is  stated  in  the  foregoing  account,  so  help  me  God.'''' 

Objection  to  any  claim  must  be  filed  in  the  probate  office  within  three 
months.  Upon  cause  shown,  the  judge  may  give  furthertime,  not  exceeding 
two  months,  to  any  party  omitting  to  file  his  claim  or  objection.  An  account 
must  be  rendered  within  six  months,  and  the  estate  settled  within  one  year, 
but  with  the  consent  of  a  majority  of  the  creditors  in  number  owning  a  ma- 
jority of  the  debts,  the  judge  may  grant  further  time.  Creditors  holding  the 
obligations  of  the  debtor  aggregating  three  hundred  dollars,  may  petition 
him  into  insolvency.  A  messenger  is  appointed,  and  the  proceedings  are  the 
same  as  in  case  of  a  voluntary  assignment. 

An  assignment  to  the  judge  of  probate  for  the  benefit  of  creditors  vacates 
all  attachments  except  those  made  three  months  previous  to  the  assignment: 
it  also  vacates  all  payments,  pledges,  mortgages,  conveyances,  sales  and  trans- 
fers, made  within  three  months  next  before  the  assignment,  and  after  August 
28th,  1885,  and  before  the  first  of  September,  1885,  and  all  payments,  pledges, 
mortgages,  conveyances,  sales  and  transfers  whenever  made,  if  fraudulent  as 
to  creditors,  and  the  assignee  may  recover  and  hold  such  property,  provided 
that  sales  of  real  or  personal  estate,  in  the  ordinary  course  of  business,  are 
deemed  valid  if  the  purchaser  receives  the  property  in  good  faith,  and  pro- 
vided also  that  any  mortgage  given  within  said  three  months  to  secure  a  debt 
created  at  the  time  of  giving  the  mortgage,  shall  be  valid,  or  the  considera- 
tion returned  to  the  mortgagee. 

Upon  the  debtor  producing  at  the  first  meeting  of  the  creditors  the  proper 
affidavit,  and  if  his  debts  exceed  three  hundred  dollars,  and  also  producing 
an  agreement  signed  by  three-fourths  of  his  creditors,  holding  three-fourths 
of  his  debts,  agreeing  to  accept  a  certain  per  cent.,  the  judge  may  give  him 
a  discharge  from  all  his  debts.  If  any  creditor  refuses  to  accept  the  per  cent, 
agreed  upon  as  above  stated,  it  will  be  deposited  with  the  judge,  and  if  the 
creditor  does  not  claim  it  within  one  vear  it  will  be  returned  to  the  debtor. 


554  NEW  HAMPSHIRE. 

At  any  time  after  the  decree  of  distribution,  tlie  judge  may  give  the  debtor 
a  full  discharge,  if  the  debtor  produce  the  written  approval  of  three-fourths 
of  his  creditors  owning  three-fourths  of  his  debts.  If  the  debtor  has  paid 
seventy  per  cent.,  he  may  be  discharged  without  such  consent.  A  debtor 
once  discharged  cannot 'have  a  second  discharge  under  the  law. 

A  discharge  does  not  affect  debts  contracted  prior  to  the  passage  of  the  act 
(August  38th,  ISSo),  unless  such  debts  are  i^roved  in  the  proceedings  under 
the  act. 

Attacluneilts. — All  property,  I'eal  or  personal,  which  is  liable  to  be  sold 
on  execution,  may  be  attached  in  any  action,  also  in  equity  suits,  and  held 
to  satisfy  such  judgment  as  the  plaintiff  may  recover. 

Foreign  Attachment,  Gartiishment  or  Trustee  Process. — All  personal  actions 
may  be  commenced  by  trustee  process,  except  actions  of  replevin,  and  tres- 
pass to  the  person  and  actions  for  defamation  and  malicious  pi'osecution. 
Debts  due  the  defendant,  and  property  in  the  hands  of  a  third  person,  may 
be  attached  on  the  trustee  process. 

Wages  of  the  defendant's  wife  or  cl.ild  cannot  be  attached,  nor  the  wages 
of  the  defendant  earned  after  service  of  the  writ  upon  the  trustee  ;  ijensioii 
and  bounty  money  is  also  exempt.  The  defendant's  wages  to  the  extent  of 
twenty  dollars  are  exempt,  unless  the  plaintifTs  claim  is  for  necessaries  fur- 
nished the  defendant  or  his  family. 

Bills  of  Exchange  and  Promissory  Notes.— Demand  notes  nuist  be  pro- 
tested within  sixty  days  from  day  of  their  endorsement,  to  hold  indorsers. 
All  negotiable  paper,  save  that  payable  on  demand,  is  entitled  to  three  days 
of  grace,  and  all  such  paper  maturing  on  February  22,  May  30,  or  July  4,  or 
on  the  following  day,  if  either  of  these  days  occur  on  the  Sabbath  or  on  Sun- 
day, Thanksgiving,  Fast,  or  Christmas  day,  is  due  and  payable  on  the  next 
preceding  day,  not  being  one  of  these  days,  and  must  be  so  noted  and  pro- 
tested. 

Chattel  Mortgages.  —Personal  property  and  growing  crops  may  be  mort- 
gaged. No  chattel  mortgage  is  valid  except  between  the  parties,  unless  the 
mortgagee  takes  and  retains  possession  of  the  chattels,  or  the  mortgage  is 
recorded  in  the  office  of  the  clerk  of  the  town  where  the  mortgagor  resides. 
Both  parties  must  sign  and  make  oath  to  the  following  affidavit  :  "We  sev- 
erally swear  that  the  foregoing  mortgage  is  made  for  the  purpose  of  securing 
the  debt  specified  in  the  condition  thereof  and  for  no  other  purpose  whatever, 
and  that  said  debt  was  not  created  for  the  purpose  of  enabling  the  mortgagor 
to  execute  said  mortgage,  but  is  a  just  debt,  honestly  due  and  owing  from 
the  mortgagor  to  the  mortgagee,  so  kelp  us  God.''' 

Any  partner  of  a  firm  and  any  director  or  other  authorized  person  of  a 
corporation  may  make  such  affidavit.  If  the  mortgage  is  given  to  secure 
anything  other  than  a  debt,  the  liability  or  agreement  secured  should  be 
stated  in  the  condition  of  the  mortgage  and  the  affidavit  varied  so  as  to  verify 
the  truth  of  such  statement. 

At  any  time  after  thirty  days  from  the  time  of  condition  broken  the  mort- 
gagee may  sell  the  property  at  public  auction,  notice  of  the  time,  place  and 
purpose  of  sale  being  posted  in  two  public  places  in  the  town  where  the  sale 
is  to  be  held  four  days  befort  the  sale.  Notice  in  writing  must  be  given  to 
the  mortgagor  or  left  at  his  abode,  if  within  the  town,  four  days  before  the 
sale  ;  if  he  reside  in  another  town,  such  notice  sent  by  mail  is  sufficient.  The 
mortgagee  may  purchase  at  the  sale.  He  shall  apply  the  net  proceeds  of  the 
sale  to  the  payment  of  the  debt  and  costs  of  sale,  and  pay  the  balance  to  the 
mortgagor.  The  property  may  be  redeemed  at  any  time  prior  to  the  sale  by 
paying  the  debt  and  costs. 

Conditional  Sales  of  Personal  Property. — No  lien  reserved  on  personal 
property  sold  conditionally  and  delivered  to  the  purchaser,  is  valid  against 
attaching  creditors  or  subsequent  purchasers  without  notice,  unless  the  ven- 


NEW  HAMPSHIRE.  555 

dor  takes  a  memorandum  signed  by  the  purchaser,  witnessing  the  lien  and 
the  sum  due  thereon  and  has  it  recorded  in  the  office  of  the  clerk  of  the  town 
■where  the  purchaser  resides,  if  he  resides  in  the  state,  otherwise  in  the  office 
of  the  clerk  of  the  town  where  the  vendor  resides,  within  ten  days  aftei-  de- 
livery of  the  property  to  the  purchaser.  Each  vendor  and  purchaser  sliall 
make  and  subscribe  an  affidavit  in  substance  as  follows:  "We  severally  swear 
that  the  foregoin<jf  memorandum  is  made  for  the  purpose  of  witnessing  the  lien 
and  the  sum  due  thereon,  as  specified  in  said  memorandum,  and  for  no  other 
purpose  whatever,  and  that  said  lien  and  the  sura  due  thereon  were  not  cre- 
ated for  the  purpose  of  enabling  the  purchaser  to  execute  said  memorandum, 
but  said  lien  is  a  just  lien,  and  the  sum  stated  to  be  due  thereon  is  honestly 
due  thereon  and  owing  from  the  purchaser  to  the  vendor."  When  co-part- 
ners or  corporations  are  parties  to  such  memorandum  such  affidavit  may  be 
made  and  subscribed  by  any  partner  of  a  firm  or  any  director  of  a  corpora- 
tion or  any  person  authorized  by  the  corporation. 

Corporations. — Corporations  may  be  formed  under  general  laws  to  carry 
on  any  lawful  business  except  banking.  Stockholders  are  liable  only  to  the 
amount  of  the  par  value  of  their  stock  if  they  comply  with  the  requirements 
of  the  law. 

Costs,  Security  for. — (See  Actions  and  Appeals.) 

Courts. — TJie  supreme  court  has  original  jurisdiction  of  all  actions,  ai)peals 
from  police,  justice,  prooate  and  commissioners'  courts,  proceedings  in 
equity,  and  all  things  that  call  for  a  trial  by  the  court  or  jury.  Sitting  as  a 
lull  bench,  it  determines  questions  of  law  transferred  from  the  trial  term.  It 
holds  two  law  terms  in  each  year  at  Concord,  and  holds  trial  terms  twice  a 
year  in  each  county  or  judicial  district. 

Police  courts  have  the  same  jurisdiction  as  justices  of  the  peace,  and  also 
have  jurisdiction  in  civil  cases  where  the  amount  demanded  does  not  exceed 
one  hundred  dollars  and  the  title  to  real  estate  is  not  in  controversy.  Appeal 
may  be  taken  in  any  case  to  the  sujireme  court.  Police  courts  sit  once  a 
month  according  to  a  rule  of  the  court. 

Justices''  courts. — Their  jurisdiction  is  limited  in  civil  cases  to  those  in 
which  the  title  to  real  estate  is  not  involved  and  the  amount  demanded  does 
not  exceed  thirteen  dollars  and  thirty-three  cents.  A])peals  may  be  taken  to 
the  supreme  court.     Justices'  courts  sit  at  any  time. 

Court  Calendar  :— 

UNITED    STATES    CIRCUIT    AND    DISTRICT    COURTS. 

Associate  Justice  of  the  Supreme  Ontrt—U.oviice  (Ti-ay,  of  Mass-JObusetts.  CircuiC 
Judf/r—he  Baron  B.  Colt,,  of  Rhode  Island.  District  Jiidf/e— Daniel  Clark,  of  Man- 
Chester.  Disirict  Attorne}i—3 .  S.  11.  Friiik,  of  Portsmouth.  3farshnl — Fred.  A. 
Barker,  of  Keene.  Clerk  of  the  Circuit  (^'o(/;7— William  H.  Hackett,  of  Portsmouth. 
Clerk  of  the  District  Court— B.  F  Clark,  of  xManohester. 

Terms— Circuit  Court,  at  Porlsmoulh.  May  Sth.  At  Concord,  October  8th.  Dis- 
trict Court,  at  Portsmouth,  od  Tuesday  in  March  and  September.  At  Concord,  3d 
Tuesday  in  June  and  December. 

SUPREME    COURT. 

Chief  Justice— Chas.  Doe,  of  RoUinsford.  Associate  .Tu-slices-Wm.  H.  H.  Allen, 
Claremont;  Isaac  W.  Smith,  Manchester;  Louis  W.  Clark,  Manchester;  Isaac  N. 
Blodgctt,  Franklin  ;  Alonzo  P.  Carpenter.  Concord;  George  .\.  Bingham,  Littleton. 
Attorney  General — Daniel  Barnard,  Fi'anklin. 

Lair  7>;-»(.v— There  are  two  law  terms,  botli  of  which  are  held  at  (.'oncord.  one  on 
the  1st  Tuesday  <>f  .Inne  and  tlie  otlicr  on  the  1st  Tuesday  of  December.  At  these 
terms  the  business  of  the  various  counties  is  usuall.y  taken  up  in  tlie  following  order  : 
Rockingham.  Strafford.  Belknap,  Carroll,  Merrimack,  Hillsborough,  Clieshire,  Sulli- 
van. (Jrafton  and  Coos. 

I'rinl  Terms  are  held  at  the  pl.aces  and  times  following: 


556  NEW  HAMPSHIRE. 

County.  Where  Held.  When  HehL 

Belknap Lacouia 4tli  Tiies.  March  and  September. 

Carroll Ossipee ;id  Tue-;.  April  and  October. 

Cheshire     Iveene 1st  Tues  April  and  ;-!d  Tues.  October. 

Coos- 
Northern  District .  Colebr^)ok  1st  Tues.  February  and  September. 

Southern  District .  Lancaster ;id  Tues.  April  and  October. 

Grafton— 

Eastern  District     .Plynioulh 2d  Tues.  May  and  >fovember. 

Western  District   .Haverhill :Hd  Tues.  March  and  September. 

Hillsborough   .  .   .  .Manchester  ....   .  3d  Tues.  March. 

Nashua .Sd  Tues.  September. 

Merrimack Concord 1st  Tues.  April  and  October. 

Rockingham    ....  E.xeter      ;M  Tues.  Jan.  and  2d  Tues.  April. 

Portsmouth 3d  Tues.  October. 

StrafTord     Dover 2d  Tues,  Feb.  and  1st  Tues.  Sopt. 

.Sullivan      Newport 4th  Tues.  Jan.  and  1st  Tues.  Sept. 

In  Carroll  County  the  records  of  deeds  and  Probate  Court  are  at  Ossipee.    Records 
of  Supreme  Court  are  at  Sandwich. 

PROBATE    COURT. 
Terms — Are  held  at  the  places  and  times  following  : 

County.  Wfiere  Held.  When  Held. 

Belknap Laconia 3d  Tuesday  of  each  month. 

Carroll Conway 1st  Tuesday  May,  Jan.  and  Sept. 

West  Ossipee    .  .   .   .  1st  Tuesday  Feb.,  June  and  (October. 

Ossipee 1st  Tuesday  March,  .July  and  Nov. 

Woolf  borough  June.  1st  Tuesday  April,  August  and  Dec. 

Cheshire     Keene lstand3rdFri.  Jan.,  Feb.,  Mar..  April,  May, 

June.  Sept.,  Oct.,  Nov.,  Dec,  1st  Fri.  July, 
3rd  Friday  August 
Coos Colebrook Last  Tuesdaj^  January  and  August. 

(jrorham 1st  Tuesday  xVpril  and  October. 

Lancaster 1st  Tues.  Jan.,  March,  May,  July  and  Nov. 

Grafton Bristol 3d  Tuesday  of  July. 

Canaan 1st  Tuesday  June  and  December. 

Haverhill 3d  Tuesday  March  and  September. 

Lebanon 1st  Tuesday  March  and  September. 

Lisbon      3d  Tuesday  April  and  October. 

Littleton     3d  Tuesday  January. 

Orford 3d  Tuesday  February. 

Plymouth 2d  Tuesday  May  and  November. 

Wentworth 3d  Tuesday  August. 

Woodsville 1st  Tuesday  July. 

Hillsborough    .   .  .  .Manchester 3d  Tues.  Feb.,  April,  June,  Aug.,  Oct.,  Dec, 

4th  Tues.  Jan.,  Mar.,  Maj,  July,  Sept.  and 
November. 

Nashua 4th  Tues.  Feb.,  Apr.,  June,  Aug.,  Oct.,  Dec. 

Francestown    ....  On  Friday  next  alter  4th  Tues.  Aug. 

Amherst Fri.  next  after  4th  Tues.  June  and  Dec 

Peterborough   ....  Fri.  next  at"ter4th  Tues.  Feb.,  May,  Nov. 

Greenville     Fri.  next  after  4th  Tues.  April  and  Oct. 

Hillsborough  B'ge     .  Fri.  next  after  4th  Tues.  Jan.  and  July. 

Milford     ......  .  Fri.  next  after  4th  Tues.  Jan  and  July. 

Merrimack Concord 2d  and  4th  Tues.  of  every  month. 

Rockingham    .   .   .   .Exeter Wed.  after  3d  Tues.  Feb.,  Mar.,  Aug.,  Wed. 

after  1st  Tues.  Apr.,  Wed.  after  2d  Tues. 
of  every  other  month. 

Portsmouth 3d  Tues.  Mar.,  2d  Tues.  Jan.,  May,  July, 

Sept.  and  Nov. 

Derry 3d  Tues.  Feb.,  and  2d  Tues.  June  and  Oct. 

Rayinoud 1st  Tues.  Apr..  3d  Tues.  Aug.,  2d  Tues.  Dec. 

Strartbrd     Dover 1st  Tuesday  of  every  month. 

.somersworth    ....  3d  Tues.  Feb.,  May.  July,  Sept.  and  Nov. 

Rochester .3d  Tues.  March,  .Ian.,  June  and  Oct. 

Farmington      ....  3d  Tues.  April,  Aug.  and  Dec. 

Sullivan Clarcmont     Last  Wed.  .Ian.,  March,  May,  July,  Sept., 

Nov. 

Newport      Last  Wed.  Feb.   April,  June,  Aug.,  Oct., 

Dec. 

Curtesy. — The  liit.sband  has  an  estate  by  curtesy  in  the  deceased  wife's 
real  estate,  unless  he  has  wilfully  neglected  for  three  years  next  preceeding 
her  death,  to  maintain  her. 


NEW  HAMPSHIRE.  557 

Deeds. — Conveying  real  estate  must  be  signed  and  sealed  by  the  grantor, 
attested  by  two  witnesses  and  acknowledged  to  be  the  voluntary  act  and 
deed  of  the  grantor,  before  a  justice,  notary  public  or  commissioner,  whether 
within  or  without  the  state,  before  a  minister  or  consul  of  the  United  States 
in  a  foreign  country,  and  should  be  recorded  in  the  registry  of  deeds  for  the 
county  in  which  the  lands  are  located.  If  the  wife  is  entitled  to  dower  the 
deed  should  contain  a  release  of  dower  and  the  wife  should  sign  it.  If  the 
wife  bore  a  homestead  right  in  the  land  conveyed,  the  deed  should  contain  a 
release  of  it  and  she  .should  sign  and  acknowledge  it.  The  husband  should 
join  with  the  wife  in  conveying  her  real  estate  to  bar  his  rights  of  homestead 
and  curtesy. 

A  scroll  is  not  a  seal  in  New  Hampshire. 

Descent  and  Distribution. — The  real  estate  of  any  person  deceased,  in- 
testate, subject  to  rights  of  dower  and  curtesy  and  homestead  rights,  de- 
scends in  equal  shares,  1st,  to  the  children  of  deceased  and  the  representa- 
tives of  such  as  are  dead  ;  2d,  to  the  father  if  living  and  their  be  no  issue  ; 
3d,  if  there  be  no  issue  or  father,  to  the  mother  and  the  brothers  and  sisters 
in  equal  shares  ;  4th,  to  the  next  of  kin  in  equal  shares. 

Illegitimate  children  share  equally  with  legitimate  in  the  estate  of  the 
mother.  The  heirs  of  bastards  in  the  ascending  and  collateral  lines  are  the 
mother  and  her  heirs. 

Representation  is  not  allowed  among  collaterals  beyond  the  degree  of 
brother's  and  sister's  grandchildren. 

Personal  estate,  not  bequeathed,  after  settlement  of  the  administration 
account,  is  distributed.  1st,  to  the  widow  the  share  thereof  by  law  prescribed; 
2d.  the  balance  to  the  same  persons  to  whom  the  real  estate  descends. 

Depositions. — The  depositions  of  witnesses  in  civil  causes  may  be  taken 
upon  giving  notice  in  writing,  signed  by  a  justice  or  notary,  stating  the  day, 
hour  and  place  of  taking,  three  days  before  the  time  of  taking,  where  the 
adverse  party  resides  within  ten  miles  of  the  place  of  taking,  and  one  day's 
additional  notice  for  each  additional  twenty  miles,  but  twenty  days  notice 
shall  be  sufficient  in  any  case.  If  the  adverse  party  resides  out  of  the  state 
or  more  than  twenty  miles  from  the  place  of  taking,  or  from  the  party  taking 
the  deposition,  the  notice  may  be  given  to  his  attorney. 

Depositions  so  taken  may  be  used  at  the  trial  unless  the  adverse  party 
l»rocure  the  attendance  of  the  witness. 

When  the  deposition  of  the  opposite  party  is  taken,  the  magi.strate  taking 
it  must  file  it  with  the  clerk  of  the  court  where  the  action  is  pending,  within 
ten  days  after  the  conclusicm  of  the  taking.  Either  party  may  use  it  at  the 
trial  and  if  the  party  whose  deposition  is  taken  shall  use  it  his  rights  as  a 
witness  in  his  own  behalf  are  not  thereby  affected. 

The  respondent  in  a  criminal  case  may  take  the  deposition  of  any  person 
in  his  defence,  giving  such  notice  to  the  solicitor  of  the  county  as  is  required 
in  civil  cases.  Any  justice  or  notary  public  in  the  state,  any  commissioner 
appointed  under  the  laws  of  the  state  to  take  depositions  in  other  states,  any 
judge,  or  justice  of  the  i>eace,  or  notary  public  in  any  other  state  or  countrj' 
may  take  such  deposition. 

The  witness  must  subs<!ribe  his  deposition,  and  make  oath  that  it  contains 
the  tiTith,  the  whole  truth,  and  nothing  but  the  truth,  relative  to  the  cause 
for  which  it  was  taken. 

No  person  can  write  a  deposition  or  sit  as  magistrate  at  the  taking  who 
would  be  disqualified  to  sit  as  a  juror  in  the  case. 

The  magistrate  writing  a  deposition  must  annex  a  caption  to  it  substanti- 
ally as  follows : 

State  op ,  [  ss. 

Personally  appeared  before  me  the  suhscrilier,  a (title  of  magistrate) 

the  within  named  A.  B.  at  the  office  of in in  said  county,  on  the  — 

day  of ,  and  made  solemn  oath  that  the  within  deposition  by  him  sub- 


558  NEW  HAMPSHIRE. 

scribed,  contains  the  truth,  the  whole  truth  and  nothing  but  the  truth,  rela- 
tive to  the  cause  for  which  it  was  taken.    The  said  deposition  is  taken  at  the 

request  of  C.  D.  of ,  to  be  used  at  the court  of  the  state  of  New 

Hampshire,  to  be  held  at ,  in  and  for  the  county  of ,  on  the  —  day 

of next,  in  a  plea  wherein of is  plaintiff,  and is  defendant; 

and  the  taking  of  the  same  was  begun  at o'clock  in  the noon,  on 

said  first  mentioned  day,  and  continued  until  the  whole  was  completed.  The 

said being  duly  notified  was  present  (or  not  present  as  the  fact  may  be) 

and  did  not  object. 

If  the  opposite  party  does  not  attend,  a  copy  of  the  notice  served  on  him 
with  the  return  of  the  ofticer  or  affidavit  of  the  person  serving  it,  indorsed 
upon  it,  stating  the  time  and  manner  of  service,  should  be  annexed  to  the 
caption. 

The  magistrate  taking  a  deposition  should  seal  it  in  an  envelope,  directed 
to  the  clerk  of  the  court  whei'e  it  is  to  be  used,  and  should  write  upon  the 
envelope  as  follows  :  "Enclosed  is  the  deposition  of  C.  D.  to  be  used  in  the 
action  A.  B.  vs.  E.  F.  sealed  by 

{official  character.) 

Divorce. — A  divorce  from  the  bonds  of  matrimony  is  decreed  in  favor  of 
the  innocent  party  for  :  1st,  impotency  ;  2d,  adultery  ;  od,  exti'eme  cruelty  ; 
4th,  imprisonment  under  a  conviction  of  a  crime  punishable  with  imprison- 
ment for  more  than  a  year ;  5th,  treatment  seriously  injuring  health  ;  6th, 
treatment  seriously  endangering  reason ;  7th,  absence  for  three  years  to- 
gether without  being  heard  of ;  8th,  habitual  drunkenness  for  three  years 
together  ;  9th,  joining  a  religious  sect  which  professes  to  believe  the  relation  of 
husband  and  wife  unlawful  and  refusal  to  cohabit  for  six  months  together;  10th 
•desertion  and  refusal  to  cohabit  for  three  years  together;  11th,  willing  absence 
of  husband  for  three  years  together  without  providing  for  maintenance  of 
wife  ;  12th,  willing  absence  of  wife  without  the  consent  of  the  husband  for 
three  years  together  ;  1.3th,  ten  years  absence  of  wife  from  the  state  and  from 
her  husband  without  his  consent  and  without  claiming  her  marital  rights  ; 
14th,  separate  residence  in  this  state  for  three  years  of  wife  of  a  citizen  or 
alien  of  another  state,  her  husband  having  left  the  United  States  with  inten- 
tion of  becoming  a  citizen  of  a  foreign  state,  and  not  returning  during  the 
three  years  to  claim  his  marital  rights  or  make  provision  for  her  support. 

No  divorce  will  be  granted  for  any  cause  except  adultery  unless  the  cause 
be  in  existence  at  the  time  of  filing  petition. 

Libels  for  divorce  are  brought  before  the  supreme  court  in  the  county  in 
which  one  of  the  parties  live,  such  notice  is  given  to  the  libelee  as  the  court 
orders. 

.Jurisdiction  in  divorce  cases  is  confined  to  cases  in  which  1st,  both  parties 
were  domiciled  in  the  state  when  the  action  was  commenced  ;  2d,  when  the 
plaintiff  was  so  domiciled  when  the  action  was  commenced  and  the  defendant 
was  personally  served  with  process  within  the  state  ;  3d,  when  one  of  the 
parties  was  so  domiciled  when  the  action  was  commenced  and  one  of  them  has 
actually  resided  in  the  state  for  one  year  next  preceding  the  commencement 
of  the  action.  The  court  will  make  such  order  in  relation  to  the  maintenance, 
education  and  custody  of  the  children  as  will  be  most  conducive  to  their 
benefit,  and  may  order  reasonable  provision  for  their  support  to  be  made  out 
of  the  estate  of  the  guilty  party. 

The  court  will  restore  to  the  wife  such  part  of  her  estate  and  assign  to  her 
such  part  of  the  estate  of  the  husdand  as  is  deemed  just. 

Dower. — Dower  attaches  to  all  realty  owned  by  the  husband  during  mar- 
riage, provided  such  realty  has  been  during  the  marriage  and  seizin  of  the 
husband  in  a  state  of  cultivation  or  used  as  a  wood  or  timber  lot,  and  occu- 
pied with  some  farm  or  tenement  kept  by  the  husband,  and  is  such  portion 
as  will  produce  a  yearly  income  equal  to  one-third  of  the  whole  income  of 
such  realty. 


NEW  HAMPSHIRE.  559 

Evidence. — No  person  is  excused  or  excluded  from  testifying  in  a  cause 
Ity  reason  of  being  a  party  thereto. 

Neither  party  can  testify  when  the  adverse  party  is  an  executor,  adminis- 
trator, or  insane  person,  unless  such  adveise  party  elect  to  testify,  unless  it 
shall  appear  to  the  court  that  injustice  will  be  done  by  excluding  such  tes- 
timony. 

Husband  and  wife  may  testify  for  or  against  each  other  in  civil  or  criminal 
cases,  but  husband  and  wife  cannot  testify  for  or  against  each  other  as  to 
any  statement,  conversation,  letter,  or  other  communication  made  by  either 
to  the  other,  or  to  any  other  person,  nor  as  to  other  matters,  when  it  ajjpears 
to  the  court  that  their  testimony  will  lead  to  a  violation  of  marital  confidence. 

A  person  charged  with  a  crime  shall,  at  his  own  request,  but  not  other- 
■wise,  be  a  competent  witness. 

Conviction  of  an  infamous  crime  does  not  render  a  person  incompetent  to 
testify,  but  the  record  of  such  conviction  may  be  used  to  effect  his  credit  as 
a  witness. 

Executors. — {See  Administration.) 

Executions — May  be  taken  twenty-four  hours  after  judgment,  and  are 
returnable  before  justices  and  police  courts  in  sixty  days  ;  before  supreme 
court,  at  the  next  trial  term  of  court.  Writs  of  possession  on  a  foreclosure 
of  a  mortgage  of  land  do  not  issue  until  sixty  days  after  the  final  adjourn- 
ment of  the  court.  A  new  trial  may  be  granted  by  the  court  when  injustice 
.appears  to  have  been  done  through  accident,  mistake  or  misfortune.  Real 
property  taken  under  execution  may  be  redeemed  within  one  year. 

Exemptions. — There  is  exempt  from  attachment  and  from  liability  to  be 
taken  on  execution  :  1.  Necessary  wearnig  apparel  of  the  debtor  and  his 
family.  2.  Comfortable  beds,  bedsteads,  and  bedding  necessary  for  the 
debtor,  his  wife  and  children.  3.  Household  furniture,  to  the  value  of  one 
liundred  dollars.  4.  One  cooking  stove,  and  the  necessary  furniture  belong- 
ing to  the  same.  5.  One  sewing  machine,  kept  for  the  use  of  the  debtor  or 
his  family.  G.  Provisions  and  fuel,  to  the  value  of  fifty  dollars.  7.  Uniform, 
arms  and  equipments,  of  every  officer  and  private  in  the  militia.  8.  Bibles, 
".school  books  and  library  of  any  debtor  used  by  him  or  his  family,  to  the 
value  of  two  hundred  dollars.  9.  Tools  of  his  occupation  to  the  value  of  one 
hundred  dollars.  10.  One  hog  and  one  pig,  and  the  pork  of  same  when 
slaughtered.  11.  Six  sheep  and  the  fleeces  of  same.  12.  One  cow,  a  yoke 
of  oxen,  or  a  horse  when  required  for  farming  or  teaming  purposes  or  other 
actual  use,  and  four  tons  of  hay.  13.  Domestic  fowl  to  the  value  of  fifty 
■dollars.  The  debtor's  right  to  one  pew  in  any  meeting  house  in  which  he  or 
his  family  usually  worship,  and  one  lot  in  any  cemetery.  Homestead  of 
iouseholder,  five  hundred  dollars. 

Fraud,  Statutes  of. — No  action  can  be  maintained  on  a  contract  for  the 
;sale  of  land  unless  the  agreement  is  in  writing,  signed  by  the  person  to  be 
charged,  or  by  some  person  authorized  by  him. 

An  executor  or  administrator  cannot  be  charged  upon  a  special  promise  to 
answer  damages  out  of  his  own  estate,  and  no  person  can  be  charged  upon  a 
a  special  promise  to  answer  for  the  debt,  default  or  miscarriage  of  another, 
or  upon  an  agreement  made  in  consideration  of  marriage,  or  that  is  not  to  be 
performed  within  one  year  from  time  of  making,  unless  such  promise  or 
agreement  or  some  memorandum  thereof  is  in  writing  signed  by  the  person 
to  be  charged,  or  by  some  person  thereto  authorized  by  him. 

No  contract  for  the  sale  of  goods,  wares,  or  merchandise  for  the  price  of 
thirty-three  dollars  or  more  is  valid,  unless  the  buyer  accepts  and  receives 
part  of  the  property  sold,  or  gives  something  in  part  payment,  or  in  earnest, 
to  bind  the  bargain,  or,  unless  some  note  or  memorandum  is  made  in  writ- 
ing and  signed  by  the  person  to  be  charged  or  by  some  person  by  him  there- 
to authorized. 


560  NEW  HAMPSHIRE. 

Grace. — {See  Notes  and  Bills.) 

Homestead. — The  wife,  widow,  and  children  of  every  person  who  is  own- 
er of  a  homestead,  or  any  interest  therein,  is  entitled  to  so  much  of  said 
homestead  as  does  not  exceed  five  hundred  dollars  as  aj^ainst  the  creditor's 
grantees  or  heirs  of  such  person  during  the  life  of  such  wife  or  widow  and 
the  minority  of  such  children. 

If  the  legal  title  to  the  homestead  is  in  the  wife  at  her  decease  the  life  es- 
tate of  the  serviving  husband  not  exceeding  five  hundred  dollars  is  exempt 
to  him. 

Interest- — Six  per  cent.  Contracts  for  greater  rate  not  void,  but  legal 
rate  only  recoverable.  Penalty  for  receiving  over  six  per  cent,  forfeiture  of 
three  times  the  excess  of  such.  On  unpaid  taxes,  ten  per  cent,  before  sale, 
twelve  per  cent,  after. 

Insolvent  Laws. — (See  Assignment  for  Benefit  of  Creditors.) 

Justices  of  the  Peace.— (>See  Courts.) 

Judgments.— Are  not  a  lien  upon  real  estate  as  in  some  other  states,  and 
luild  the  property  only  as  above  stated. 

Foreign  judgments  are  proven  in  accordance  with  the  provisions  of  the 
United  States  statues  upon  this  subject. 

Attorneys'  fees  can  not  be  taxed  in  the  judgment  in  any  action  at  law. 

In  case  there  is  no  defense,  or  in  the  event  of  a  final  finding  upon  trial, 
judgments  are  entered  up  as  of  the  last  day  of  the  term  of  the  court  at  which 
they  are  rendered,  unless  ordered,  for  cause  shown,  at  an  earlier  day. 

When  no  defense  is  nfade,  judgment  may  ordinarily  be  obtained  in  the 
supreme  court  within  six  months,  and  in  justice  and  police  courts  within 
two  months  after  the  action  is  commenced. 

Landlord  and  Tenant. — The  lessor  or  owner  of  lands  may  determine  a 
lease  at  will,  or  tenancy  at  sufferance,  by  giving  to  the  tenant,  or  occupant, 
a  notice  in  writing  to  quit  at  a  day  named  therein.  If  rent  is  in  arrear,  or 
if  conditions  of  a  lease  are  violated,  or  if  a  lessee  hold  over  after  the  expira- 
t'on  of  a  definite  written  lease,  seven  diys"  notice  is  sufficient.  A  tenancy  is 
deemed  to  be  at  will  unless  a  dift'erent  contract  is  shown.  The  lessee  may 
terminate  the  lease  by  giving  the  same  notice  as  is  by  law  required  of  the 
lessor. 

If  a  lessee  hold  over  after  notice  to  quit,  he  may  be  summoned  before  a 
justice  of  the  peace,  or  police  court,  and  if  it  is  considered  by  the  court  that 
the  plaintiff"  is  entitled  to  possession  of  the  demanded  premises,  judgment 
will  be  rendered  that  he  recover  possession  and  his  costs.  Either  party  may 
appeal  to  the  supreme  court  within  two  hours  after  rendition  of  judgment. 
If  the  plaintiff  appeal  he  must  give  security  to  prosecute  his  appeal  and  to 
pay  any  costs  that  may  be  awarded  against  him.  If  the  defendant  appeal 
he  must  give  security  to  prosecute  his  appeal,  to  pay  all  rent  due  and  that 
may  become  due  during  pending  of  suit,  and  all  losses  awarded  against  him. 

Leases. — Lea.ses  for  more  than  seven  years  must  be  attested,  acknowl- 
edged and  recorded  in  the  same  manner  as  a  conveyance  in  fee. 

License. — Hawkers,  peddlers  and  auctioneer  merchants  and  every  itiner- 
ant trader  doing  business  temporarily  in  any  town  must  obtain  a  license  from 
the  clerk  of  the  supreme  court,  but  this  provision  does  not  apply  to  one  who 
carries  samples  for  wholesale  trade,  or  to  one  who  sells  fish,  fruits,  vege- 
tables, provisions,  fuel,  newspapers,  or  the  products  of  his  own  industry. 

Liens. — Any  person  against  whom  a  tax  has  been  assessed  upon  the  prop- 
erty of  another  has  a  lien  upon  the  property  and  its  income  until  the  tax  is 
repaid. 


NEW  HAMPSHIRE,  661 

Boarding  house.  ket'])C'rs  liave  a  lien  upon  the  baggage  of  their  guests,  ex- 
cept seamen,  for  their  board. 

Keepers  of  domestic  animals  have  alien  for  their  board  or  pasturing. 

Laborers  on  vessels  have  a  lien  on  vessel  for  four  daj^s  after  it  is  completed. 

Laborers  on  buildings  when  their  labor  amounts  to  fifteen  dollars,  and 
those  furnishing  materials  to  same  amount  have  a  lien  for  ninety  days.  La- 
borers upon  wood,  bark,  logs  or  lumber  liave  a  lien  thereon  for  ninety  days. 

These  lieus  may  be  secured  by  attachment. 

Limitations, — Actions  for  the  recovery  of  real  estate,  upon  notes  secured 
by  mortgage  of  real  estate  and  upon  judgments,  recognizance,  and  contracts, 
under  seal,  must  be  brought  within  twenty  years  after  right  of  action  ac- 
crues. Actions  for  trespass  to  person  and  slander,  within  two  years.  AH 
other  personal  actions,  within  six  years  after  cause  of  action  accrues.  If  the 
defenciant  has  been  absent  from  the  state  the  time  of  absence  is  excluded 
from  tlie  computation. 

A  debt  is  revived  by  a  new  i^romise. 

Limited  Partnerships. — May  be  formed  for  any  purpose  except  banking 
and  insurance,  such  partnership  consist  of  general  partners  who  are  jointly 
and  severally  liable  and  special  partners  who  are  not  personally  liable  for 
debts  of  the  partnership. 

Such  partners  shall  sign  a  certificate  containing  the  names  of.the  partner- 
ship, the  names  and  residences  of  the  partners,  distinguishing  the  general 
and  special  partners,  the  amount  of  capital  contributed  by  each  special  part- 
ner, the  general  nature  of  the  business  to  be  transacted,  where  it  is  to  be 
conducted,  and  the  time  when  the  partnership  is  to  commence  and  terminate. 

This  certificate  must  be  acknowledged  by  all  the  partners  before  a  justice, 
and  recorded  in  the  registry  of  deeds  for  the  county  where  the  business  of 
the  partnership  is  situated  and  published  three  weeks  successively. 

Married  Women, — Holding  separate  estate,  or  doing  business  in  their 
own  name,  may  sue  and  be  sued  in  relation  thereto,  as  if  sole. 

Are  not  liable  for  debts  of  husband.  Are  not  bound  by  any  undertaking 
by  them  for  their  husbands,  or  in  their  behalf. 

Mechanics"  Liens.— (-See  Liens.) 

Illinors. — Persons  of  both  sexes  reach  their  majority  when  21  years  of  age. 

Mortgages  of  Real  Estate, — Must  be  executed  with  same  formalities  as 
conveyances  absolute,  must  distinctly  state  the  thing  to  be  secured,  and  can 
secure  only  the  liability  existing  at  the  time  of  their  execution. 

Redemption  is  allowed  in  case  of  real  property  mortgages,  until  foreclos- 
tire,  by  performance  of  conditions  and  payment  of  damages  caused  by  the 
breach. 

Mortgages  may  be  discharged  by  any  w-riting  on  the  mortgage  signifying 
the  mortgagee's  intention  to  discharge  ;  this  should  be  recorded  on  the  mar- 
gin of  the  record  of  the  mortgage  in  the  office  of  the  register  of  deeds. 

Oaths  and  Affidavits. — {See  Affidavits.) 

Partnerships.— (&e  Limited  Partnerships.) 

Promissory  Notes,— (5^ee  Notes  and  Bills.) 

Practice. —  Is  in  accordance  with  that  of  the  common  law. 

Proof  of  Claims, — Non-resident  parties  may  prosecute  claims  in  the  same 
manner  as  residents,  but  must  procure  some  responsible  resident  to  indorse 
their  writ,     [See  Actions.) 


562  NEW  HAMPSHIRE. 

Recording. — Conveyances  of  real  estate  must  be  recorded  in  the  registry 
of  deeds  in  the  county  where  the  real  estate  lies.  Chattel  mortgages  in  the 
office  of  the  clerk  of"  the  town  where  the  mortgagor  resides. 

Deeds  and  mortgages  are  invalid  i^s  to  third  persons  until  filed  in  the  office 
of  tlie  register  or  clerk  unless  such  third  parties  have  actual  or  constructive, 
notice  of  them. 

Redemption. — (See  Mortgages  and  Chattel  Mortgages.) 

Replevin. — Ijies  for  beasts  impounded,  while  in  the  pound,  for  goods  un- 
lawfully taken  or  detained,  and  for  goods  unlawfully  attached.  The  plain- 
tiff must  furnish  bond  in  double  the  value  of  the  goods. 

Revision. — The  last  revision  of  the  laws  was  made  in  1878,  took  effect 
January  1st,  187!)  and  is  designated  as  "  The  General  Laws," 

Seal. — {See  Deeds.) 

Securities  for  Costs. — {See  Actions  and  Proof  of  Clairus..) 

Suits. — {S^ee  Actions.) 

Supplimentary  Proceedings. — Any  person  arrested  on  execution  will  be 
<lischarged  on  giving  bond  to  the  creditor  with  two  sufficient  sureties,  resi- 
dent of  the  state  in  double  the  amount  of  the  debt,  conditioned  to  take  the 
poor  debtor's  oath  within  one  year,  or  surrender  himself  to  prison,  or  he  may 
at  once  apply  to  a  justice  of  the  supreme  court  and  have  two  justices  of  the 
peace  appointed  to  whom  he  may  apply  to  take  such  oath.  If  it  appear  to 
the  justices  that  the  debtor  at  the  time  of  his  arrest  had  not  estate  of  the 
value  of  twenty  dollars  except  such  as  is  by  law  exempt  from  attachment, 
and  that  he  has  not  been  guilty  of  any  fraud,  deceit,  or  falsehood  in  rela- 
tion to  his  property  he  will  be  permitted  to  take  the  oath  and  will  be  forever 
discharged  from  arrest  on  that  claim.  If  he  has  given  bond  as  aforesaid  he 
may  apply  to  take  the  oath  at  any  time  within  a  year  from  the  date  of  the 
bond. 

Taxes. — Are  assessed  April  1st  of  each  year  and  are  a  lien  on  realty. 
Land  sold  for  taxes  may  be  redeemed  within  one  year  from  the  day  of  sale  by 
paying  the  tax  and  costs  of  sale,  with  interest  at  twelve  per  cent,  from  date  of 
isale  to  date  of  payment. 

Usury. — {See  interest.) 

"Wages. — Wages  are  exempt  from  attachment  to  the  amount  of  twenty 
dollars  unless  the  plaintiff's  claim  is  for  necessaries  furnished  defendant  or 
his  family.  The  wages  of  defendant  earned  after  service  upon  the  trustee 
(or  garnishee)  are  exemi>t,  also  wages  of  the  wife  or  minor  children  are  ex- 
empt from  attachment  on  the  debt  of  the  father  or  husband.  {See  garnish- 
ment.) 

Wages  due  any  operative,  clerk,  house  servant,  or  other  laborer,  not  ex- 
ceeding fifty  dollars,  for  labor  performed  within  six  months  prior  to  an 
assignment  under  the  insolvent  law,  must  be  paid  in  full.  An  assignment 
of  wages  to  be  earned  in  the  future,  is  not  valid  as  against  a  creditor  of  the 
person  making  such  assignment,  until  a  copy  accepted  in  writing  on  the 
oack  thereof,  has  been  tiled  with  the  clerk  of  the  town  in  which  the  person 
making  the  assignment  resides. 

Wills. — Wills  to  be  effectual  in  passing  real  or  personal  estate,  must  be 
made  by  a  person  of  sound  mivid  and  twenty-one  years  of  age,  in  writing, 


NEW  HAMPSHIRE.  563 

sij^ned  by  the  testator,  or  by  some  one  in  his  presence,  by  his  direction,  and 
attested  and  subscribed  in  his  presence  by  three  witnesses  who  are  not 
devisees  or  legatees.     A  seal  is  not  necessary. 

A  will  made  in  another  state  or  county,  is  valid  and  eftective  in  this  state 
if  executed  according  to  the  laws  of  the  place  of  execution. 

Children  and  their  issue  not  named  in  the  will,  and  who  are  not  devisees 
or  legatees,  are  entitled  to  the  same  portion  of  the  testator's  estate  as  they 
would  be  if  he  died  intestate. 

Witnesses. — {See  Evidence.) 


564 


NEW  HAMPSHIRE. 


ATTORNEYS  IN  NEW   HAMPSHIRE. 


Bold  Face  Type  denotes  county  seats.       A  dash  (- 
Figures  after  names,  when  admitted  to  the  Bar. 
A  double  dagger  (J)  our  Compiler  of  Laws. 
A  dagger  (t)  former  recommendation  withdrawn. 


-)  less  than  100  population. 
A  star  (*)  Notaries  Public. 


PLACE. 

COUNTY. 

NAMES    OF  ATTOKNEYS. 

popula'n 

Berlin  Falls 

Coos 

R.  M.  Chamberlin. 

1,800 

Bristol 

Grafton 

Fling  «fc  Chase, 

1.353 

Canaan 

Grafton 

G.  W.  Murray. 

1,763 

Claremont 

Sullivan 

H.  W.  Parker. 

5,000 

Colebrook 

Coos 

J.  J.  Parsons. 

2,000 

Concord 

Merrimack 

r  t  George  M.  Fletcher. 

"1^     iSee  Card  in  Appendix,  page 

xiv.  13,843 

Derry  Depot 

Rockingham 

S  DRURY  ('80)  &  FELCH  ('83).   ... 
'(  Attention  to  business  a  specialty. 

Dover 

Stafford 

J.  G.  Hall. 

14,000 

Exeter 

Rockingham 

J.  F.  Wiggin, 

3,700 

Farmington 

Stafford 

G.  M.  Eastman. 

3,044 

Fisherville 

Merrimack 

D.  F.  Dudley. 

1,450 

Franklin 

Merrimack 

Edward  G.  Leach. 

4,000 

Gorham 

Coos 

A.  R.  Evans. 

1,383 

Hampton 

Rockingham 

Chas.  M.  Lamprey. 

1,184 

Hanover 

Grafton 

Fred.  Chase. 

2,149 

Haverhill 

Grafton 

N.  W.  Westgate, 

2,452 

Hinsdale 

Cheshire 

E.  J.  Temple. 

2,100 

Keene 

Cheshire 

Lane  &  Dole. 

7,000 

Kingston 

Rockingham 

0.  H.  Keyes. 

1,080 

Laconia 

Belknap 

S.  C.  Clark. 

5,800 

Lake  Village 

Belknap 

S.  C.  Clark. 

1,500 

Lancaster 

Coos 

Ladd  &  Fletcher. 

2,723 

Lebanon 

Grafton 

John  L.  Spring. 

3,354 

Littleton 

Grafton 

Bingham,Mitchels&Balchellor.2,936 

Manchester 

Hillsborough 

David  Cross. 

35,000 

Milford 

Hillsborough 

R.  M.  Wallace. 

2,500 

Nashua 

Hillsborough 

E.  S.  &  H.  A.  Cutter. 

16,000 

New  Ipswich 

Hillsborough 

W.  A.  Preston. 

1,500 

New  Market 

Rockingham 

I.  T.  George. 

2,369 

Newport 

Sullivan 

A.  S.  Wail. 

3,000 

Oxford 

Grafton 

Chapman  &  Lang. 

1,050 

Ossipee 

Carroll 

Frank  Weeks. 

1,782 

Peterborough 

Hillsborough 

F.  G.  Clark. 

2,500 

Plaistow 

Rockingham 

W.  H.  Hills. 

1,003 

Plymouth 

Grafton 

Bvirleigh  &  Adams. 

1,715 

Portsmouth 

Rockingham 

Frink  &  Balthelden. 

9,690 

Rochester 

Strafford 

Worcester  &  Gafney. 

6,000 

Suncook 

Merrimack 

J.  B.  Hazleton. 

3,487 

Walpole 

Cheshire 

J.  G.  Bellows. 

2,018 

Wilmot 

Merrimack 

W.  W.  Flauders. 

1,081 

Wolf  borough 

Carroll 

C.  W.  Sanborn. 

NEW  HAMPSHIRE. 


565 


BANKS  IN    NEW   HAMPSHIRE. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  of  one 
bank  in  each  county  of  tliis  state  in  wliicli  sucli  a  banking  institution  is  located. 


NAME   OF   BANK. 

Connecticut  River  Nat.  Bk. 
Claremont  Nat.  Bank 
First  National  Bank 
Derry  National  Bank 
Cochecho  National  Bank 
Monaduock  National  Bank 
National  Granite  State  Bank, 
Farmington  National  Bank 
First  National  Bank 
Franklin  National  Bank 
Great  Falls  National  Bank 
Dartmouth  National  Bank 


Charlestown 

Glaremont 

Concord 

Derry 

Dover 

East  Jaffrey 

Exeter 

Farmington 

Francestown 

Franklin 

Great  Falls 

Hanover 

Hillsboro  Bridge.  First  National  Bank 


Keene 

Laconia 

Lancaster 

Lebanon 

Littleton 

Manchester 

:Milford 

Nashua 

New  Market 

Newpoi't 

Oxford 

Peterborough 

Pittsfield 

Plymouth 

Portsmouth 

Rochester 

Salmon  Falls 

Tilton 

"Winchester 

Wolfeborough 


Cheshire  National  Bank 
Laconia  National  Bank 
Lancaster  National  Bank 
National  Bank  of  Lebanon 
Littleton  National  Bank 
Amoskeag  National  Bank 
Soithegan  National  Bank 
Second  National  Bank 
New  Market  National  Bank 
First  National  Bank 
Isaac  Willard 
First  National  Bank 
Pittsfield  National  Bank 
Pemigewasset  Nat.  Bank 
First  National  Bank 
Rochester  National  Bank 
Salmon  Falls  Bank 
Citizens'  National  Bank 
Winchester  National  Bank 
Lake  National  Bank 


PAID   UP 

CASHIER. 

CAPITAL. 

Geo.  Olcott. 

$100,000 

Geo.  N.  Farwell. 

150,000 

C.  G.  Remick. 

150.000 

F.  J.  Shepard. 

60.000 

Harrison  Haley. 

150,000 

C.  L.  Rich. 

100,000 

,C.  E.  Byington. 

100,000 

Jas.  B.  Edgerly. 

100,000 

G.  W.  Cummings. 

100,000 

Frank  Proctor. 

100,000 

Joseph  A.  Sticknev. 

150.000 

C.  P.  Chase. 

50,000 

J.  C.  Campbell. 

50,000 

R.  H.  Porter. 

200,000 

O.  W.  Tibbetts. 

150,000 

F.  D.  Hutchins. 

125,000 

E.  H.  Kendrick. 

100,000 

0.  C.  Hatch. 

150,000 

G.  B.  Chandler. 

200,000 

F.  T.  Sawyer. 

100,000 

F.  A.  Eaton. 

150.000 

.S.  A.  Haley. 

80,000 

Frederick  NV.  Lewis. 

100,000 

20,000 

C.  P.  Richardson. 

100,000 

Jno.  A.  Goss. 

50,000 

0.  B.  Copeland. 

75,000 

C.  A.  Hazlett. 

300,000 

H.  M.  Plumer. 

50,000 

W.  H.  Morton. 

50,000 

W.  T.  Cass. 

70.000 

Henry  Abbott. 

200.000 

Chas!  F.  Parker. 

125,000 

STATE  OF 

NKW  JKRSKY. 

SUMMARY  OF 

CoivIvKCTION      LaW3. 

Court  Calendar,  Instructions  for  taking  Depositions,  Legal,  Forjis,  Etc. 

Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "  Showers' 

Legal  Directory  and  Merchants'  Guide,"  for  1888,  by 

S.  B.  Hutchinson,  of  the  Trenton  Bar. 

Acknowledgments. — Of  deeds  are  made  within  the  state  before  the 
chancellor  or  a  justice  of  the  supreme  court,  a  master  in  chancery,  judge  of 
the  court  of  common  pleas,  or  commissioner  of  deeds.  Without  the  state, 
before  a  justice  of  the  supreme  court  of  the  United  States,  or  a  district  judge 
of  the  same,  or  a  judge  or  justice  of  the  supreme  or  superior  court  of  the 
state,  district  or  territory,  or  before  any  mayor,  or  chief  magistrate  of  any 
city,  or  before  a  judge  of  the  court  of  common  pleas,  or  county  coui-t  of  such 
state,  district  or  territory,  or  commissioner  for  New  .Jersey,  or  by  any  officer 
in  some  other  state  in  the  Union,  authorized  at  the  time  of  such  proof  or  ac- 
knowledgment, by  the  laws  of  the  state  wherein  the  same  shall  be  made  or 
taken,  to  take  the  acknowledgment  of  deeds  of  lands  lying  and  being  in  such 
state.  In  case  the  acknowledgment  is  made  before  a  mayor  or  chief  magis- 
trate, the  certificate  must  be  attested  by  the  seal  of  the  city  ;  if  before  a 
judge  of  the  court  of  common  pleas  or  county  court,  or  other  officer,  it  must 
be  attested  by  seal  of  such  court,  and  certified  by  the  clerk  of  the  court.  In 
foreign  countries  acknowledgment  or  proof  may  be  made  before  any  court  of 
law,  mayor  or  chief  magistrate,  or  any  ambassador,  consul  or  other  repre- 
sentative of  the  United  States. 

Form  of  Acknowledgmoit  by  Hnshdiid  and  Wife. 

State  of  New  Jeksey,  ? 
County  of .       ^     ' 

Be  it  rememhered.   That  on  this day  of ,  in  the  year  one  thousand 

eight  hundred  and ,  before  me,  ,  personally  appeared ,  who,  I 

am  satisfied,  the  grantor  in  the  within  indenture  named  ;  and  I,  having 

first  made  known  to the   contents   thereof,  did acknowledge 

that signed,  sealed  and  delivered  the  same  as voluntary  act  and 

deed  for  the  uses  and  i5uri30ses  therein  expressed. 

And  the  said  -. ,  being  by  me,  privately  examined,  separate  and  apart 

iVoni said    husband,    did    further  ■ acknowledge  that  signed, 

sealed  and  delivered  the  same  as voluntary  act  and  deed,  freely  and 

without  any  fear,  threats  or  cumpulsion  of  or  from said  husband. 

[seal.]  {Signature  and  title  of  officer.) 

Actions. — Forms  of,  as  at  common  law,  commenced  by  writs  of  summons, 
capias  and  respoadeadum,  or  warrant,  attachment  and  repleviiL 


NEW  JERSI:Y.  567 

Administration. — If  any  person  die  intestate,  or  if  the  executor  named  in 
any  testament  renounce  the  executorship,  tiien  the  surrogate  of  the  county 
shall  grant  letters  testamentary  to  the  •widow  or  the  next  of  kin  of  such  in- 
testate or  executor,  if  they  or  any  of  them  will  accept  the  same  ;  otherwise 
to  some  other  proper  person. 

Affidavits. — An  oath  may  be  taken,  if  the  deiionent  requests  it,  l»y  tlie 
ceremony  of  lifting  up  the  liand  and  swearing  by  the  ever-living  God,  instead 
of  that  of  kissing  tlie  book  of  the  Gosi)els.  An  oath  required  or  authorized 
for  any  lawful  purpose  in  this  state  (except  official  oaths  and  depositions  re- 
quired to  be  taken  on  notice),  when  taken  out  of  this  state,  may  be  taken 
before  a  notary  public  of  the  state  or  country  wherein  it  is  taken,  or  before 
any  officer  authorized  by  the  laws  of  this  state  to  take  acknowledgments  of 
deeds  in  such  state  or  country.  (See  Deeds.)  A  recital  that  he  is  such  notary 
or  officer  in  the  jurat  or  certificate  of  such  oath,  and  his  official  designation 
annexed  to  his  signature,  and  attested  to  under  his  official  seal,  is  sufficient 
proof  that  the  person  before  whom  the  same  is  taken  is  such  a  notary  or 
officer  ;  provided,  that  when  any  other  certificate  is  rec^uired  to  be  amiexed 
to  the  certificate  of  such  officer,  other  than  a  notary  public,  for  the  recording 
of  a  deed  acknowledged  before  him,  a  like  certificate  shall  be  annexed  to  his 
certificate,  of  the  taking  of  such  oath.     (Rev.,  p.  740.) 

Aliens. — Whether  resident  or  non-resident,  may  hold  and  transmit  real 
property. 

Appeals. — An  aj)peal  upon  a  point  of  law  lies  from  the  district  court  of 
any  city  to  the  court  of  common  pleas  of  tlie  county,  and  fi'om  thence  to  the 
supreme  court  upon  certiorari.  In  cities  where  there  are  district  courts,  ap- 
peals from  justices'  courts  are  to  be  heard  by  the  district  court  judges. 

Arrests. — Arrest  in  civil  cases  is  not  lawful  on  Sunday.  No  arrest  in  an 
action  founded  upon  contract  shall  be  lawful  except  upon  proof  made  :  1st. 
That  defendant  is  about  to  remove  any  of  his  j^roperty  out  of  jvirisdiction  of 
couit  with  intention  to  defraud  his  creditors  ;  or  2d.  That  the  defendant  has 
property  or  rights  in  action  which  he  fraudulently  conceals  ;  or  3d.  That  he 
has  assigned,  removed  or  disposed  of,  or  is  about  to  assign,  remove  or  dispose 
of  any  of  his  property  with  the  intent  to  defraud  his  creditors  ;  or  4th.  That 
the  defendant  fraudulently  contracted  the  debt,  or  incurs  the  obligation 
respecting  which  suit  is  brought. 

Assignments  and  Insolvency. — The  insolvent  laws  provide  for  the  dis- 
charge of  a  i^erson  under  arrest  for  the  debt  or  damages  on  his  delivering  up 
all  liis  real  estate  and  personal  property  to  his  creditors.  Assignments  by 
debtors  for  the  benefit  of  creditors  must  be  without  preference,  and  all 
others  are  void.  Debtor  must  annex  sworn  inventory.  Wages  of  servants, 
clerks  and  laborers,  up  to  8-300  each,  are  preferred  claims.  Assignee  must 
file  list  of  creditors  at  the  end  of  three  months,  make  dividends  at  the  next 
terai  of  court.  Creditor  not  presenting  claim  does  not  share  m  the  dividend, 
but  retains  his  right  of  action  against  the  debtor. 

Attachments. — Upon  affidavit  by  the  creditors,  his  agent  or  attorney,  of 
the  aiiio\uit  of  his  debt,  and  that  the  debtor  is  a  non-resident,  or  has  ab- 
sconded Irom  his  creditors,  the  rights,  credits,  moneys,  goods,  chattels  and 
i-eal  estate  of  the  debtor  may  be  seized.  Any  other  creditor,  upon  affidavit 
of  the  amount  of  his  debt,  and  application  to  the  cotirt,  will  be  allowed  to 
share  jyro  rata  in  the  proceeds  of  tlie  attached  property. 

Banks  and  Bankers. — Seven  persons  may  incorporate  themselves  as  a 
bank  of  discount,  with  a  minimum  ca])ital  of  $.")0,000,  under  a  general  bank- 
ing act,  and  upon  depositing  with  tlie  state  treasurer  appri)ved  securities, 
such  corporation  may  receive  from  him  bank  notes  to  an  eciual  amount  for 
circulation.     Savings  banks  may  be  incor])urated  in  like  mannei'. 


568  NEW   JERSEY. 

Bills  of  Exchange  and  Promissory  Notes.— (See  Notes  and  Bills.) 

Bills  of  Lading. —  Warehouse  Receij)ts. — Unlawful  for  any  wareliouseinan 
to  is.sue  any  receipt  unle.s.s  goods  shall  be  in  the  state  and  under  his  control. 

Storage  aud  carting  to  be  a  first  lien  upon  goods  and  chattels  left  for 
storage. 

Chattel  Mortgages.— ('Set'  Mortgarjes.) 

Conditional  Sales  of  Personal  Property.— (6Vd'  Chattel  Mortgages.) 

Corporations. — Every  corporation,  as  such,  shall  liave  power  :  1st.  To 
have  succession,  by  its  corporate  name,  for  the  period  limited.  3(1.  To  sue 
and  be  sued.  .  od.  To  make  and  use  a  common  seal.  4th.  To  hold,  purchase 
and  convey  such  real  and  personal  estate  as  the  purjinses  of  the  cori>oration 
shall  require.  5th.  To  appoint  officers  and  agents.  Oth.  To  make  by-laws. 
7th,  To  wind  vip  and  dissolve  itself. 

Corporations  are  formed  under  the  general  corporation  act  and  general 
railroad  law,  in  the  following  manner  : 

Any  three  or  more  persons  may  associate  themselves  into  a  company  (or 
.seven  if  a  railroad  company)  upon  filing  a  certificate  of  incorporation  in 
the  office  of  the  secretary  of  state.  Such  certificate  shall  set  forth:  1st. 
The  name  assumed  to  designate  such  company.  2d.  The  place  or  places  in 
this  state  where  the  business  of  such  company  is  to  be  conducted,  and  the 
objects  for  which  the  company  is  formed,  ^d.  The  total  amount  of  capital 
stock  and  the  number  of  shares  into  which  the  capital  stock  shall  be  divided. 
4.  The  names  and  residences  of  the  stockholders,  and  the  number  of  shares 
lield  by  each.  5th.  The  periods  at  which  such  company  shall  commence  and 
terminate. 

Costs,  Security  for. — If  plaintiff  reside  out  of  the  state,  he  shall  if  required, 
before  issue  joined,  give  bond  to  the  defendant  in  the  sum  of  one  hundred 
dollars  (in  chancery  suits,  in  the  sum  of  one  hundred  and  fifty  dollars)  witli 
one  or  more  sureties  being  freeholders  and  residents  of  the  state  of  New 
Jersey,  conditioned  for  the  payment  of  the  costs  of  suit. 

Such  sureties  shall  justify  or  be  approved  by  the  presiding  judge. 

In  lieu  of  the  bond  mentioned,  plaintift'  may  deposit  the  sum  named  with 
the  clerk  of  the  court. 

Courts. — Justice's  court  has  jurisdiction  in  actions  where  the  amonut  in 
controversy  does  not  exceed  two  hundred  dollars. 

TJte  city  district  courts  have  exclusive  (of  justices )jurisdiction  in  the  cities 
where  they  are  located,  where  the  amount  in  controversy  does  not  exceed 
three  hundred  dollars,  in  his  judgment  plaintiff  had  reasonable  ground  for 
bringing  actions  in  circuit  court. 

The  county  circuit  courts  have  jurisdiction  throughout  the  county,  but 
where  the  amount  recovered  does  not  exceed  one  hundred  dollars,  in  order  to 
carry  the  costs,  the  judge  must  certify  that  in  his  judgment,  plaintiff  had 
reasonable  ground  for  bringing  action  in  circuit  court. 

Court  Calendar : 

UNITED    STATES    CIRCUIT    AND    DISTRICT    COURTS. 

Associate  Justice  of  United  States  Supreme  f'onrt — Joseph  P.  Bradley,  of  New- 
Jersey.  Circuit  Judge — William  MoKennan,  Washington,  Pa.  District  Judge — John 
T.  Nixon,  Trenton.  I'nited  States  District  Atttirne)j — Jol).  Ijippiucott,  Jersey  City. 
United  States  Marshal~\y\\\\a,Ya  Budd  Deacon,  Mount  Holly.  C  I'rk  of  United  States 
Circuit  Courts.  Duncan  Ollphant,  Trenton.  Clerk  of  Unittd  StitteaDistrict  Court— 
Llnsly  Rowe,  Trenton. 

COURT    OF    ERRORS    AND    AI'PEAI.S. 

As  to  the  Chancellor  and  Ju.stices  of  the  Suiirenio  Court,  who  are  ex-o^cio  judges 
of  this  Court,  see  Ijelow.  The  other  judges  of  the  Court  of  Errors  and  Appeals  arc 
Hondrlck  H.  Brown,  William  Paterson,  John  Clement,  Martin  Cole,  John  McGregor, 
Jonathan  S.  Whitakcr.    Clerk— Henry  ('.  Kelsey  (i^eeretary  of  State),  Trenton. 


i.  March,  3d  Tues.  June  and  3d  Tues.  Nov. 
■;.  Fob.,  3d  Tues.  May  and  3d  Tues.  Oct. 
s.  Feb.,  rid  Tues.  May  and  3d  Tues.  Oct. 


NEW  JERSEY.  569 

COURT    OF    CHANCERY. 
Chancfillor— Alexander  T.  Mc(iill,  Jr.,  Newark.     Vice  ('hnncellor.t—Abvaham  V. 
Van  Fleet,  Newark  ;  John  T.  Bird,  Trenton.    acrA— Allan  L.  McDermott,  Trenton. 

SUPREME    COURT. 

Chief  Justice— yievcer  Beasley,  Trenton.  Associn/e  Justices— Bawid  A.  Depue, 
Newark;  Rennet  Van  Syckel,  Trenton;  Edward  W.  «cudder  Trenton  ;  Manning  M. 
Knaijp,  Hackensack  ;  Jonathan  Uixon,  Jersey  City  ;  Alfred  Reed, Trenton ;  William 
J.  Magie,  Elizabeth  ;  Joel  Parker,  Freehold.  Attorney  General— Sohn  P.  Stockton, 
Trenton.    C^e/A— Renjainiu  F.  Lee,  Trenton. 

TIMES    FOR    HOLDING    COURTS. 

Courts.  Terms  Jicf/in. 

Court  of  Errors  and  Appeals     .  .   .IstTuos. 

Court  of  Chancery 1st  Tues. 

Prerogative  Court 1st  Tues. , 

Court  of  Pardons  ....       1st  Tues.  Mareh,  3d  Tues.  June  and  3d  lues.  Nov. 

Supreme  Court 3d  Tues.  Feb.,  1st  Tues.  June  and  1st  Tues.  Nov. 

United  States  Circuit  Court  ....  4th  Tues.  March  and  4th  Tues.  Sept. 
United  States  District  Court .  .   .   .3d  Tues.  Jan.,  3d  Tues.  April,  3d  Tues.  June  and 

3  Tues.  Sept. 

CIRCUIT    COURTS. 
Courts.  I'erms  Beryin. 

1st  District— Justice  Reed. 

Cape  Mav 4th  Tues.  April,  4th  Tues.  Sept.  and  3d  Tues.  Dec. 

Cumberland Isi  Tues.  Jan.,  1st  Tues.  May  and  1st  Tues.  Oct. 

Salem 3d  Tues.  Jan.,  3d  Tues.  May  and  3d  Tues.  Oct. 

Atlantic 2d  Tues.  April,  2d  Tues.  Sept.  and  2d  Tues.  Dec. 

2d  District— Justice  Parker. 

<iloucester 1st  Tues.  April,  1st  Tues.  Sept.  and  1st  Tues.  Dec. 

Camden 2d  Tues.  Jan.,  2d  Tues.  May  and  2d  Tues.  Oct. 

Burlington 3d  Tues.  April,  3d  Tues.  Sept.  and  3d  Tues.  Dec. 

od  District— Chief  Justice  Beasley. 

Mercer 3d  Tues.  Jan.,  2d  Tues.  May  and  2d  Tues.  Oct. 

Hunterdon 2d  Tues.  April,  2d  Tues.  Sept.  and  2d  Tues.  Dec. 

Warren 4th  Tues.  April  and  4th  Tues.  Sept.,  1st  Tues.  after 

4th  District— Justice  Scudder.  the  4th  Tues.  in  Dec. 

Middlesex     1st  Tues.  April,  2d  Tues  Sept.  and  1st  Tues.  Dec. 

Monmouth 1st  Tues.  May  and  1st  Tues.  Oct.,  1st  Tues.  after 

oth  District -Justice  Magie.  the  1st  day  of  Jan. 

Somerset 3d  Tues.  April,  4th  Tues.  Sent,  and  3d  Tues.  Dec. 

Morris 3d  Tues.  Jan.,  1st  Tues.  May  and  2d  Tues.  Oct. 

Sussex     1st  Tues.  April,  2d  Tues.  Sept.  and  1st  Tue.s.  Dec. 

6th  District— Justice  Dixon. 

Bergen 1st  Tues.  April,  2d  Tues.  Sept.  and  l.st  Tues.  Dec. 

Passaic 4th  Tues.  April  and  4th  Tues.  Sept.,  1st  Tues.  after 

7th  District— Justice  Depue.  Jan.  1st. 

Essex 1st  Tues.  April,  2d  Tues.  Sept.  and  1st  Tues.  Dec. 

8th  District— Justice  Knapp. 

Hudson 1st  Tues.  April,  2d  Tues.  Sept.  and  1st  Tues.  Dec. 

tttli  District— Justice  Van  Syckel. 

Union 1st  Tues.  Jan.,  1st  Tues.  May  and  1st  Tues.  Oct. 

Ocean 2d  Tues.  April,  1st  Tues.  Sept.  and  1st  Tues.  Dec. 

Curtesy. — Tlie  common  law  tenancy  by  the  curtesy  is  not  materially  niod- 
itied  Viy  the  Xew  Jersey  statutes. 

Deeds. — Pursue  the  common  law  forms.  They  must  be  under  seal. 
Scroll  not  sufficient.  One  witness  is  usual,  but  not  necessary.  The  word 
heirs  is  necessary  to  convey  the  fee.  Husband  and  wife  must  Join  in  a  con- 
veyance of  the  estate  or  right  of  dower  of  the  wife.  Husband  must  join  in 
deed  of  wife's  land.     (See  Acknowledgments.) 

Descent  and  Distribution. — Real  estate  descends  equally  without  regard 
to  sex. 

If  child  of  desceiulent  dies  before  the  ancestor  the  issue  of  such  child 
shall  take  the  parent's  share.  When  there  is  no  will  the  personal  estate 
after  payment  of  expenses  and  debts  shall  be  divided  among  the  wife  and 
children  or  children's  children,  if  any  such  there  be,  or  otherwise  tothe  next 
<if  kindred  of  the  intestate  in  equal  degrees. 


5^  2fEW  JER^jZY. 

Devoatiaas. — 

OATH  OF  COMXIsaOXEK. 

State  of  Xew  Jek^et.    } 
Coc3TT  or .      ^  >  *^ 


B*  it  rif  e»i*rwL.  That  od  this day  of .  in  the  year  of  oar  Lord 

ooe  Aonwmii  ta^A  handled  and .  at ,  in  the  Conntj  of .  and 

Scate  rf .  hefose  me, ,  vho  am  a ^  and  lawfbllT  authorized  to 

adaimBter  oaths  and  affirmatims  m  the  state  and  eoanxr  aforesaid,  person- 

aOjr  appealed ,  residn^  m ,  theammussianer  in  the  -within  commis- 

aoB  nanKd,  who,  heii^  by  ine  dnlj  smora,  on oaldi  do  say  that 

viD  ^SQdaSj.  fiJdj  and  impartially  exeetrte  the  said  commiasgop. 

(Gommtsnoner^M  mgiuivTt.) 

Swon:   :■  j    inJ  •?n'f:'^:-rl"be<i  befort  me  lie day  and  year  above  -writtEn. 

[ST-iT- 1  ^  Signature  and  tiiie  of  ojficer. ) 

CAPTION. 

Bt  it  Ttmtmitertid,  That  on  this day  of ,  in  the  year  of  our  Lord 

.    at ,  in  the <rf ,  in  the  county  of ,  and  state  of , 

being  the  time  and  plaee  appointed  by  as  for  taMng  the  examinatiou  of  the 

nilnesB  mmf-d  in^e  eommjasion  to  which  this  sehednle  is  annexed,  we 

and ',  the  eommisBianers  tiierein  named,  having  first  taken  tiie  oath  re- 

qnited  <^  itt  in  this  behalf,  faithfally,  £furiy  and  impartially  to  execote  the 
said  eommiaBKm  be£o«e ,  who  is  a ,  lawfully  authorized  to  adminis- 
ter, oadK  and  affirmaticms  in  said  county  and  state,  proceeded  to  examine 
SQdi  of  the  witnesses  afosesaid  aseoold  be  met  with  upon  the  interrogatories 
annexed  to  the  said  eommission  as  therein  directed,  and  caused  such  exami- 
nation to  be  taken  down  in  writing,  and  signed  by  the  witnesses  respeotiTe- 
ly,  and  s%ned  the  same  oorselTes,  as  hereinafter  follows  : 

,  ooe  of  the  said  witnesses  appealing  before  tis,  and  being  by  us  duly 

sworn  (or,  "and  alleging  himself  to  be  conscientiously  scrupulous  of  taking 
an  oath,  ajid  being  thereupora  duly  affirmed  by  us,  and  haTing  solemnly,  sin- 
cerely aoid  truly  (Glared  and  affirmed  "  j  that  the  answers  he  should  give  to 
the  said  interrogatories  should  be  the  truth,  the  whole  tmth  and  nothing 
bat  the  truth.  To  the  first  interrogatory  he  says  :  (Here  state  the  testi- 
mony.)    To  the  second  interrogatory  he  says  :     (Here  state  the  testimony.) 

cxbtificate. 
State  of  Xew  .Jersey,   > 

COOTT  OF  .  >    ^' 

.  the  commLssioner  within  named,  do  hereby  certify  and  return  to  the 

court  of that hare  duly  executed  the  within  commission  in 

manner  and  form  as  is  therein  and  thereby  commanded  :  and  that  the  exe- 
caticm  thereof  will  fuUy  appear  by  the  schedule  to  the  said  commis^ioa  and 
the  accompanying  interrogatories  annexed. 

Given  under hand  and  seal  this day  of .  A.  D.  IS — . 

[seal,]  {Signature  and  title  of  officer.) 

Divorce. — The  court  of  chanc-ery  has  exclusive  jurisdiction  of  all  causes 
of  divorces,  alimony  or  maintenance.  Divorces  shall  be  decreed  when  either 
party  has  another  wife  or  husband  living  at  the  time  of  such  second  or  other 
marriage.  Divorces  may  be  decreed  in  case  the  parties  are  within  the  pro- 
hibited degree — in  case  of  adultery,  for  desertion  for  the  time  of  their  sej.a- 
ration,  for  nnpotence,  for  extreme'  cruelty. 

Dower. — The  common  law  right  of  dower  is  not  essentially' modified  by 
the  >'few  .Jersey  statutes. 


NEW  JERSEY.  571 

Executions. — Issue  immediately  upon  a  renditiim  of  j\id<;ineiit,  and  are 
returnable  either  in  term  or  vaeation.  A  sale  uiuler  execution,  issued  upon 
a  junior  judgment,  discharges  a  lien  of  a  prior  judgment  on  which  no  execu- 
tion has  been  issued  and  levy  taken.  The  proceeds  are  ai)i)lied  to  the  pay- 
ment of  the  execution  upon  which  the  sale  is  had.  There  is  no  stay  of  exe- 
cution, except  on  those  which  are  issued  out  of  the  justice's  courts.  In 
these  courts  thirty  days  are  allowed  on  sums  up  to  $15  ;  three  months  up  to 
$60,  and  six  months  on  all  sums  over  600,  by  debtor  giving  security.  There 
is  no  redemption  after.sale  in  any  case. 

Exemptions. — The  lot  and  buildings  thereon,  owned  and  occupied  by  the 
debtor,  being  the  head  of  a  family,  to  the  value  of  $1,000,  providing  that  in 
the  debtor's  deed  it  is  set  out  that  the  projierty  is  intended  for  a  homestead, 
or  else  that  notice  to  such  effect  is  filed  in  the  county  clerk's  office.  Person- 
al property  to  the  amount  of  $200,  besides  wearing  apparel,  owned  by  a  resi- 
dent head  of  a  family,  appraised  by  three  persons  appointed  by  the  sheriff ; 
and  the  widow  or  administrator  of  a  deceased  person  may  claim  the  same 
exemption  of  $200  as  against  the  creditors. 

Frauds,  Statute  of. — No  action  shall  be  broxight.  1.  To  charge  any  ex- 
ecutor or  administrator  upon  any  special  promise  to  answer  damages  out  of 
his  own  estate.  2.  To  charge  the  defendant  upon  any  special  promise  to 
answer  for  the  debt  of  another.  3.  To  charge  any  person  upon  any  agree- 
ment made  upon  consideration  of  marriage.  4.  Or,  upon  any  contract  for 
the  sale  of  lands,  unless  the  agreement  upon  which  such  action  shall  be 
brought  shall  be  in  writing. 

Every  contract  for  the  sale  of  goods,  wares  or  merchandise,  for  the  price 
of  thirty  dollars  or  upwards,  unless  :  1,  a  note  or  memorandum  of  such 
contract  shall  be  in  writing.  2.  Unless  the  buyer  shall  accept  part  of  the 
goods  so  sold  ;  3,  oi",  unless  the  buyer  shall  give  something  in  earnest  to 
bind  the  bargain. 

Garnishee. — {See  Attachment.)  Proceedings  are  instituted  by  writ  of  at- 
tachment and  by  levy  of  execution. 

Grace. — {See  Notes  and  Bills.) 

Homestead. — {See  Exemptions.) 

Insolvent  Laws. — {See  Assignments.) 

Interest. — Legal  interest  on  debts  and  judgments,  six  percent.  Usury  is 
jmnishable  by  forfeiture  of  all  interest  and  costs.  Interest  on  an  open  ac- 
count accrues  on  each  item  from  its  date,  as  at  common  law. 

Justices  of  the  Peace. — {See  Courts.) 

Judgments. — Become  a  lien  on  lands  from  time  of  actual  entry,  and  so 
remain  for  twenty  years,  unless  cut  out  by  an  execution  issued  on  a  younger 
judgment,  under  which  a  levy  is  taken.  Where  there  are  several  judgments, 
that  under  which  the  first  levy  is  taken  takes  priority.  Judgments  i-ecov- 
ered  or  docketed  in  tlve  supreme  court  are  a  lieu  on  all  lands  of  defendant 
within  the  state. 

Limitations  of  Suits. — Contracts  not  under  seal,  six  years ;  real  actions 
and  judgments,  twenty  years  ;  notes  secured  by  mortgage  and  contracts  un- 
der seal,  sixteen  years.  Reviver  :  Part  payment  or  new  promise  or  ack- 
nowledgment in  writing. 

Married  Women. — Hold  and  control  their  property,  real  and  personal, 
jirecisely  as  if  unmarried.  But  a  married  woman  connot  become  an  accom- 
modation indorser,  guarantor  or  surety,  nor  can  she  convey  or  incumber 
real   estate   without   her  husband.     A  married  woman  may  make  a  w  ill  of 


572  NEW  JERSEY. 

her  separate  estate  as  if  slie  were  sole,  but  cannot  defeat  her  husband's  in- 
terest in  her  real  estate,  although  she  can  make  absolute  disposition  of  her 
own  private  personal  pioperty,  without  regard  to  her  husband.  Widow 
takes  dower  ir.  one-third  of  real  estate  of  which  her  husband  was  seized  at 
any  time  during  coverture  to  which  she  has  signed  no  deed  of  release. 

Mechanics'  Liens. — Debts  contracted  in  erection  of  building  become  a 
lien.     But  when  contract  is  filed,  building  liable  to  contractor  alone. 

If  contractor  refuses  to  pay  workman  he  may  serve  retainer  upon  the 
owner  and  such  retainer  becomes  an  assignment  of  the  debt. 

Mortgages. — JNIust  be  under  seal,  and  the  wife  must  join.  Foreclosure  is 
by  suit  in  equity.  Chattel  mortgages,  unless  accompanied  by  immediate  de- 
livery and  followed  by  continued  change  of  possession  of  things  mortgaged, 
are  absolutely  void  as  against  creditors  and  subsequent  bona  fide  purchasers 
and  mortgagees,  unless  said  mortgage  has  been  acknowledged  or  proved  ac- 
cording to  law,  and  recorded  in  a  book  for  that  purpose.  Chattle  mortgage 
must  have  an  affidavit  annexed,  setting  out  the  interest  of  the  xiortgagee, 
consideration  of  the  mortgage  and  the  amount  due  and  to  grow  due  thereon; 
said  affidavit  to  be  made  by  the  holder. 

Notes  and  Bills  of  Exchange. — Inland  bills  of  exchange  are,  in  general, 
.subject  to  the  law  of  foreign  bills.  They  must  be  protested.  Sight  bills  or 
drafts,  except  those  on  banking  associations,  have  three  days'  grace.  The 
action  required  to  hold  indorser  is  the  same  as  under  the  general  mercantile 
law.  Drafts  and  notes  due  on  a  legal  holiday,  are  payable  on  the  first  legal 
busines  day  following  such  holiday,  and  notice  of  non-payment  may  be  given 
the  day  after.  But  if  the  legal  holiday  (other  than  Sunday)  should  fall  upon 
a  Sunday  or  Monday,  bills  are  payable  on  Tuesday,  and  notice  may  be  given 
on  Wednesday,  Legal  holidays  are  ;  Sundays,  January  1st,  February  22d, 
May  30th,  July  4th,  December  25th,  Thanksgiving  Day  and  all  days  on  which 
a  general  election  for  members  of  the  assembly  may  be  held,  and  also  any  day 
set  apart  by  proclamation  of  the  governor  of  this  state,  or  by  the  President 
of  the  Unitecl  States  for  the  purpose  of  public  observance.  If  any  of  these 
days  happen  on  Sunday,  the  holiday  is  kept  Monday. 

Proof  of  Claims. — Preliminary  requisites.  An  attorney  in  New  Jersey 
should  be  furnished  with  the  christian  name,  surname,  and  residence  of  the 
proposed  i^laintifts  and  defendants  ;  if  either  party  is  a  partnership,  the  same 
particulars  as  to  each  member  of  the  firm.  A  non-resident  jilaintift'  must 
provide  resident  freehold  security  for  costs,  if  required,  to  the  amount  of  one 
hundred  dollars.  In  any  action  on  a  record  or  a  contract,  express  or  im- 
plied, the  attorney  must  be  furnished  with  a  bill  of  jjarticulars  of  the  demand, 
or  a  copy  of  the  record,  bond,  note  or  other  writing. 

Stay  of  Execution. — Execution  may  issue  immediately,  except  that  in  a 
justice's  court.  When  defendant  appears  on  the  return  day  of  the  summons, 
or  on  the  day  judgment  is  rendered,  and  procures  good  and  sufficient  free- 
holders, residents  in  the  county,  to  join  with  such  defendant  in  the  confession 
of  judgment  to  the  adverse  party  with  costs,  execution  is  stayed  as  follows  : 
If  the  judgment  be  not  more  than  fifteen  dollars,  execution  shall  not  issue 
until  after  one  month  ;  if  judgment  be  more  than  fifteen  dollars  and  less 
than  sixty  dollars,  execution  shall  not  issue  until  after  three  months  ;  when 
the  judgment  shall  exceed  sixty  dollars,  no  execution  shall  issue  until  after 
six  months,     (Rev.,  p.  548.) 

Executions  are  stayed  by  appeal  to  common  pleas  and  on  writ  of  error. 

Witness. — Party  in  interest  may  be  ;  when  a  party  sues  or  is  sued  in  a 
representative  capacity,  the  opposite  party  will  not  be  allowed  to  be  sworn, 
except  when  such  party  who  sues  or  is  sued  in  a  rei)resentative  cai)icityis  ad- 
mitted as  a  witness  ;  then  the  opposite  i^arty  will  also  be  allowed  to  be  sworn 
as  a  witness. 


NEW  JERSEY. 


578 


ATTORNEYS    IN     NEW    JERSEY. 


Bold  Face  Type  denotes  county  seats.       A  dash  (—1  less  than  100  population. 
Figures  after  names  when  admitted  to  Bar.       A  star  (*)  ^J claries  Public. 
A  double  dagrger  (|)  our  Compiler  of  Laws. 
A  dagger  (t)  former  recommendations  withdrawn. 


PLACE. 

Asbury  Park 

Atlantic  City 

Belleville 

Belvidere 

Beverly 

Boonton 

Bordentown 

Botind  Brook 

Bridgeton 

Burlington 

Camden 


COUNTY. 


Monmouth 

Atlantic 

Essex 

Warren 

Burlington 

Morris 

Burlington 

Somerset 

Cumberland 

Burlington 

Camden 


Cape  May 

Cape  May 

Clayton 

Gloucester 

Closter 

Bergen 

Crawford 

Union 

Dover 

Morris 

Egg  Harbor  City 

Atlantic 

Elizabeth 

Union 

Elmer 

Salem 

Englewood 

Bergen 

Flemington 

Hunterdon 

Freehold 

3Ionmouth 

Frenchtown 

Hunterdon 

Gloucester  City 

Camdeti 

Hackensack 

Bergen 

Hackettstown 

Warren 

Haddonfield 

Camden 

Hammonton 

Atlantic 

Hightstown 

fiercer 

lloboken 

Hudson 

Jersey  City 

Hudson 

Keypurt 

Monmouth 

Lambertville 

Hunterdon 

Long  Branch 

Monmouth 

Madison 

Morris 

Matawan 

Monmouth 

NAMES  OF  ATTORNEYS.  POPULA  N 

C  \  Alfred  D.  Bailey. 

<  I  Datid  Hartey,  Jr.  2,124 

(  Isaac  E.  Kennedy. 

GEORGE  T.  INGHAM.  7.942 

Q.  H.  Perry.  3; 285 

J.  G.  Shipman  &  Son.  3,000 

James  Bennett.  1,973 

M.  S.  Kitchen.  2,390 

Mahlon  Hutchison.  4,683 

H.  C.  Snvdam.  1,011 

Wm.  A.Logue, 'T5.  10,065 

James  P.  Logan.  6,653 

f  Bergen  &  Bergen,  110  Market  St. 

j  FRISBEE,WM.P.,311M'k'tSt.^o  co^ 

1  Robbins,S.K.,211iM'k'tSt.  ^'^^^^^ 

I  Snyder,  H.  M.  Jr.,  27  Market  St. 

J.  B.  Huffman.  1,610 

Geo.  H.  Hewitt.  2,399 

C.  A.  Collins.  1,000 

{See  Westfield.)  1,100 

James  H.  Neighbor.  3,170 

A.  Stephauv.  1,713 

Wm.  P.  Wilson,  '70.  32,119 

A.  Cochran.  1,000 

Geo.  R.  Button.  4,429 

R.  S.  Kuhl.  3,979 

S  Frank  P.  McDermott,  '75  <, .  <, . 

>      Sec  Card  in  A2)i)eiidi:c,  pac/e  xiy.    ~>^*'* 

L.  D.  Hagaman.  1,066 

Henry  L.  Mcllvane.  5,966 

W.  M.  Johnson.  5,000 

Jacob  Allen.  2,645 

J.  W.  Westcott.  1,905 

A.  J.  King  cfc  Son,  2,700 

A.  A]ipleget.  1,608 
f  t  M.  Bretzfeld.  or,  r-oj 
\  A.  I,  Smith.  '  " 

Leon  Abbott.  15.3,513 

B.  B.  Ogden.  3,063 
W.  F.  Hay  hurst.  4,500 
HON.  BENJ.  P.  3I0RRIS.  5,140 
B.  R.  Cargan.  1,756 
R.  W.  Dayton.  1,455 


574 


NEW  JERSEY. 


May's  Landing 

Metucheu 

Millville 

Moorestown 

Morristown 

Mt.  Holly 

Newark 

New  Brunswick 

Newton 

Orange 

Oxford 

Paterson 

Perth  Amboy 

Phillipsburg 

Plainfield 

Princeton 

Kaliway 

Red  Bank 

Ridgewood 

Rockaway 

Rutherford 

Salem 

Somerville 

South  Amboy 
Toms  River 

Trenton 

Vineland 

Washington 

Westfield 

West  Hoboken 

Woodbridge 

Woodbury 

Woodstown 


COUNTY. 

Atlantic 

Middlesex 

Cumberland 

Burlington 

Morris 

Burlington 

Essex 

Middlesex 

Sussex 

Essex 

Warren 

Passaic 

Middlesex 

Warren 

Union 

Mercer 

Union 

Monmouth 

Bergen 

Morris 

Bergen 

Salem 

Somerset 

Middlesex 

Ocean 

Mercer 

Cumberland 

Warren 

Union 

Hudson 

Middlesex 

Gloucester 

Salem 


NAMES   OF   ATTORNEYS,      POPULA  N. 

Wm.  Moore.  744 

O.  F.  Browning.  1,500 

G.  B.  Ogden.  8,824 

(See  Camden.)  1,800 

WILLARD  W.  CUTLER.  5,418 

WALT^ER  A.  BARROWS, '73  4,680 


C.  Bercherling 

W.  P.  Voorhees 

Kays,  Huston  &  Kays. 

JAMES  W.  FIELD,  '55. 

David  Breston. 

G.  A.  Hobart. 

J.  W.  Burkman. 

WM.  M.  DAVIS. 

Snydam  &  Stillman. 

L.  H.  Anderson. 

Shafer  &  Durand. 
;*APPLEGATE,  '61  & 
\  *  HOPE,  '82 

J.  M.  Knapp. 

J.  F.  Stickle. 

L.  Shafer. 

W.  T.  Hilliard. 

JAMES  L.  GRIGGS. 
\  t  Tliomas  J.  Cloke. 
'  Chas.  Moi'gan. 
"  J.  H.  Birdsall. 

X  Symmes  B.  Hutchison, 

152  E.  State  St. 
8ee  Card  in  Appendix,  j)age  xv 

W.  Berautt.  3,170 

O.  Jeffrey.  3,000 

James  O.  Clark.  2,352 

A.  A.  Rich.  7,162 

E.  Cutler.  4,227 

John  S.  Jessup.  3,278 

Enoch  S.  Fogg.  1,500 


153,988 

18,258 

2,800 

15,231 

3,500 

36,273 

9,000 

8,058 

8,913 

3,209 

6,861 

3,185 

1,776 
5,573 
2,579 
6,000 
3,316 

4,000 

1,500 

34,386 


NEW  JERSEY 


575 


BANKS    IN    NEW    JERSEY. 

Giving  tlie  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  ot  one 
banli  in  each  county  of  this  state  in  which  such  a  banking  institution  is  located. 


KAME   OF    BANK. 

Fanners  National  Bank 
First  Xational  Bank 
Atlantic  City  Nat  Bank 
Belvidere  National  Bank 
Bloomsbury  National  Bank 
Bordentown  Banking  Co 
Cumberland  National  Bank 
^Mechanics'  National  Bank 
National  State  Bank 
First  National  Bank 

<(  f(  a 

Farmers  National  Bank 
National  Union  Bank 
National  State  Bank 
Hunterdon  Co  Nat  Bank 
Freehold  Banking  Co 
Union  National  Bank 
Hackettstown  Nat  Bank 
First  National  Bank 


Allentown 

Asbury  Park 

Atlantic  City 

Belvidere 

Bloomsbury 

Bordentown 

Bridgeton 

Burlington 

Oamden 

Clinton 

Cranberry 

Deckertown 

Dover 

Elizabeth 

Flemington 

Freehold 

Frenchtown 

Hackettstown 

Hightstown 

Hoboken 

Jamesburg 

Jersey  City 

Keyport 

Lambertville 

Long  Branch 

Madison 

Manasquan 

Matawau 

Med  ford 

Millville 

Moorestown 

Jlorristown 

Mt.  Holly 

Newark 

New  Brunswick  National  Bank  of  N  J 


Lambertville  Nat  Bank 
Long  Branch  Banking  Co 
First  National  Bank 

n  ii  a 

Farmers  &  Merchants  Bk 
Burlington  Co  Nat  Bank 
:Millville  Nat  Bank 
Moorestown  Nat  Bank 
National  Iron  Bank 
Farmers  Nat  Bk  of  N  J 
National  State  Bank 


Newton 

Orange 

Patterson 

Perth  Amboy 

Phillipsburg 

Plaintield 


Sussex  National  Bank 
Orange  National  Bank 
First  National  Bank 
Middlesex  County  Bank 
Phillip.sburg  Nat  Bank 
First  National  Bank 


CASHIER.   • 

T.  E.  Schanck. 
A.  C.  Twining. 
F.  P.  Quigley. 
I,  Harris. 
Louis  Anderson. 
A.  I.  Claypole. 

F.  M.  Riley. 
Nathan  Haines. 
W.  F.  Rose. 

N.  W.  Voorhees. 
Chas.  Applegate. 
Theo.  F.  Margarum. 
Geo.  D.  Meeker. 
Jas.  Maguire.      * 
John  B.  Hopewell. 
T.  A.  Ward. 
A.  B.  Haring. 
Robert  A.  Cole, 
James  H.  Johnes. 
W.  B.  Goodspeed. 
T.  W.  Hill. 

G.  W.  Conkling. 
Garrett  S.  Jones. 
I.  P.  Smith. 
John  Terhune. 
Wilbur  F.  Morrow. 
jNI.  D.  L.  Magee. 

C.  H.  Warden. 
•J.  Oliphant. 
H.  Mulford. 
Wm.  W.  Stokes. 

D.  D.  Craig. 

I.  P.  Goldsmith. 
Wm.  Rockwell. 

E.  S.  Campbell. 
Theo.  Morford. 
J.  Warren  Smith. 
Edward  T.  Bell. 
W.  H.  Peterson. 
John  A.  Bachman. 
Carmon  Parse. 


PAID  UP 
CAPITAL. 

$  50,000 

50,000 

50.000 

300,000 

80,000 

73,750 

150,000 

100,000 

260,000 

100,000 

50.000 

100,000 

100,000 

350,000 

200,000 

150.000 

113,350 

150,000 

150,000 

110,000 

75,000 

400,000 

50,000 

100,000 

90,000 

50,000 

50,000 

150,000 

100,000 

100,000 

50,000 

100,000 

200,000 

500,000 

250,000 

200,000 

150,000 

400,000 

35,000 

200,000 

200.000 


576 


NEW  JERSEY. 


PAID  UP 

PLACE. 

NAME  OF  BANK. 

CASHIER. 

CAPITAL. 

Princeton 

Princeton  Bank 

S.  T.  Seger. 

100,000 

Rahway 

Nat  Bank  of  Rahway 

M.  W.  Brett. 

100,000 

Red  Bank 

First  National  Bank 

J.  L.  Terhune. 

100,000 

Salem 

Salem  Nat  Banking  Co 

H.  M.  Rumsey. 
J.  W.  Taylor. 

150,000 

Somerville 

First  National  Bank 

100,000 

Swedesboro 

Swedesboro  Nat  Bank 

J.  C.  Rulon. 

53,000 

Tom's  River 

First  National  Bank 

Wm.  A.  Low. 

50,000 

Trenton 

(.             ((           (( 

Chas.  Whitehead. 

500,000 

Vincentown 

((            (.           i( 

Guy  Bryan. 

100,000 

Vineland 

Vineland  National  Bank 

C.  H.  Anderson. 

50,000 

Washington 

First  National  Bank 

A.  P.  Hann. 

100,000 

Woodbury 

"             "           •' 

J.  H.  Bradway. 

100,000 

Woodstown 

li                  a               a 

Wm.  Z.  Flitcraft. 

75,000 

TERRITORY  OF 

NKW  NIEXICO. 

SUMMARY  OF 

Collection    Laws. 

CorRT  Calendar,  Instructions  for  taking  Depositions,  Lk(;al.  Forms,  Etc. 

Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  tor  "  Showers' 

LEGAii  Directory  and  Merchants'  Guide,"  for  1888.  by 

W.  B.  Sloan  of  the  Santa  Fe  Bar. 

Acknowledgments. — Of  deeds  are  made,  if  taken  in  the  territory,  before 
any  judge  or  clerk  of  a  court  of  record  having  a  seal,  or  before  a  justice  of 
the  peace  or  notary  public.  If  made  vrithout  the  territory,  and  within  the 
United  States,  before  any  United  States  court,  or  any  court  of  any  state  or 
territory  having  a  seal,  or  before  the  clerk  or  judge  of  any  such  coui't,  the 
genuineness  of  the  signature  and  official  character  of  such  judge  to  be  certi- 
fied to  under  the  seal  of  his  court  by  the  clerk  thereof,  or  before  a  com- 
missioner of  deeds  for  New  jVIexico,  or  before  a  notary  public  having  an  offi- 
cial seal,  or  before  the  clerk  of  any  court  of  record  having  a  seal. 

Notary  publics  must  keep  a  record  of  all  business  transacted,  and  at  ex- 
piration of  term  of  office,  deposit  such  record  with  the  county  commissioners. 
No  conveyance  of  a  mari-icd  women  is  valid,  unless  executed  together  with 
her  husband. 

Actions. — Maybe  brought  before  justices  of  tlic  peace,  for  any  sum  not 
exceeding  one  hundred  dollars.  In  district  courts  from  one  cent  up  without 
limit.     (See  Appeals  uad  Affidavits.) 

Administration. — (The  Estates  of  Deceased  Persons.)  Probate  judges 
have  the  appointing  of  administrators,  or  administrators  with  the  will 
annexed,  of  the  personal  estate,  where  no  executors  are  named  in  the  will. 
Bond  must  be  executed  in  double  appraised  value  of  the  property.  Adminis- 
trators must  settle  in  one  year.  If  necessity  reiiuires  the  sale  of  real  estate, 
it  can  only  be  done  by  partition  to  the  district  court,  except  in  cases  of  luna- 
tics, when  if  lettci's  are  granted  by  the  probate  court,  it  alone  has  jurisdic- 
tion, if  letters  issued  by  the  district  court,  it  alone  )ias  jurisdiction  over  both 
lunatic  and  property. 

Affidavits. — May  be  used  to  verify  accounts,  and  wlicn  tiled  with  the  ac- 
count at  the  commencement  of  suit,  is  sulHi-icnt  ui)ou  which  to  take  judg- 
ment, unless  the  defendant  demies  the  acccmut  under  oath.  All  accounts 
should  be  sworn  to  before  sending  for  collection.  Affidavits  are  of  general 
use,  and  may  be  made  before  the  same  persons  authorized  to  take  acknowledg- 
ments of  deeds,  &c. 

Aliens. — Can  purchase  and  sell  real  estate  by  our  statutes  and  can  transact 
any  kind  of  business — save  as  limited  by  act  of  1887  of  congress,  as  to  purchas- 

[N.  Mex.  1.] 


578  NEW  MEXICO   TERRITORY. 

ing  real  estate — may  lease  real  estate  for  indefinite  periods,  connected  with 
mercantile  pursuits.  Foreign  heirs  inherit  the  same  as  if  residents,  and  gov- 
erned by  same  laws  of  descent. 

Appeals. — May  be  taken  from  justice  of  the  peace  to  the  district  court,  in 
all  civil  cases,  regardless  of  amount  of  judgment  or  decision  ;  and  from  the 
district  court  to  the  supreme  court,  regardless  of  amount ;  and  from  the 
district  court,  writs  of  error  will  lie  tc  the  United  States  supreme  court 
where  amount  of  the  judgment  is  $5000  or  over. 

Arrest. — In  Civil  Actions. — None  except  where  creditor's  demand  amounts 
to  $50,  makes  affidavit  showing  an  indebtedness,  and  that  the  debtor  is  about 
to  abscond  so  as  to  endanger  the  collection  of  his  debt ;  must  file  a  bond  as 
in  attachment,  when  a  capias  issues  for  the  arrest  of  the  debtor,  who  maybe 
released  by  giving  bond  to  appear  at  court  on  a  day  fixed  and  abide  the  order 
or  judgment  of  the  covirt.  A  trial  may  be  had  by  jury,  as  to  the  truth  of 
the  affidavit,  apart  from  the  consideration  of  the  validity  of  the  debt.  If 
affidavit  is  found  by  the  jury  to  be  not  true,  debtor  will  be  discharged  from 
the  arrest. 

Assignments. — Have  no  statute  on  the  subject,  the  rule  of  common  law 
governs. 

Attachments. — Creditors  whose  demand  amount  to  fitty  dollars  or  more 
may  sue  debtors  by  attachment,  issued  out  of  district  court.  When  debtor 
is  a  non-resident  of  the  territory  ;  when  debtor  has  concealed  himself  or  ab- 
sconded, or  absented  himself  from  his  usual  place  of  abode,  so  that  ordi- 
nary process  of  law  can  not  be  served  upon  him  ;  when  debtor  is  about  to 
remove  his  property  out  of  the  territory,  or  is  fraudulently  concealing  or  dis- 
posing, or  has  concealed  or  disposed  of  the  same  ;  so  as  to  defraud  him  or 
delay  his  creditors,  when  debt  is  contracted  out  of  territory  and  property 
secretly  moved  into  the  territory ;  when  defendant  is  a  corporation,  whose 
office  is  out  of  territory  and  not  having  a  designated  agent  in  territory  upon 
whom  to  serve  process ;  when  debt  was  fravidulently  contracted  or  credit 
obtained  by  false  pretenses.  Attachment  will  also  lie  upon  actions  founded 
upon  tort.  Money  or  property  due  the  defendant,  and  held  by  others,  may 
be  collected  by  garnishment.  Attachment  may  issue  upon  a  claim  or  demand 
not  matured.  A  capias  will  issue  on  affidavit  that  defendant  is  about  to  ab- 
scond.    Plaintiff  must  furnish  bond  as  in  case  of  attachment. 

A  non-resident  may  have  it  on  the  same  terms  as  a  resident,  but  must  give 
resident  sureties.  The  property  attached  will  be  released  on  a  forthcoming 
bond.  Perishable  property  may  be  sold  on  order  of  judge  of  court,  where 
action  is  pending,  and  proceeds  held  to  abide  the  event  of  suit. 

Bills  of  Exchange  and  Promissory  Notes.— Rules  of  the  law  merchant 
governs,  (excejyt  by  Statute,)  a  suit  may  be  joint  or  several,  even  on  a  joint 
note;  a  judgment  may  be  obtained  on  a  joint  note,  against  one  principal  or 
surety,  and  afterwards  the  other  or  others  may  be  sued  to  satisfy  any  de- 
ficiency. 

July  4th,  Dec.  25th  and  January  1st,  and  all  days  designated  by  the  gov- 
ernor as  days  of  public  thanksgiving  are  legal  holidays,  and  all  bills,  notes, 
etc.,  falling  due  on  such  days,  become  due  and  payable  the  succeeding  day. 

Bills  of  Lading. — Every  corporation  must  provide  forms  of  lading  in  writ 
ing  or  print,  and  supply  every  consignor  of  freight,  must  be  signed  by  agent 
of'corporation,  must  contain  description  of  freight  so  as  to  identify  it,  and 
and  name  of  consignor,  and  terms  of  carriage,  also  contain  a  contract  for 
delivery  of  freight  to  place  of  destination,  to  person  or  corporation  named  in 
the  same.  May  demand  payment  in  advance  and  if  not  paid,  has  a  lien  on 
articles  shipped,  until  freight  is  paid.  If  freight  is  not  paid  in  ten  days  from 
date  it  is  due,  it  may  may  be  sold  to  pay  charges. 
[X.  Mex.  2.] 


NEW   MEXICO   TERRITORY.  579 

Chattel  Mortgages.— May  be  executed  on  personal  property ;  must  be 
filed  or  a  true  copy  thereof  filed  in  the  recorder's  office.  The  lien  is  good  for 
one  year.  If  desired  to  renew  the  mortgage,  thirty  days  before  the  year  has 
expired,  mortgagee,  his  agent  or  attorney  must  make  oath,  stating  j^articular- 
ly  the  balance  due  and  unpaid,  which  affidavit  must  be  attached  to  or  writ- 
ten on  the  original  mortgage,  and  such  mortgage  or  certified  copy  refiled,  or 
the  lien  will  be  lost.  No  record  of  a  mortgage  of  chattels  is  required,  be- 
yond the  mere  filing.  The  recorder  must  enter  a  synopsis  of  the  mortgage 
in  the  chattel  mortgage  book,  and  index  it.  Mortgaiged  property  can  be 
levied  on  subject  to  rights  of  mortgagee. 

Claims  against  Decedents'  Estates. — Must  be  properly  made  out,  sworn 
to,  pre.sentetl  to  the  probate  court  at  a  regular  quarterly  session,  be  allowed, 
and  then  presented  to  the  administrator  for  payment.  The  administrator 
cannot  pay  until  the  claim  is  duly  proven  in  court.  Must  be  paid  within  the 
year,  from  date  of  letters  of  administration. 

Conditional  Sales  of  Personal  Property. — No  statute  on  the  subject. 
■(See  Chattel  Mortgages.)  If  not  mortgaged,  is  subject  to  execution  or  at- 
tachment. 

Corporations. — Domestic  and  Foreign. — Have  a  general  incorporation  law. 
No  private  charters  can  be  granted.  Any  three  or  more  persons  may  obtain 
•charter  for  mining,  manufacturing,  or  other  industrial  pursuits,  and  for  the 
purpose  of  constructing  and  operating  rail  roads,  wagon  roads,  irrigating 
ditches,  and  for  churches,  colleges,  libraries,  and  charitable,  scientific,  and 
benevolent  associations.  There  must  be  three  or  more  directors,  a  majority 
■of  whom  must  be  citizens  of  the  United  States,  and  residents  of  the  territory. 

Foreign  Corporations  must  file  a  copy  of  its  charter  with  the  secretary  of 
the  territory,  and  recorder  of  the  county  in  the  territory,  in  which  their 
principal  place  of  business  is  conducted,  or  if  incorporated  under  a  general 
law,  a  copy  of  its  articles  of  incorporation,  and  of  such  general  law  ;  and  also 
a  certificate  signed  by  the  president  and  secretary,  designating  its  principal 
place  of  business,  and  an  agent  residing  thereat,  upon  whom  process  may  be 
served.  As  to  foreign  insurance  companies,  the  law  provides  additional  re- 
quirements. 

Costs. — Attorney,  solicitor,  and  council  fees  are  not  taxable  as  such,  only 
in  suits  to  enforce  mechanics'  lien,  or  where  contracted  for,  or  special  allow- 
ance by  court  in  chancery  cases.  Plaintiff  may  be  ruled  to  give  security  for 
costs  at  any  time,  and  if  not  given  by  the  first  day  of  succeeding  term,  if  a 
shorter  time  has  not  been  fixed  by  the  court,  and  if  rule  is  not  discharged, 
suit  will  be  dismissed.  The  losing  party  has  judgment  rendered  against  him 
for  costs. 

Courts. — The  judicial  power  is  vested  in  a  supreme  court,  which  has  origi- 
nal jurisdiction  to  grant  writs  of  quo  warranto,  mandamus,  prohibition  and 
habeas  corpus,  and  appellate  jurisdiction  of  all  cases  determined  in  the  dis- 
trict court. 

Tlie  District  Courts  have  unlimited  original  common  law  and  chancery 
jurisdiction,  are  separately  exercised,  the  chancery  side  is  always  open,  while 
the  law  side  is  limited  to  semi-annual  terms  in  each  county.  Tlie  district 
court  has  appellate  jurisdiction  of  all  decisions  and  matters  detei"mined  by 
probate  court  and  justices  of  the  peace. 

Probate  Courts  have  ordinary  probate  jurisdiction.  {See  Claims  against 
De-cedenfs  Estates).  The  terms  of  court  are  fixed  by  the  judges,  and  the 
territory  is  divided  into  four  judicial  districts,  as  follows  : 

[N.  Mex.  3.] 


580  NEW   MEXICO   TERRITORY. 

Court  Calendax. — 

First  Judicial  i>w<rtc«.— Time  of  holding  Court  in  Santa  Fe  County,  at  Santa  Fe, 
February  6,  August  6;  in  San  Juan  County  April  23,  October  8 ;  Rio  Aniba  County 
April  9,  October  22;  in  Taos  County  April  2,  November  12. 

Second  Judicial  District,  Headquarters  at  Albuquerque.— Time  of  holding  Court 
in  Bernalillo  County  March  5,  September  3;  in  Valencia  County,  at  Los  Luuas, 
April  9,  October  8 ;  in  Socorro  County,  at  Socorro,  May  7,  November  5. 

Third  District. — Time  of  holding  Court  in  Donna  Anna  County,  at  Las  Cruces, 
April  2,  October  1;  in  Sierra  County,  at  Hillsborough,  March  12,  September,  10;  iu 
Grant  County,  at  SilvesCity,  May  21,  November  19. 

Fourth  District.— Time  of  holding  Court  in  San  Miguel  County,  at  Las  Vegas,  May 
14,  November  12;  in  Lincoln  County,  at  Lincoln,  February  13,  August  27;  in  Colfax 
County,  at  Springer,  March  12,  September  17;  iu  Mora  County,  at  Mora,  April  2, 
October  8. 

Justices  of  the  Peace  have  jurisdiction  in  civil  cases  to  the  amount  of  $100, 
but  not  exclusive. 

T/te  Supreme  Court  is  composed  of  a  chief  justice  and  three  associates,  ap- 
pointed liy  the  president.  They  hold  two  sessions  of  the  supreme  court  an- 
nually. There  is  a  probate  court  in  each  county,  and  should  hold  six  sessions 
in  each  year,  if  the  business  requires  it. 

Curtesy. — Have  none.  The  statute  is  based  on  the  civil  law.  Husbanv* 
and  wife  can  buy  and  sell  separately.  Proi)erty,  the  product  of  joint  labors, 
is  equally  divided.  Husband's  debts  paid  out  of  his  share,  and  wife's  debts 
paid  from  her  share.  Real  estate  owned  before  marriage,  at  death,  is  not 
charged  with  the  debts  of  the  other.  Wife  may  cany  on  business  in  her  own 
name,  she  alone  being  liable  for  debts  of  her  contracting,  connected  with 
such  business. 

Deeds. — (See  Acknowledgments.) 

Descent  and  Distribution. — Legitimate  children  inherit  equally.  In  the 
absence  of  children,  the  husband  or  wife  surviving  inherits  all  estate,  ac- 
(juired  during  the  existence  of  the  married  relation.  Natural  children  in- 
herit from  tlie  father  in  the  absence  of  legitimate  issue.  The  nearest  ances- 
tor inherits  in  all  other  cases,  and  if  there  be  neither  descendants  or  ancestors 
living,  the  nearest  collateral  relatives  inherit. 

Depositions. — Of  non-resident  witnesses  may  be  taken  in  civil  cases  pend- 
ing in  district  court,  upon  notice  and  interrogatories,  for  which  (after  proper 
application)  a  commission  issues  to  the  person  named,  or  agreed  upon,  to 
whom  the  commission  and  interrogatories  are  sent.  The  witness  answers 
only  such  questions  as  are  ctmtained  in  the  interrogatories,  unless  by  agree- 
ment in  writing,  other  questions  may  be  asked. 

Divorce. — Can  be  obtained  for  adulteiy,  cruel  and  inhuman  treatment  and 
abandonment.  The  last  legislature  made  cruel  and  inhuman  treatment  and 
abandonment  of  the  wife,  a  penitentiary  offence. 

Dower. — (Sec  Curtesy,  Descent  and  Distribution.) 

Evidence. — Parties  in  interest  may  testify,  and  may  be  compelled  by  oppo- 
site party  to  testify  same  as  any  other  witness.  In  all  other  resi)ects,  the 
rules  laid  down  by  elementary  writers  govern. 

The  testimony  of  aged  and  infiiin  i)arties  may  be  taken  to  perpetuate  it  un- 
der statutory  regulations. 

Executions. — May  issue  at  anytime  after  judgment,  and  within  fifteen  years 
from  its  rendition.  No  revivor  ie<iuired  within  the  i)eriod  of  limitations,  or 
jieriod  from  wliich  the  presumption  of  payment  shall  be  sustained.  Exe- 
(aitions  are  ret\iiTiable  in  sixty  days.  Executions  take  effect  only  from  the 
levy,  and  injustices'  court,  issue  in  ten  days  from  rendition  of  the  judgment. 
[N.  Mex.  4.] 


NFAV  MEXICO  TERRITORY.  581 

There  is  no  stay  of  execution,  vmless  by  agreement  of  parties,  or  on  appeal 
or  writ  of  error  and  supersedeas  bond  is  filed.  Heal  estate  sold  on  execution 
must  be  published  three  consecutive  weeks  before  day  of  sale. 

Ezecutors. — Must  prove  tlie  will,  receive  letters  from  the  probate  court, 
file  an  inventory,  settle  indebtedness  within  one  year,  and  the  legacies  as  soon 
as  the  terms  i>f  the  will  permit. 

Exemptions. — Every  person  vvliu  bus  a  family,  and  every  widow,  may  hold 
exemjjt  from  everytliing  but  taxes,  a  liomestead  of  SIOOO  in  value,  all  home- 
stead furniture,  wearing  apparel,  beds,  stoves,  cow,  two  hogs,  six  sheep,  and 
feed  for  sixty  days,  bibles,  and  other  l)ooks,  family  pictures,  provisions  to 
amount  of  $.')0,  (me  sewing  maclune,  one  knitting  machine,  one  gun  or  pistol, 
tools  and  implements  of  tiie  debtor,  for  carrying  on  his  trade  or  business,  the 
liersonal  earnings  of  tlie  debtor,  of  his  or  her  minor  cliild  or  children,  for 
three  months.  All  articles,  specimens,  and  cabinets  of  natural  history,  or 
science  whether  animal,  vegeta1)le,  or  mineral,  except  such  as  may  be  in- 
tended for  show  or  exlubition  for  money.  Every  person  engaged  in  draying, 
or  carrying  property  from  place  to  place  with  one  horse  and  wagon  for  a 
livelihood,  sliall  in  additon  to  the  foregoing  exemptions,  liold  one  horse, 
harness,  dray  or  wagon  exempt ;  and  every  person,  head  of  a  family,  engag- 
ed in  the  business  of  agriculture,  shall  in  addition  to  above,  hold  two  horses, 
harness  and  wagon,  or  one  yoke  of  oxen  and  necessary  gearing,  and  one  wag- 
on ;  and  eveiy  doctor,  in  addition  to  exemi)tions  specified  as  to  heads  of  fami- 
lies, may  hold  one  liorse,  saddle,  bridle,  books,  medicines  and  instruments 
pertaining  to  his  jjrofession,  exempt  from  execution ;  lawyei's,  that  are  the 
head  of  a  family,  may  in  addition  to  exemptions  of  homestead  and  household 
goods,  holdlaw  books,  nottoexceed  $500  in  value.  AlUife  insurance  exempt: 
all  regalia,  insignia  of  office  and  books  of  any  benevolent  order  exempt :  and 
any  resident  who  is  the  head  of  a  family  and  not  the  owner  of  a  homestead, 
may  hold  in  lieu  thereof,  real  or  personal  property,  in  addition  to  the  above 
exemptions,  to  be  by  him,  her,  ov  agentorattorney  selected  at  anytime  before 
sale  to  the  value  of  $.")00.  A  mortgage  not  signed  by  wife,  will  not  barber 
of  the  right  to  select  a  homestead.  This  act  was  passed,  Feburary  :24th,  1887, 
and  repeals  all  former  laws  on  the  subject  of  exemiJtions. 

Factors. — Both  in  the  commercial  and  legal  sense  of  the  term,  the  common 
law  governs.     Have  no  statute  on  the  subject. 

False  Pretense.— Obtaining  goods,  evidences  of  debt  or  credit,  by  false 
pretense,  tlie  i)enalty  is  impVisonment  in  the  penitentiary  for  a  period  of 
years. 

Frauds,  Statue  oL—{No  Stafvtc  on  the  Subject.) 

Garnishment.— ('See  Attachment.)  Writ  issues  to  granishee  at  same  time 
oC  the  writ  of  attachment.  On  orderuig  garnishee  to  answer  at  a  time  fixed 
iu  the  notice. 

Grace. — Days  of,  none  allowed. 

Homesteads.— ('See  Exemptions,  &c.) 

Insolvent  Laws. — None. 

Interest. — Legal  rate  in  this  territory  is  six  per  cent.  Six  per  cent,  on 
open  accounts  unless  othei-wise  specified.  Parties  can  agree  in  writing  for 
tvolve  ])er  cent,  but  no  more.     There  is  a  tisury  law  passed  in   1884. 

The  taking  of  usurious  interest  is  a  misdemeanor,  punishable  by  fine,  and 
besides  the  party  taking  the  same  is  liable  to  the  party  paying,  in  double  the 

amount  paid. 

'■  [N.  Mox.  5.1 


582  NEW   MEXICO   TERRITORY. 

Judgments. — Are  a  lien  on  real  estate  within  the  county  from  date  of 
docketing,  and  may  be  extended  to  other  counties  by  filing  transcript  with 
clerk  of  the  probate  court. 

Justices  of  tlie  Peace  and  Constables.— Are  elected  one  for  each  precinct, 
and  justices  of  the  peace  must  give  bond  in  $500  for  faithful  discharge  of  the 
duties  of  the  office.     {See  Actions  and  Courts.) 

Landlord  and  Tenant. — Landlord  has  a  lien  by  statute  on  everything  be- 
longing to  the  tenant,  for  his  rent,  until  paid. 

Leases. — No  statute — English  common  law  governs. 

License. — In  form  of  tax  on  wholesale  and  retail  business,  where  amount 
exceeds  one  thousand  dollars.     No  drummer's  license  or  tax  required. 

Liens. — Judgments  are  a  lien  on  real  estate  in  county  where  rendered,  and 
on  filing  of  transcript  with  recorder  of  any  other  county  become  liens.  Liens 
attach  to  personalty  from  date  of  levy  of  execution. 

Limitations  of  Actions. — Suits  on  judgments  are  barred  in  fifteen  years  ; 
on  actions  in  six,  and  on  accounts  in  four ;  and  for  the  recovery  of  real  estate 
by  ten  years'  adverse  possession,  except  as  to  infants, married  women,  and  jier- 
sons  out  of  the  United  States. 

A  cause  of  action  founded  upon  contract  is  revived  by  an  admission  or  new 
promise  in  writing. 

Limited  Partnership. — No  statute  on  the  subject.     (See  Partnership.y 

Married  Women.(/See  Curtesy.) 

Mechanics'  Liens — All  artizans  or  mechanics  who  furnish  material  or  labor 
have  liens  by  statute  for  such  labor  or  materials,  or  both,  an  account  of  which 
must  be  made  out,  sworn  to  and  filed  in  the  office  of  the  recorder,  who  is  ex 
officio  clerk  of  the  probate  court,  and  whose  duty  it  is  to  receive  the  same.  If 
the  indebtedness  is  not  paid  within  one  year,  the  same  may  be  enforced  by 
bill  in  chanceiy.     A  recovery  will  include  attorney's  fees  and  costs. 

Minors.— Males  under  the  age  of  twenty-one  years,  and  females  under 
eighteen,  must  have  the  consent  of  parents  or  guardians  before  they  can 
marry.  To  live  together  without  marriage  is  a  crime  punishable  by  imprison- 
ment in  the  penitentiary.  The  last  legislature  raised  the  age  of  consent  of  a 
female  to  fourteen  years  ;  its  infraction  is  a  penitentiary  offence. 

Mortgages  of  Real  Estate.— No  &tsitute.— (See  Acknowledgments.) 

Notes  and  Bills.— (A'ee  Bills  of  Exchange.) 

Oaths  and  Affidavits.— (5fee  Affidavits.) 

Partnerships. — The  law  of  this  territory  provides  that  contracts  of  co- 
partnership shall  be  in  writing  stating  the  business,  capital  to  be  invested  which 
must  be  paid  in,  the  full  names  of  all  the  partners,  and  residence  of  each, 
and  be  recorded  in  the  county  where  the  business  is  to  be  transacted.  The 
contract  must  be  made  before  a  court  of  record,  or  a  clerk  thereof ;  the  con- 
tract must  set  forth  the  manner  of  dividing  the  profits  and  losses,  to  provide 
for  arbitration  of  differences  between  tliemselves.  Must  keep  books  in  due 
form  and  an  inventory  of  stock,  and  no  partner  can  withdraw  the  capital 
stock  or  profits,  not  provided  for  by  contract,  before  the  time  limited  for  the 
[N.  Mex.  6.] 


NEW  MEXICO  TEKRITORY.  583 

termiuatiou  of  the  contract  of  co-partnership.  In  case  of  death  of  partner, 
the  wife  or  children  may  close  or  continue  the  business  under  certain  statu- 
tory provisions.  No  provision  for  a  survtving  partner  to  carry  on  the  busi- 
ness. Suits  in  chancery  can  be  instituted  untter  the  statute,  to  close  up  the 
business,  when  death,  disappearance,  or  other  motive  keeps  a  partner  absent 
from  the  business. 

Promissory  Notes. — (See  Bills  of  Exchange.) 

Practice. — Is  common  law. 

Proof  of  Claims- — {See  Affidavits  and  Actions. 

Recording. — {See  Acknowledgments  and  Deeds. 

Replevin. — Suits  for  recovery  of  personal  property  must  be  brought  with- 
in one  year  from  time  the  right  of  action  accrued.  Plaintiff  must  file  a'  de- 
claration and  an  affidavit,  showing  a  right  to  the  immediate  possession  of  the 
property,  also  a  bond  to  prosecute  the  suit  to  effect  and  save  the  officer  harm- 
less who  executes  the  writ.  If  plaintiff  fails,  the  defendant  obtains  judg- 
ment for  possession  of  the  property,  and  double  damages  for  detention. 

Revenue. — Is  collected  by  licences  and  taxes. 

Revision.— None. 

Revivor. — None  required  since  February  24,  1887. 

Seal. — No  particular  form  of  seal  is  now  required.  A  scroll  will  answer 
every  purpose  as  to  deeds  and  contracts.  Notaries  public,  clerks  of  courts, 
and  all  corporations  must  affix  a  seal  to  all  official  acts. 

Security  for  Costs,  etc. — May  be  required  at  any  stage  of  the  suit,  unless 
the  plamtiff  makes  affidavit  that  he  or  she  is  too  poor  to  furnish  the  security. 
In  such  case  suit  must  proceed. 

A  docket  or  advance  fee  in  civil  cases  of  85.00,  and  in  chancery  cases  of 
$10.00,  may  be  demanded  by  the  clerk  before  filing  declaration,  and  sheriff 
may  demand  his  fees,  before  executing  any  process. 

Stay  of  Execution.— None. 

Suits. — {See  Actions.) 

Supplementary  Proceedings. — No  law  on  the  subject. 

Taxes. — {See  Revenue.) 

Trust  Deeds. — No  statute  on  the  subject. 

Usury. — Yes.     {See  Interest.) 

Wages. — [See  Mechanics'  Liens.) — Common  law  governs. 

Wills.— The  statute  is  very  complicated.  It  is  a  code,  {named  El  P.  Pedro 
Marillo  Velarde,)  composed  of  civil  law,  common  law,  with  same  statutory 
modifications,  a  work  of  ninety-one  pages  in  Spanish.  Either  male  or  fe- 
male of  sound  mind  and  judgment,  over  twenty-one  and  eighteen  years  re- 
spectfully, may  make  a  will,  and  which  must  be  duly  attested  by  three 
witnesses,  residents  of  the  county,  and  signed  by  the  legator,  in  presence  of 

[N.  Mex.  7.] 


584  NEW  MEXICO   TERRITORY. 

the  witnesses,  and  by  tlioiu  in  the  presence  of  each  other,  who  must  have  full 
knowledge  of  the  entire  contents  of  the  will.  It  is  probated  in  the  probate 
court,  but  if  contested,  the  probate  judge  sends  it  to  the  district  court  ac- 
companied with  a  certificate,  where  the  contents  is  settled  and  certified, 
back  to  the  probate  court  for  completion,  with  the  order  of  the  district 
court. 

Witnesses. — None  required  by  statute,  to  deeds  or  mortgages.     In  civil 
actions  interest  does  not  disqualify,     (See  Evidenee.) 


I 


FN.  Mex.  8.1 


NEW   MEXICO   TERRITORY. 


585 


ATTORNEYS  IN    NEW   MEXICO  TERRITORY. 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  population. 
Figures  after  names  wlien  admitted  to  the  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (J)  our  ConiiJiler  of  Laws. 
A  dagger  (f)  former  recommendations  witlidi'awn. 

PL.\CE.  COUNTY.  N.\MES   OF    ATTORNEYS.     POPULA'N. 


Albuquerque 

Bernalillo 

Stone  &  Stone. 

4,870 

Dcuiiuir 

Grant 

Warren  Bristoe. 

1,650 

Fernandez  De  Taos  Taos 

S.  Yaldez. 

— 

Hillsborough 

Sierra 

F.  W.  Parker. 

500 

Las  CiucL's 

Dona  Ana 

S.  B.  Newcomb. 

2,100 

Las  Vegas 

San  Miguel 

COLUMBUS  MOISE. 

6,000 

Lincoln 

Liucoln 

John  J.  Cockrell. 

638 

Los  Lunas 

Valencia 

J.  F.  Chaves. 

1,000 

Katun 

Colfax 

A.  C.  A'oorhees. 
C  Wm,  Breeden,  'TO. 

/    .Sec  Card  m  Appendix,  page  xvii. 

^  t  W.  B.  Sloan.  * 

2,000 

Santa  Fe 

Santa  Fe 

6,090 

See  Card  in  Appendix,page  xiv. 

Silver  City 

Grant 

<i  ARTHUR  H.  IIARLLEE. 

'(  \  John  M.  Ginn. 

2,500 

Socorro 

Socorro 

John  D.  Brooks. 

4,047 

Springer 

Colfax 

M.  W.  Mill.s. 

700 

Taos 

Taos 

S.  Valdez. 

3.500 

Tierre  Amarilla 

Rio  Aniba 

Alex.  Reafl. 

1.000 

West  Las  ^'L■<ifas 

San  Miguel 

E.  X.  ROUQUILLO. 

— 

586 


NEW   MEXICO   TERRITORY. 


BANKS    IN    NEW  MEXICO    TERRITORY. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  of  one 
bank  in  each  county  of  this  territory  in  whicli  such  a  banking  institution  is  located. 


PLACE.  NAME   OF   BANK. 

Albuquerque  Albuquerque  National  Bank 

'•  First  National  Bank 
Deming  "  "  " 

Georgetown  Payne,  Washington  &  Co 

Kingston  Percha  Bank 

Las  Cruces  Geo  D  Bowman  &  Sons 

Las  Vegas  City  Bank 

'*  First  National  Bank 

"  San  Miguel  National  Bank 

Raton  Raton  Bank 

"  Marcy,  Geer  &  McCain 

Santa  Fe  First  Nat.  B'k  of  Santa  Fe 

"  Second  Nat  Bk  of  N  Mexico 

Silver  City  Meredith  &  Ailman 

Socorro  First  National  Bank 

"  Socorro  County  Bank 

"  Browne,  Manzanares  &  Co 

Springer  SpringerMrct'l  and  B'k'g  Co 

Taos  Taos  County  Bank 


PAID  UP 

CASHIER. 

CAPITAL. 

W.  S.  Strickler. 

$100,000 

M.  W.  Flournoy,  Ass't 

.  100,000 

F.  H.  Siebold. 

50,000 

R.  B.  Washington,  Jr. 

N.  C.  Raff. 

30,000 

A.  A.  Keen. 

50,000 

J.  S.  Raynolds. 

100,000 

D.  T.  Hoskins. 

100,000 

(Chappell&Oflacer.) 

R.  J.  Palen. 

150,000 

W.  G.  Simmons. 

150,000 

G.  D.  Goldman. 

J.  W.  Terry. 

50,000 

W.  D.  Burlingame. 

30,000 

M.  W.  Browne. 

30,000 

D.  A.  Clouthier. 

105,000 

.Juan  Santistevan. 

30,000 

i 


STATE  OF 

NEW    YORK. 

SUMMARY  OF 

CoLLKCTioN    Laws. 

Court  Calendar,  Instructions  for  taking  Depositions,  Legal  Forms,  Etc, 

Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "  Showers' 

Legal  Directory  and  Merchants'  Guide,"  for  1888.  by 

Halbert  &  Millard,  of  the  New  York  City  Bar. 

(Note.— C.  C.  P.  used  for  Code  of  Civil  Procedure ;  the  references  are  to  sections. 
R.  S.  used  for  Revised  Satutes ;  references  to  the  page.) 

Acknowledgments. — Must  be  made  within  the  state,  before  a  judge  of  a 
court  of  record  withiu  its  jurisdiction,  county  judge,  surrogate,  notary  pub- 
lic, justice  of  the  peace,  mayor,  recorder,  commissioner  of  deeds,  (married 
women  acknowledge  the  same  as  a  femme  sole).  If  made  without  the  state 
and  within  the  United  States  by  justices  of  the  United  States  supreme  court, 
judges  or  justices  of  the  supreme,  superior  or  circuit  court  of  any  state  or 
territory  within  the  United  States,  by  the  mayor  of  any  city  and  New  York 
commissioners.  When  made  by  any  person  residing  out  of  the  state  and 
within  any  other  state  or  territory  before  any  officer  of  such  state  or  terri- 
tory authorized  by  the  laws  thereof  to  take  acknowledgments.  If  the  party 
to  such  conveyance  be  or  reside  within  the  United  Kingdom  of  Great  Britain 
and  Ireland,  or  the  dominions  thereunto  belonging,  the  same  may  be  ac- 
knowledged or  proved  before  the  mayor  or  provost,  or  chief  magistrate  of 
any  city  or  town,  or  any  United  States  consul  residing  in  said  kingdom  or 
dominions.  (Laws  of  1883,  ch.  80.)  In  foreign  countries,  generally,  by 
United  States  consuls,  vice  consuls  and  New  York  commissioners. 

Form  of  Acknowledgment  of  one  or  more  Grantors. 

State  op  New  York,  ) 
County  op \     ' 

On  this day  of 18 — ,  before  me  personally  appeared   (name   of 

grantor)  to  me  known  and  known  to  me  to  be  the  individual  (or  individuals) 
described  in  and  who  executed  the  foregoing  instrument,  and  he  or  they  sev- 
erally acknowledged  to  me  that  he,  or  they,  executed  the  same  for  the  pur- 
poses therein  mentioned. 

Form  of  Proof  of  Account. 

State  op ■) 

County  of .  j     ' 

Richard  Roe  being  duly  sworn,  deposes  and  says  that  he  is  ,  of  the 

firm  of ,  doing  business  in and  state  aforesaid,  that  the  annexed 

statement  of  the  account  of ,  lately  (or)  doing  business  at ,  in  the 

[N.  Y.  1.1 


588  NEW  YORK. 

state  of ,  is  just,  true  and  correct ;  that  said  account  remains  due  and 

unpaid,   that  thei"e  is  now  due the  sum  of  dollars,  that  no  part 

thereof  has  been  paid  or  satistied,  and  that  said  sum  is  now  due,  exclusive  of 
any  payment,  and  tliat  there  ai'e  ni»  off-sets  or  counter  claims  against  said 
account  to  the  knowledge  or  belief  of  dei)onent. 

( t^iyii (1 1  lire  of  deponen (. ) 

Sworn  to  before  me  this day  of ,  ly — . 

{Sigtuitarc  ami  title  of  officer.) 

Actions. — Civil  actions  arc  commenced  by  summons,  which  must  be  per- 
sonally served  on  the  defendant,  or  against  a  resident,  who  cannot  be  found 
by  substituted  service  ;  or  may  be  served  by  publication,  where  the  defen- 
dant is  a  foreign  corporation ;  or  a  non-i'esident  of  the  state  ;  or  when  the 
defendant,  being  a  resident  of  the  state,  has  departed  therefrom  with  intent 
to  defraud  his  creditors  ;  or  to  avoid  the  service  of  a  summons  ;  or  keeps 
liimself  concealed  with  like  intent ;  also,  where  the  action  is  to  annul  a  mar- 
riage ;  or  for  a  divorce  or  separation;  or  when  the  action  is  to  exclude  or 
enforce  or  affect  the  lien,  interest  or  title  of  either  party  to  property  within 
tlie  state  ;  also  in  certain  other  cases  specified  in  the  code  of  civil  procedure. 
When  an  order  for  the  publication  of  the  summons  has  been  granted,  per- 
sonal service  without  the  state  may  be  made  in  lieu  of  publication.  Non- 
resident plaintiffs  may  be  required  to  give  security  for  costs  in  the  sum  of 
$3.")0. 

Administration. — Administrators  must  give  bcmds  ;  executors  need  not, 
except  foreign,  or  when  requii'ed  by  the  will  or  the  surrogate.  Ancillary  or 
letters  testamentary  mav  be  granted  by  the  surrogate  upon  wills  of  non-resi- 
dent decedents.     C.  C.  P.  2695,  2696. 

Af&davits. — Within  the  state  may  be  taken  before  a  judge,  clerk,  dejjuty 
clerk,  or  special  deputy  clerk  of  a  court,  mayor,  justice  of  the  peace,  notary 
public,  surrogate,  special  county  judge,  special  surrogate,  county  clerk, 
deputy  county  clerk,  special  deputy  county  clerk,  or  commissioner  of  deeds, 
within  the  district  in  which  the  officer  is  authorized  to  act.  Without  the 
.state,  before  an  officer  authorized  by  the  laws  of  the  state  to  take  and  certify 
acknowledgments  and  i>roof  of  deeds,  which  must  be  accompanied  with  the 
like  certificate  to  entitle  a  deed  acknowledged  before  him  to  be  recorded 
within  the  state.     C.  C.  P.  844. 

Aliens. — An  alien  upon  filing  and  recording  in  the  office  of  the  secretary 
of  state  a  deposition  or  aflirmation  in  writing,  declaring  that  he  is  a  resident 
of  and  intends  always  to  reside  in  the  United  States,  and  to  become  a  citizen 
thereof  as  soon  as  he  can  be  naturalized,  may  take  and  hold  lands  and  real 
estate  to  himself,  his  heirs  and  assigns  forever.     R.  S.  2164—2173. 

Appeals. — {l^ee  CourtH.) 

Arrest. — A  defendant  may  be  arrested  in  a  civil  action  ;  where  it  is 
bnniglit  to  recover  a  fine  or  i)enalty  ;  damages  for  a  jjersonal  injury  ;  an  in- 
jury to  property,  including  the  conversion  of  personal  i)roperty  ;  breach  of  a 
promise  to  marry  ;  misccmduct  or  neglect  in  office,  or  in  a  i)rofessional  em- 
])loyment;  fraud  or  deceit ;  ov  to  recover  a  chattel  concealed,  removed  or 
disposed  of,  so  that  it  cannot  be  found  or  taken  by  the  sheriff*  or  to  recover 
money  received,  or  ])i'operty,  or  damages  I'or  the  coirversion  or  misajjplica- 
tion  of  propei'ty  embezzled  or  fraudulently  misapplied  by  a  i)ublic  ofiieei', 
attorney,  officer  or  agent  of  a  corporation ;  or  by  a  factor,  agent,  broker,  or 
other  person  in  a  fiduciary  cai)acity  ;  also  in  an  action  upon  contract,  where 
the  defendant  was  guilty  of  fraud  in  contracting  the  liability,  or  has  re- 
moved, t)r  disposed  of  his  property,  or  is  about  to  do  so,  with  intent  to 
IN.  Y.  2.1 


NEW  YORK.  589 

defraud  his  creditors.  Defendant  may  also  be  arrested  -where  the  judgment 
demanded  requires  the  perfonnance  of  an  act,  the  neglect  or  refusal  to  per- 
form which  would  be  punishable  by  the  court  as  a  contempt,  and  defendant 
is  a  non-resident  of  the  state,  or  is  about  to  depart  therefrom.  A  woman 
can  be  arrested  only  in  the  case  last  specified,  or  for  a  wilful  injury  to  per- 
son, character  or  pri)perty. 

No  person  can  be  actuall}^  imprisoned  for  a  longer  T)eriod  than  three 
months  under  an  execution  against  the  person  to  enforce  the  recovery  of  less 
than  ^oOO,  or  under  a  commitment  for  contempt  of  court  in  the  non-payment 
of  alimony  or  counsel  fees  in  a  divorce  case,  when  the  amount  to  be  paid  is 
less  than  that  sum,  and  where  in  either  of  these  cases  the  amount  is  $500  or 
over,  for  a  period  not  longer  than  six  months. 

Assignments. — An  insolvent  debtor  upon  petition  to  a  county  court,  or  in 
the  city  of  New  York,  to  the  court  of  comnion  pleas,  accompanied  with  the 
written  consent  of  at  least  two-thirds  in  amount  of  all  his  creditors  in  the 
United  States,  and  upon  the  assignment  of  all  of  his  property  to  an  assignee, 
for  the  benefit  of  his  creditors  may  be  discharged  from  his  debts  owing  to 
creditors  in  this  state,  and  such  other  creditors  as  consent  to  the  discharge  or 
appeal  in  the  proceedings  or  receive  a  dividend  from  the  assignee. 

A  debtor  may  assign  or  convey  all  his  property  to  an  assignee  for  the  bene- 
fit of  his  creditors  by  an  instrument  in  writing,  which  must  be  recorded  in 
the  clerk's  office  of  the  county,  where  such  debtor  resides  or  carries  on  busi- 
ness, within  twenty  days  thereafter  an  inventory  or  schedule  must  be  deliv- 
ered to  the  judge  of  the  county  court  where  the  assignment  is  recorded,  giv- 
ing a  full  and  true  account  of  all  the  ci'editors  of  such  debtor,  their  resi- 
dences, the  sum  owing  each,  with  the  consideration  therefor,  together  with 
all  the  debtor's  estate,  both  real  and  personal,  with  the  incumbrances  thereon 
and  all  vouchers  and  securities  relating  thereto,  the  nominal  and  actual  value 
thereof,  all  of  which  shall  be  verified  by  the  debtor's  affidavit.  In  these 
voluntary  assignments,  preferences  may  be  made,  and  in  the  distribution  of 
assets  the  wages  or  salaries  due  employees  at  the  time  of  the  assignment 
shall  be  pi'cferred  before  any  other  debt. 

In  case  the  assets  are  not  sufficient  to  pay  these  wages  or  salaries  in  full, 
they  shall  be  applied  to  the  payment  of  the  same  pro  rata  to  the  amount  of 
each  such  claim.  Any  preferences,  except  wages,  shall  not  be  valid,  except 
to  the  amount  of  one-third  in  value  of  the  assigned  estate,  left  after  the  pay- 
ment of  such  wages  and  the  costs  and  expenses  of  executing  such  trust,  and 
should  said  one-third  be  insufficient  to  pay  in  full  such  preferred  claims,  then 
said  assets  shall  be  applied  to  the  payment  of  the  same  pro  rata  to  the 
amount  of  each  said  preferred  claims. 

The  assignee  must  give  a  bond  for  the  faithful  performance  of  his  duties. 
Such  assignments  do  not  discharge  the  debtor  IVom  liability. 

The  assignee  may  be  cited  by  a  creditor  to  account  after  one  year. 

Attachments. — 3Iay  be  issued  in  actions  on  contract,  except  contract  to 
marry,  for  conversion  of  personal  property,  for  any  other  injury  to  personal 
property,  in  consequence  of  negligence,  fraud  or  otherwrongful  act,  or  where 
the  defendant  is  a  foreign  corporation,  a  non-resident  of  the  state,  or  if  a  re- 
sident, that  he  has  dei»arted  therefrom  with  intent  to  defraud  his  creditors,  or 
if  a  resident,  that  he  has  departed  therefrom  with  intent  to  defraud  his  cre- 
ditors, or  to  avoid  the  service  of  a  summons,  or  keeps  himself  concealed 
with  like  intent,  or  has  removed  or  is  about  to  remove  his  ])roperty  from  the 
state,  or  has  assigned,  disposed  of,  or  secreted,  or  is  about  to  do  so,  property 
with  intent  to  defraud  his  creditors.  It  may  be  issued  with  the  sumuKms  or 
at  any  time  before  final  judgment.  An  undertaking  must  be  given,  in  not 
less  than  $250,  as  security  for  costs  and  damages  in  the  action. 

Banks  and  Bankers. — State  banks  maybe  organized  under  general  laws. 
Stockholders  aic  liaVde  to  the  creditors  <^f  the  bank  to  the  amount  of  the 
face  value  of  their  stock. 

[N.Y..S.] 


590  NEW   YORK. 

Bills  of  Exchange  and  Promissory  "Notes.— (See  Notes  and  Bills'  of 
Exchange.) 

Bills  of  Lading. — No  warehouse  receipt  can  be  issued  for  any  merchan- 
dise or  property,  unless  the  property  shall  be  on  the  premises  or  under  the 
control  of  the  warehouseman  issuing  receipt,  nor  for  money  loaned,  unless 
property  is  in  his  possession,  nor  a  second  receipt  on  property  while  a  former 
one  shall  be  outstanding,  unless  the  word  duplicate  shall  be  written  in  ink 
across  the  same. 

Chattel  Mortgages. — Except  where  the  possession  of  the  property  mort- 
gaged passes  to,  and  is  retained  by  the  mortgagee,  must  be  filed  forthwith, 
or  are  void  as  against  creditors  and  innocent  purchasers.  Such  mortgage 
ceases  to  be  valid  in  one  year,  except  as  to  the  mortgagor  or  his  representa- 
tives, unless  a  copy  thereof  is  refiled  annually  with  a  certificate  of  the  mort- 
gagee as  to  the  amount  unpaid  thereon,  and  this  copy,  mortgage  and  certifi- 
cate constitutes  a  renewal  of  the  mortgage  for  one  year. 

Form  of  Affidavit  and  Acknowledgment  to  Chattel  Mortgages. 

State  of  New  York,  i> 
County  of ,         S     ' 

,  being  duly  sworn,  on oath  says  that ,  the  legal  and  absolute 

owner  of  the  personal  property  above  described,  and  that  the  same  is  free 
from  all  claims  and  liens  whatsoever. 

(Signature  of  affiant.) 

Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  18 — . 

[seal,]  (Signature  of  officer.) 

State  of  New  Yokk,  ) 
City  of .  S     ' 

Be  it  remembered,  That  on  this day  of ,  A.  D.  18 — ,  before  the 

undersigned,  a within  and  for  the  city  of and  state  of ,  per- 
sonally came ,  who personally  known  to  me  to  be  the  same  person 

whose  name subscribed  to  the  foregoing  instrument  of  writing  as  part — 

thereto,  and  acknowledged  the  same  to  be voluntary  act  and  deed  for 

the  use  and  purposes  therein  mentioned. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal,  at  my  office,  in ,  the  day  and  year  first  above  written. 

[seal,]  (Signature  and  title  of  officer.) 

Claims  against  Decedents'  Estates. — Claims  should  be  verified  and 
filed  with  the  administrator  or  executor,  or  legal  representative.  If  not 
allowed,  a  reference  may  be  stipulated  or  an  action  brought. 

Conditional  Sales  of  Personal  Property. — Contracts  for  conditional  sales 
of  goods  and  chattels,  are  absolutely  void  as  against  subsequent  purchasers 
and  mortgagees  in  good  faith,  unless  the  same,  or  a  true  copy  thereof  shall 
be  filed  the  same  as  chattel  mortgages.  This  act  does  not  apply  to  house- 
hold goods,  pianos,  organs  or  scales  and  certain  other  articles,  provided  the 
contract  for  the  sale  of  the  same  shall  be  executed  in  duplicate  and  a  dujili- 
cate  given  to  the  purchaser.     Laws  of  1885,  ch.  488  ;  188G,  ch.  495. 

Corporations. — May  be,  and  usually  are,  formed  under  general  laws, 
upon  making  and  filing  a  certificate  expressive  of  their  purpose  and  organi- 
zation.   The  capital  stock  may  be  paid  for  in  money  or  property  purchased 

rN.  Y.  4.1 


NEW  YORK.  591 

,  for  the  use  of  the  company,  iu  good  faith.     Stockholders  are  individually 
liable  to  the  amount  of  their  unpaid  stock. 

Costs. — (See  Actions.) 

Courts. — Terms  and  Jurisdiction  of: 

Justice  Courts  in  each  town  where  the  amount  does  not  exceed  6200 ;  dis- 
trict courts  in  the  city  of  New  York,  $250 ;  county  courts  iu  each  county, 
■63,000,  besides  having  jurisdiction  over  assignments  and  the  enforcing  of 
liens. 

Surrogate's  Court  has  jurisdiction  over  probatmg  of  wills,  granting  letters 
testamentary  and  of  administration,  the  appointment  of  guardians,  and  in 
general  in  matters  pertaining  to  the  estates  of  decedents. 

A  Supreme  Court  of  unlimited  jurisdiction  in  law  and  equity,  holding  cir- 
cuits and  special  terms  iu  each  county;  also  a  general  term  in  each  of  the 
five  judicial  departments.  In  the  city  of  New  York,  the  city  court  of  New 
York  with  jurisdiction  to  the  amount  of  $2,000. 

Tlie  Court  of  Common  Pleas  and  the  Superior  Court,  which  have  the  same 
jurisdiction  as  the  supreme  court  over  matters  arising  in  said  city  and  when 
defendant  is  served  therein. 

The  Court  of  Appeals,  to  which  appeals  maybe  taken  from  final  judgments 
rendered  by  the  general  terms  in  matters  of  law  involving  $500.  Appeals 
are  also  taken  from  the  circuits,  special  terms  and  surrogate's  court  to  the 
general  terms.  There  are  also  certain  special  courts  in  different  cities,  such 
as  the  city  court  of  Brooklyn,  the  superior  court  of  Buffalo. 

Court  Calendar.— 

UNITED  STATES  COURTS. 

CIRCUIT  COURTS. 

Associate  Justice  Supreme  Court,  assigned  to  the  Second  Circuit,  Samuel  Blatch- 
ford,  New  York ;  Judges,  William  J.  Wallace,  Syracuse,  E.  Henry  Lacombe,  New 
"iork. 

Northern  District.— Clerk ,  William  S.  Doolittlc,  Utica. 

Terms.— At  Albany  3d  Tuesday  January  ;  at  Canandaigua  3d  Tuesday  June :  at 
Syracuse  3d  Tuesday  November. 

^Southern  District. — Clerk,  Timothy  Griffith,  New  York. 

Terms.— AX  New  York  City  last  Monday  February,  1st  Monday  April,  3d  Monday 
October. 

Efustern  District.— Clerk,  Benjamin  L.  Benedict,  Brooklyn. 

2'erms.—At  Brooklyn  1st  Wednesday  of  each  month. 

DISTRICT  COURTS. 

Northern  District.— Judge,  Alfred  C.  Coxe,  Utica;  District  Attorney/,  Daniel  N- 
Lockwood,  Buffalo;  AssistniU  District  Attorneys,  Samuel  M.Welch,  .Jr.,  William  B- 
Hoyt,  BuflTalo ;  Marshal,  Walter  H.  Bunn,  Cooperstown ;  Clerk,  Charles  B.  GermaiU' 
Buffalo. 

Terms.— A%  Albany  3d  Tuesday  January;  at  Utica  3d  Tuesday  March;  at  Roches- 
ter 2d  Tuesday  May;  at  Buffalo  3d  Tuesday  September;  at  Auburn  3d  Tuesday 
November. 

Southern  District.— .Tudr/e,  Addison  Brown,  of  New  York;  District  Attorneu, 
Stephen  A.  Walker,  New  York;  Marshal,  Martin  T.  McMahon,  New  York;  Clerk, 
Samuel  H.  Lyman,  New  York. 

Terms.— At  New  York  City  1st  Tuesday  of  each  month. 

Eastern  District.— Judge,  Charl&i  1^.  Benedict,  Brooklvn;  District  Attornei/.  Mark 
D.  Wilber,  Brooklyn;  Marshal,  Augustus  C.  Tate;  Clerk,  Benjamin  L.  Benedict. 

Terms.— Al  Brooklyn  1st  Wednesday  of  each  month. 

COURT  OF  APPEALS. 

Chief  jMdr/e,  William  C.  Ruger,  Syracuse;  Associate  Judges,  Charles  A.  Rapallo, 
New  York;  Charles  Andrews,  Syracuse;  Robert  Earl,  Herkimer;  George  F.  Dan- 
forth,  Rochester;  Francis  M.  Finch,  Ithaca;  Rufus  W.  Peckham,  Albany;  Clerk, 
Edwin  O.  Perrin,  Albany. 

The  Court  sits  at  Albany,  and  holds  one  term  each  year. 

IN.  Y.  5.] 


592 


NEW   YORK. 


SUPREME  COURT. 
The  times  and  places  for  holding  special  terms  of  the  Supreme  Court  and  terms 
of  the  Circuit  Courts  and  Courts  of  Oyer  and  Terminer  for  1888  are  as  follows: 


County, 
Albany  . ,  . 


Where   held. 
Albany 


J>isL 
3 


Allegany.. .  . 

•  Belmont  •  •   •  f 

8 

Broome 

.  Bingham  ton. .  . 

6 

Cattaraugus  . 

.  Little  Valley..  . 

8 

Cayuga 

.  Auburn 

7 

Chautauqua  . 

.  Mayville 

8 

Chemung . .  . 

.  Elmira 

6 

Chenango. .  . 

.  Norwich  .... 

6 

Clinton  . .  .  , 

,  Plattsburgh  .  . 

4 

Columbia . .  . 
Cortland  .  ,  . 

.  Hudson 

.  Cortland  .... 

3 
6 

Delaware.. .  . 

.Delhi 

6 

Dutches. .  .  . 

.  Poughkeepsie  . 

2 

Erie 

.  Buffalo 

8 

Essex 

Franklin  .  . 

.  .  Elizabethtown.. 
.  .  Malone 

4 
4 

Fulton 

Johnstown  .  .   . 

4 

(ienesee. .  . 
Greene  .  .  . 

.   .  Batavia 

.   .  Catskill    .... 

S 
3 

Herkimer. . 

.  .  Herkimer. .  .  . 

.5 

Jefferson. . . 

.  .  Watertown.  .   . 

5 

Kings Brooklyn.. 


Lewis 

.  Lowville  .  .  . 

.       5 

Livingston..  . 

.  Geneseo 

7 

MadiSon  .   .   . 

.  MorrJsville..  . 

.        6 

Monroe 

.  Rochester.  .  . 

.       7 

Montgomery.. 

.  Fijiula 

7 

IN.  Y.  C] 

When  held. 

2d  Mon.  Jan.,  1st  Mon.,  jNIarch,  May,  Oct.,  Dec. ; 
special  term  for  equity  cases  and  ca.ses  with- 
out jury  2d  Mon.  June ;  for  motions  and  argu- 
ment of  demurrers,  only  in  cases  triable  in  this 
district,2d  Mon,  every  month,  except  July  and 
August;  special  terms  for  hearing  motions 
only,  last  Tues.  of  each  month. 

Alternately,  commencing  at  Angelica,  1st  Mon. 
Jan.,  2d  Mon.  June,  3d  Mon.  Oct.,  special  term 
1st  Mon.  September. 

4th  Mon.  Feb.,  2d  Mon.  May,  5th  Mon.  Nov., 
special  term  3d  Tues,  Jan.,  special  term  for 
motions  and  demurrers  1st  Tues.  July,  4th 
Tues.  October. 

3d  Mon.  Feb.,  May,  1st  Mon.  Sept.,  special  term 
4th  Mon.  June. 

1st  Mon.  Jan.,  May,  Oct.,  special  term  for  trial  of 
equity  cases  1st  Mon.  April,  2d  Mon.  Sept. 

1st  Mon.  Jan.,  2d  Mon.  Alay,  3d  Mon.  Sept., 
special  terra  3d  Mon.  June. 

1st  Mon.  Jan.,  1st  Mon.  April,  2d  Mon.  October, 
special  term  3d  Tues.  Feb.,  special  term  for 
motions  and  argument  of  demurrers  4th  Tues. 
March. 

1st  Mon.  May,  2d  Mon.  Sept.,  special  term  3d 
Tues.  December. 

2d  Mon.  April,  3d  Mon.  Nov.,  special  term  (addi- 
tional) 2d  Tues.  Jan.,  July. 

3d  Mon.  Jan.,  2d  Mon.  April,  3d  Mon.  October. 

1st  Mon.  Feb,,  2d  Mon.  June,  Nov.,  special  term 
3d  Tues.  April. 

3d  Mon.  Feb.,  1st  Mon.  June,  4th  Mon.  Sept., 
special  term  2d  Tues.  April,  1st  Tues.  Sept. 

2d  Mon.  March,  June,  1st  Mon.  Oct.,  Dec,  special 
term  (additional  for  all  special  term  business) 
every  Saturday. 

1st  Mon.  Feb.,  April,  4th  ]Mon.  Sept. ,  Nov.,  special 
term  1st  Mon.  Jan.,  April,  July,  2d  Mon.  Sept., 
special  term  for  non-enumerated  motions 
every  day  except  Saturday,  and  except  from 
July  20  to  September  20. 

1st  Mon.  June,  2d  Mon.  December. 

2d  Mon.  Mar.,  3d  Mon.  Sept.,  special  term  (addi- 
tional) 1st  Tues.  May,  December. 

od  Mon.  Feb.,  June,  Oct, 

2d  Mon.  Mar.,  Nov., 3d  Mon.  June. 

3d  Mon.  February,  1st  Mon.  May,  2d  Mon.  Dec, 
special  terms  for  motions  and  argument  of 
demuri'ers  only  in  cases  triable  in  this  district 
od  Saturday  every  month,  except  July.  Aug. 

2d  Mon.  April,  Nov.,  special  term  last  Tuesday 
June,  2d  Tues.  December. 

Last  Mon.  March,  2d  jNIon.  Sept.,  1st  Mon.  Dec, 
special  term  1st  Tues.  JMarch,  3d  Tues.  June, 
2a  Tues.  Nov.,  special  term  for  motions  2d  Sat. 
Feb.,  April,  June,  October,  December,  last  Sat. 
May. 

Circuit,  Oyer  and  Terminer  1st  Mon.  January, 
March,  Oct.,  3il  Mon.  May,  2d  Mon.  November, 
special  terin(all  special  term  business)  1st  Mon. 
every  month,  except  July,  Aug.,  Sept.,  special 
term  (additional  for  non-enumerated  motions 
only)  every  Mon.  July,  Aug.,  Sept. 

Last  Mon.  Jlay.^d  Mon.  Oct.,  special  term  last 
Tues.  April,  3a  Tues.  Nov. 

1st  Mon.  Feb.,  May,  2d  Mon.  Nov.,  special  term 
for  trial  of  equity  cases  2d  Mon.  June,  3d  Mon. 
December. 

4tli  Mon.  Jan.,  April,  od  Mon.  Sept.,  special  term 
3d  Tues.  Novem  bor. 

2d  Mon.  Fel).,3d  Mon.  May,  4th  Mon.  Oct.,  special 
term  for  motions  and  demurrers  and  ex  darle 
application  4th  Tues.  each  month. 

1st  Mon.  Jan.,  Mar.,  June,  Oct.,  special  term  for 
trial  of  equity  cases  1st  Mon.  Fel).,  April,  Dec. 


NEW   YORK. 


593 


OourUii. 
New  York  . 


Where  held. 
New  York  City. 


Niagara   .   . 

.   .  Ivockport 

Oneida  .   .   . 

.   .  Rome 

Utica 

Ooondaga  . 

.   .  Syracuse 

Ontario 

.  Canandaigua    . 

7 

Orange 

.  Goshen 

JNowburgh  .   .   . 

2 

Orleans 

Oewego .... 

.  Albion 

.  Oswego 

8 
5 

Otsego  .... 

Pulaski 

.  Coopei  stown..  . 

G 

Putnam   .   .   . 
Queens 

.  Carmel 

.  Jamaica  .... 

•2 
2 

Kensselaer  .  . 

.  Troy 

3 

Richmond .  . 
Rockland   .  . 
St.  Lawrence . 
Saratoga .  .  . 
Schenectady  . 
Schoharie.  .  . 
Schuyler .  .  . 
Seneca  .... 

.  Richmond  .  .   . 
.  Clarkstown    .  . 

.  Canton 

.  Ballston  .... 
.  Schenectady. .  . 
.  Schoharie  .  .   . 

.  Watkin 

.  Waterloo 

Ovid 

2 
2 
4 
4 
4 
3 
6 
7 

Steuben.  .   .   . 

.  Bath 

Corning   .... 

7 

Suffolk 

.  Riverhead. .  .   . 

2 

Sullivan  .   .   . 
Tioga, 

.  Monticello  .   .   . 
.  Owego 

6 

Tompkins  .  . 

.  Ithaca. 

6 

Ulster 

.  Kingston 

3 

Warren .... 
Washington  . 

Wayne 

.  Caldwell  .... 

.  Salem 

Sandy  Hill..  .   . 

4 

4 

7 

Westchester  . 

.  White  Plains.  . 

Wyoming  .  . 
Yates 

.  Warsaw 

.  Penn  Yan. .  .  . 

S 
7 

ZHst.  JThen  held. 

1  Circuitandspecialterm  for  cninin  rattd  motions 
ist  Mon.  cacli  uioutli,  I'X'.tpi  .j  uly,  -Vug.,  Sep., 
special  term  for  non-Oil  iiiiii'i  all  (1  motions,  1st 
and  ;id  Mon.  each  nionili,  i).  A:  T.  I'Cb.,  April, 
June,  Nov. 
8    ist  Mon.  Keb.,  Sept.,  lid  Moii.  April,  special  term 

2d  Mon.  Nov. 
5    od  Mon.  March,  2d  Mon.  Nov.,  special  term  2d 

Tues.  June. 
5  3d  Mon.  Jan.,  2d  Mon.  May, 4th  Tues.  Oct., special 
term  1st  Tues.  Jan.,  special  term  for  motions 
8d  Sat.  each  montli,  except  July,  August. 
5  2d  Mon..Tan.,Marcli,  -Ith  Mon.  May,  Sept.,  special 
term  2d  Tues.  Feb.,  1st  Tues.  May,  iJcc,  special 
terra  for  motions  IsiSat.  cacli  month,  except 

■  August  and  4th  Sat.  etich  mouth,  except  July, 
I'eceniber. 

2d  Mon.  Kcl).,  May,  Nov.,  special  term  for  trial  of 
equity  cases  3d  Mon.  March,  September. 

3d  Mon.  January,  June. 

2d  Mon.  April,  Nov.,  speciiU  term  (additional 
for  all  special  tcrnj  business)  at  Nowburgli  1st 
and  3d  Sat.  every  month,  e.xcepl  August. 

1st  Mon.  Feb.,  Oct.,  last  Mon.  Mav. 

2d  Mon.  Jan.,  1st  Mon.  Oct.,  special  term  3d 
Tues.  Feb.,  1st  Tues.  July,  4th  Tues.  Nov., 
special  term  for  motions  2d  Sat.  Jan.,  March, 
May,  Sept.,  Nov.,  last  Sat.  Oct. 

1st  Mon.  June. 

2d  Mon.  Jan.,  yth  Mon.  Mav,  special  term  .3d 
Tues.  May. 

4th  Mon.  June,  .Sd  Mon.  Oct. 

Circuit,  Oyer  and  Terminer,  1st  Mon.  Jan.,  Oct., 
3d  Mon,  April,  June,  special  term  (additional 
for  all  special  term  business)  .3d  Mon.  Feb.,  1st 
Mon.  Sept ,  4th  Mon.  Nov. 

2d  Mon.  Feb.,  Ist  Mon.  May,  4th  Mon.  Sept.,  2d 
Mon.  Nov.,  special  term  for  motions  and  argu- 
ment of  demurrers,  only  in  case  triable  in  this 
district,  Jst  Mon.  every  month,  except  August. 

1st  Mon.  May,  4th  Mon.  September. 

1st  Mon.  :May,  4tli  Mon.  Se})tember. 

2d  Mon.  Jan.,  1st  Mon.  ]May,  2d  ISion.  October. 

3d  Mon.  Jan.,  2d  Mon.  June,  1st  Mon.  October. 

3d  Mon.  April,  2d  Mon.  November. 

2d  Mon.  Jan.,  8(1  Mon.  A])ril,  2d  Mon.  October. 

2d  Mon.  IMar.,  Dec,  .special  term  41  h  Tups.  Juno. 

1st  Mon.  :March,  special  term  for  trial  of  equitv 
c^ses  1st  jNIon.  April. 

1st  Mon.  Sept.,  special  term  for  trial  of  equitv 
cases  3d  Mon.  October. 

1st  Mon.  Jan.,  2d  Mon.  Sept.,  special  term  for 
trial  of  equity  cases  4th  Mon.  March. 

2d  Mon,  April,  Nov.,  sjiecial  tc^nn  for  trial  of 
equity  cases  3d  Mon.  October. 

3d  Mon.  Fell.,  ist  Mon.  May,  4th  Mon.  Oct.,  no 
Oyer  and  Terminer  in  February. 

4th  Mon,  Ma.v,  Sept.,  2d  Mon.  Dec. 

3d  Mon.  ]March,  4th  Mon.  Nov.,  special  term  1st 
Tues.  October. 

2d  Mon.  .March,  3d  Mon.  Oct.,  special  term  1st 
Tues.  liecember. 

2d  Mon.  Feb.,  April,  June,  3d  Mon.  Nov.,  special 
term  for  motions  and  arffument  of  demurrers, 
only  in  cases  triable  in  this  district,  2d  Satur- 
day every  month,  excei)t  August, 

3d  Mon.  March,  September. 

4th  Mon.  January,  October. 

3d  Mon.  Miiy. 

3d  Mon.  Feb..  Nov.,  1st  Mon.  June,  special  terms 
for  trial  of  equity  cases  4(h  Mon,  Jan.,  3d  Mon. 
September. 

1st  Mon.  March,  June,  2d  Mon.  Oct.,  .3d  Mon. 
Dec,  special  terms  (additional  for  special  term 
business)  every  Sat.,  excejit  in  August. 

Last  Mon.  April,  2d  Mon.  Sept.,  1st  Mon.  Dec. 

3d  Mon.  May,  1st  Mon.  De<-.,  special  terms  for 
trial  of  equity  cases,  3d  Mon.  March,  1st  Mon. 
September. 

[N.  Y.  7.1 


594  NEW   YORK. 

Note. — Special  terms,  additional  to  tliose  expressly  mentioned  above,  are  held  at 
the  same  times  and  places  as  Circuit  Courts. 

THE  SUPEPIOR  COURT  OF  THE  CITY  OF  NEW  YORK. 

General  Termx. — 1st  Monday  February,  April,  June,  December. 
{Special  and  Trial.   Terms.— ls,t  Monday  each  month,  except  July,  August,  Sep- 
tember. 

THE  COURT  OF  COMMON  PLEAS  FOR  THE  CITY  AND  COUNTY  OF  NEW  YORK. 

General  Terms  —\%t  Monday  January,  March,  May,  November.  For  hearing 
appeals  irom  District  Courts  February  24th,  April,  21st,  June  23d,  October  27th, 
December  22d. 

Special  and  Trial  Tirvm.s-.— 1st  Monday  each  month,  except  July,  August,  September 

THE  CITY  COURT  OF  NEW  YORK. 

General  Terms. — Held  every  month,  except  June,  July,  August. 

Special  and  Ti-ial  Terms. — 1st  Monday  each  month,  except  .luly  and  August. 

Ihe  District  Courts  in  the  City  of  New  York  are  always  open. 

Curtesy. — The  husband  still  has  the  common  law  right  of"  curtesy  in  the 
real  estate  left  by  his  wile  vtndevised. 

Deeds, — Conveying  real  estate  mtist  be  sealed,  acknowledged  and  recorded 
in  the  register's  or  county  clerk's  office  in  the  county  within  which  the  land  is 
situated.   Tliey  may  be  with  or  without  covenants. — {See  Acknowledgments.) 

Descent  and  Distribution  of  Decedents'  Estates. — The  real  estate  of 
an  intestate  descends  :  1.  To  lineal  descendants.  2.  To  father.  3.  To  mother. 
4.  To  collateral  relatives.  Lineal  descendants  in  a  direct  line  and  of  equal 
degrees  of  ccmsanguinity  take  equal  shares. 

Personal  Estate. — After  payment  of  debts,  one  third  to  the  widow,  the 
residue  in  equal  proportion  among  the  children.     R.  S.  p.  2303. 

Depositions- — See  following  forms,  cio.  : 

Forms  and  Instructions  for  taking  Depositions. 

INSTRUCTIONS    FOR    TAKING   DEPOSITIONS. 

Depositions  taken  without  the  state,  for  use  within  the  state,  are  granted 
upon  affidavit  in  a  proper  case,  and  upon  notice  to  the  adverse  party,  if  he 
has  appeared  in  the  action.  The  names  of  the  witnesses  are  inserted  in  the 
commission,  and  the  interrogatories  (.settled  by  consent  of  the  parties,  or  by 
order  of  the  judge)  are  annexed  to  the  commission.  The  commission  may 
issue  to  any  competent  person  or  persons,  generally  to  attorneys.  Where  an 
issue  of  fact  joined  lit  an  action  is  pending  in  the  supreme  court,  a  stxperior 
city  court,  the  marine  court  of  New  York  City,  or  a  county  couil,  the  parties 
may,  by  written  stipulation,  or  upon  the  direction  [discretionary]  of  the  court 
of  judge,  obtain  the  issuance  of  a  commission  without  written  interrogatories, 
and  the  deposition  be  taken  upon  oral  questions,  or  partly  upon  oral  ques- 
tions and  written  interrogatories,  or  that  an  open  commission  issue.  In  either 
of  the  last  named  cases  written  notice  of  the  time  and  place  of  examination 
must  be  given  to  attorney  of  adverse  party  at  least  five  judicial  days  before 
iiepositit)n  is  taken,  and  one  judicial  day  in  addition  for  each  fifty  miles,  by 
usual  route  of  travel,  between  residence  of  such  attorney  and  place  of  taking 
deposition.  Either  party  may,  on  the  examination,  produce  such  witnesses 
as  he  deems  proper,  whose  testimony  is  taken  upon  oral  questions.  In  either 
of  last  named  cases  the  applicant  can  not  be  examined  in  his  own  behalf,  ex- 
fei>t  tipon  consent  of  the  ])ai-ties.  (L.  1870,  chap.  542,  page  Gil.)  Korean 
cither  of  those  methods  be  applied  when  the  adverse  party  is  an  infant,  or 
flic  c(mnnittee  of  a  lunatic,  idiot  or  habittial  drunkard,  or  where  the  testi- 
mony is  to  be  taken  elsewhere  than  in  the  United  States  or  Canada.  C,  of 
C.  P.,  §887,  etseq. 

|N.  Y.  S.] 


N]':\V    YOllK.  .595 


.  plaintiff,       i 

r«.  In court,  county  of ,  state  of . 

,   dclondant.  ) 

Deposition —  of  -witness  produced,   sworn  (or  affirmed)  and  examined  on 

the day  of ,  in  the  year  of  our  Lord  18 — ,  between  the  hours  of 

o'clock  in  the  forenoon  and ■  o'clock  in  the  afternoon  of  that  day,  at , 

in  tlie  coimty  of and  state  of ,  before  me  (name  and  title  of  officer), 

under  and  by  virtue  of  a  commission  issued  out  of  the ccmrt,  in  the 

county  of .  in  the  state  of ,  in  a  certain  cause  therein  pending  and  at 

issue  between .  i>laintift" — ,  and ,  defendant — . 

Present, .  Esq.,  on  behalf  of  the  plaintift' — ,  and .  Esc^.,  on  behalf 

of  the  defendant — . 

C.  D.  of county  of ,  state  of .  of  lawful  age  a  witness,  a  wit- 
ness produced  on  the  part  of (plaintiff  or  defendant),  being  duly  swoni 

(or  aflirmed)  to  testify  the  truth,  the  whole  truth,  and  nothing  but  the  truth, 
deposes  and  says  as  follows  : 

First.  To  the  first  interrogatory  he  answereth  as  follows  :  (Here  insert 
answer,  and  so  continue  with  the  remaining  interrogatories  and  also  cross- 
interrogatories.  ) 

certificatk  to  depositioxs. 

State  of  Xkw  Yokk.  } 
County  of .  <, '  *" 

I, ,  do  hereby  certify  that  ,  tlie  witness  (or  witnesses),  personally 

came  before  me  on  the day  of ,  18 — ,  at o'clock  in  the 

noon- ,  at ,  in  the  county  of ,  state  of ,  who  after  being  by 

me  duly  sworn  (or  affirmed)  to  testify  the  truth,  the  whole  truth  and  noth- 
ing but  the  truth,  of knowledge  touching  the  matter  in  controversy 

aforesaid,  did  depose  to  the  matters  contained  in  tlie  foregoing  deposition, 
that  the  testimony  was  reduced  to  writing  by  me  (or  in  my  presence  by  a 
disinterested  person,  a.s  the  case  maybe),  and  that  the  witness  did,  in  my 
presence,  subscribe  the  same,  and  indorsed  the  exhibits  annexed  thereto. 

I  further  certify  that  I  liave  subscribed  my  name  to  each  half  sheet  of  said 

depositions  and  to  each  exhibit  thereof,  and  that appeared  on  behalf  of 

the  plaintiff,  and  that ai^i^eared  on  behalf  of  defendant. 

In  teMimonji  vltereof.  I  have  hereunto  set  my  hand  and  official  seal ,  at 

,  in  the  county  of and  state  of aforesaid,  this day  of -, 

18—. 

[l.  s.]  (^Sifjnature  and  title  of  officer.) 

[Fees  and  jiostage,  $ ,  i)ai(l  by .  ] 

.   FURTHER   INSTRUCTIONS     CONCERNING   THE    DEPOSITION. 

The  officer  will  annex,  at  the  foot  of  the  deposition  of  each  witness,  the 
following  certificate  : 

'•Subscribed  and  sworn  to  before  me,  on  the  day,  at  the  place,  and  withii;i 
the  hours  fir.st  aforesaid."' 

Exhibits  must  be  properly  authenticated  by  commissioner  indorsing 
thereon,  by  whom  i)roduced,  etc.,  tlius  : 

,   plaintiff,    i 

vs.  S      Tn  the ,  court  of ,  county  of .  state  of , 

,  defendant.  ;  No.  — . 

At  the  execution  of  the  acoompanying  commission  for  tlic  examination  of 
witnesses  in  the  above  entitled  cause  this  document  (or  paper  writing)  was 
produced  by on  behalf  of  (plaintiff  or  defendant),  an*!  shown  to  

LX.  V.!).] 


696  KENV   YORK. 

witness,  and  testified  to  by  said  witness  on  his  examination  under  and  in  pur- 
suance of  said  commission  by . 

(Signature  and  title  of  officer.) 

The  depositions,  papers  and  exhibits,  commission,  notice  and  certificates 
should  be  inclosed  in  a  strong  envelope,  securely  sealed,  and  direct  the  same 

to  the  clerk  of  the court,  of  the  county  of ,  state  of ,  noting  oa 

the  envelope  the  style  of  the  cause  and  contents,  thus  : 

,  plaintiff,        ) 

cs.  /•  Depositions  for  (state  Avhether  for  defendant  or  plaintiff). 
,  defendant.     ) 

If  the  package  is  transmitted  by  mail,  see  that  the  proper  jKist-ofhce  ad- 
dress is  given  thereon. 

Divorce. — An  absolute  divorce  is  granted  only  for  adultery.  A  limited 
divorce  for  cruel  and  inhuman  treatment,  abandonment,  and  when  wife  is  the 
plaintiff  for  the  neglect  and  refusal  of  defendant  to  provide  for  her. 

Dower- — {See  Married   Women.) 

Evidence. — Witnesses  are  not  excluded  by  reason  of  interest  in  the  action. 
Parties  to  the  action  may  be  witnesses,  also  husband  or  wife  of  a  party 
thereto.  Husband  and  wife  may  be  witnesses  for  and  against  each  other  ; 
in  actions  for  adultery  they  can  testify  only  to  prove  marriage  or  disprove 
the  allegation  of  adultery  ;  neither  can  be  compelled  to  disclose  confidential 
communications  made  by  each  other  during  marriage. 

Executions. — Against  property  issue  at  once  after  judgKient.  If  not  issued 
within  five  years,  then  by  leave  of  court.  Upon  the  return  of  an  execution 
unsatisfied,  in  actions  where  the  defendant  may  be  arrested,  an  execution 
may  be  issued  against  the  pers(m,  on  which  he  may  be  imprisoned.  {See 
Arrest.)  Upon  the  return  of  an  execution  against  the  property  unsatisfied, 
supplementary  proceedings  may  be  instituted  by  order  of  the  court,  and  the 
defendant  examined  on  oath  concerning  the  property. 

Executions  become  liens  on  personal  property  when  issued  to  the  sheriff, 
except  as  against  boiia  fi<lc  purchasers  and  mortgagees  before  levy  is  made. 

Executors. — ( See  Administration. ) 

Exemptions. — By  a  householder  a  homestead  to  the  value  of  $1,000,  wear- 
ing apparel,  certain  specified  articles  for  family  use  (tools  and  implements  of 
mechanics  to  the  value  of  $25),  also  necessary  household  furniture,  working 
tools  and  team,  professional  implements  and  library  not  exceeding  in  value 
$350.  Even  in  supplementary  proceedings,  the  judgment  debtor  cannot  be 
ordered  to  apply  upon  the  judgment  his  earnings  for  his  personal  services 
within  sixty  days  preceding  the  order,  if  such  earnings  are  necessary  for  the 
support  of  a  family,  wholly  or  i)artly  supported  by  his  labor. 

Factors. — Every  factor  or  other  agent  intrusted  with  any  bill  of  ladiiig, 
custom  house  permit  or  warehouse  keeper's  receipt,  for  the  delivery  of  mer- 
chandise ;  or  not  having  the  documentary  evidence  of  title,  but  intrusted 
with  the  possession  of  any  merchandise  for  sale  or  as  security  for  any  ad- 
vances to  bo  made  thereon'  shall  be  deemed  the  true  owner  thereof,  so  as  to 
give  validity  to  any  contract  made  by  him  for  the  sale. 

raise  Pretenses. --Obtaining  property  under  false  pretenses  is  larceny. 
N.  y.  Penal  Code.  t^528.  A  purchaser  of  property  by  means  of  a  false  pre- 
tense is  not  criminal,  where  the  false  pretense  relates  to  the  purchaser's  means 
or  ability  to  pay,  unless  the  pretense  is  made  in  writing  and  signed  by  the 
party  to" be  charged.  Id.  544.  As  to  liability  in  civil  actions  for  fraud  or 
false  representation  see  arrest. 
[N.  Y.  10.1 


NEW   YORK.  597 

Frauds,  Statutes  of. — Deeds  of  gift,  conveyances,  transfers  or  a.ssicrn- 
ments,  verbal  or  written,  of  goods,  chattels  or  things  in  action,  made  in 
trust  for  the  use  of  persons  making  the  same,  sliall  be  void  as  against  credi- 
tors. Every  agreement,  which  by  its  terms  is  not  to  be  performed  within 
one  year  from  the  making  thereof;  every  special  promise  to  answer  for  the 
<lebt,  tlefault  or  miscarriage  of  another  person,  and  every  agreement,  promise 
or  undertakini;-  made  upon  consideration  of  marriage,  except  a  mutual 
])romise  to  marry,  sliall  be  void,  unless  such  agreement  or  some  note  or 
memorandum  thereof  l)e  in  writing  and  subscribed  by  the  party  to  be 
<-.harged  therewith ;  also  every  contract  for  the  sale  of  any  goods,  chattels 
or  things  in  action  for  the  price  of  i^oO  or  more,  is  void,  unless  a  note  or 
memorandum  of  such  contract  be  made  in  writing  and  signed  by  the  party 
to  be  charged  thereby.  Or  unless  the  buyer  shall  accept  or  receive  part  of 
-such  goods,  or  the  evidence,  or  some  of  tliem,  of  such  things  in  action.  Or 
imless  the  buyer  shall  at  the  time  pay  some  part  of  the  purchase  money. 

Grace. — {See  Promissory  Notes.) 

Homestead. — {See  Exemptions.') 

Insolvent  Laws. — {See  Assignments.) 

Interest. — The  legal  rate  of  interest  is  six  per  cent.  All  notes,  bonds, 
contracts,  securities,  etc.,  whereby  a  greater  rate  is  reserved  or  taken  or 
agreed  for,  are  absolutely  void,  and  the  lender  can  recover  neither  principal 
nor  interest  in  such  cases,  but  corporations  can  not  plead  usury  as  a  defense. 
Usury  is  also  punishable  as  a  misdemeanor  l)y  fine  or  imprisonment,  or  both. 
^itate  banks  have  been  placed  on  the  same  looting  as  national  banks  as  re- 
gards usury,  and  are  thereby  exempt  from  the  extreme  penalties  mentioned 
above.  By  chaiiter  237,  laws  of  1882,  on  demand  loans  of  $5,000  and  over, 
made  with  warehouse  receipts,  bills  of  lading,  certificates  of  stock,  certifi- 
cates of  deposit,  bills  of  exchange,  bonds  or  other  negotiable  instruments, 
pledged  as  collateral,  it  is  lawful  to  receive  and  collect,  as  compensation  for 
making  such  advances,  any  sum,  to  be  agreed  upon  in  writing  by  the  parties 
to  the  transaction. 

Judgments. — Judgments  in  the  city  court  of  New  York  may  be  entered 
in  six  days  after  service  of  the  summons  ;  in  other  courts  of  record  after 
twenty  days.  This  is  in  case  where  no  defence  is  interposed.  Judgments  of 
$25  and  upwards  become  liens  upon  real  estate  for  ten  years  as  soon  as  en- 
tered in  county  clerk's  office  or  transcript  filed  therein. 

Justice  of  the  Peace. — {See  Courts.) 

Landlord  and  Tenant. — A  tenant  may  be  removed  by  summary  pro- 
ceedings when  he  holds  over  after  the  expiration  of  his  term,  for  default  in 
payment  of  rent,  where  the  same  has  been  demanded,  or  at  least  three  days' 
notice  in  writing  requiring  the  payment  of  rent  or  the  possession  of  the 
premises.     There  is  no  distress  for  rent. 

Liens. — {Sec  Jadfjments  and  Mechanics'  Liens.) 

Limitations  of  Suits. — Contracts,  express  or  implied,  except  those  under 
seal,  six  ycais  ;  recovei-y  of  real  estate  upon  judgments  of  courts  of  record 
and  sealed  instruments,  twenty  years.  Revivor :  Part  payment  or  new 
l)romi.se  in  writing. 

Limited  Partnerships. — Such  partnerships  may  consist  of  one  or  more 
general  and  one  or  mcne  special  partners  ;  the  special  partners  are  liable  only 
to  the  extent  of  the  funds  contributed  by  them.  Any  lawful  business  may 
be  carried  on,  except  banking  or  insurance.     They  shall  make  a  certificate, 

(N,  Y.  11.) 


698  NEW   YORK. 

containing  name  of  firm,  nature  of  business,  names  of  general  and  special 
partners,  amount  of  capital  contributed  by  each  special  partner,  the  periods 
at  which  partnership  begins  and  terminates,  -vvhieii  certificate  must  be  ac- 
knowledged and  filed  in  the  office  of  the  clerk  of  the  county  in  which  the 
principal  place  of  business  is  situated,  and  it  must  also  "be  published. 
Where  the  name  of  a  special  partner  is  used  with  his  i)rivity  he  shall  be 
deemed  a  general  partner. 

Married  Women. — May  purchase,  hold  and  convey  property,  real  and 
personal,  contract  and  make  wills  the  same  as  a  femme  sole.  They  have 
dower.  The  husband  still  has  the  common  law  right  of  curtesy  in  the  real 
estate  left  by  his  wife  undevised.  Husband  and  wife  may  convey  or  transfer 
real  estate  directly  to  each  other. 

Mechanics'  Liens. — Mechanics'  liens  may  be  secured  by  filing  notice  in 
county  clerk's  office,  for  services  and  materials  furnished  in  the  erection  or 
repairing  of  buildings,  etc. 

Minors. — Caimot  convey  nor  devise  real  estate.  Males  of  18  and  females 
of  16  can  make  wills  of  personal  property.  They  cannot  be  executors  or  ad- 
ministrators. Twenty-one  years  is  the  age  of  majority  for  both  sexes.  Con- 
tracts made  by  minors  are  voidable,  but  for  necessaries  they  are  liable. 

Mortgages. — May  be  executed  and  recorded  the  same  as  deeds.  If  they 
contain  a  power  of  sale  they  may  be  foreclosed  by  advertisement.  Whether 
they  do  or  not  contain  such  power  of  sale  they  may  be  foreclosed  by  action. 
Upon  a  mortgage  sale  their  is  no  redemption. 

Notes  and  Bills  of  Exchange. — To  hold  the  indorser,  the  note  must  be 
duly  presented  for  payment,  i)ayment  refused,  and  due  notice  sent  to  the  in- 
dorser. Acceptance  of  a  bill  of  change  must  be  in  writing,  signed  by  the 
acceptor  or  his  agent.  (1  R.  S.  708.)  No  grace  is  allowed  on  sight  bills  of 
exchange  and  drafts.      (Laws  1857,  chap.  410.) 

Negotiable  instruments,  given  for  the  right  to  use  or  vend  a  patent,  remain 
subject  to  all  tlie  equities,  provided  the  words  "  given  for  a  patent  right "'  be 
written  on  the  face  thereof.  Negotiation  of  such  instrument  without  such 
writing  upon  its  face,  is  a  misdemeanor.     (L.  1877,  chap.  65.) 

January  1,  February  23,  May  30,  July  4,  December  25,  and  general  election 
day,  and  any  day  appt)inted  or  recommended  by  the  govenior  or  the  presi- 
dent as  a  day  of  thanksgiving  or  fasting  and  prayer,  or  other  religious  ob- 
servance, are  public  liolidays,  and  are  treated  as  Sunday  with  respect  to  pre- 
sentation and  protest  of  bills,  notes  and  checks.  Presentation  should  be 
made  on  the  secular  or  business  day  next  preceding  the  holiday. 

The  Laws  of  1887.  ch.  289,  materially  cliange  the  above  rules  as  to  com- 
mercial paper  made  thereafter.  It  adds  the  first  j\Ionday  of  September 
(labor  day)  as  a  holiday,  and  every  Saturday,  from  twelve  o'clock  at  noon 
until  twelve  o'clock  midnight,  us  a  half-holiday.  When  any  of  the  days  de- 
clared to  be  public  holidays  fall  on  Sunday,  the  ]\Ionday  following  shall  be 
a  public  holiday.  All  bills,  checks  and  not'es  otherwise  presentable  for  ac- 
ceptance or  payment,  on  any  of  said  holidays,  shall  be  ]tresented  on  the 
secular  or  business  day  next  succeeding  such  holiday.  In  case  of  the  half- 
lioliday,  shall  be  presentable  at  or  before  twelve  o'clock  noon  of  that  day,  if 
not  i>aid  before  that  time  ;  demand,  ])resentment  and  protest  may  be  made 
on  the  next  succeeding  secular  or  business  day. 

A  subsequent  ch.  401,  laws  of  1887,  enacts  that  all  bills  of  exchange  and 
promissory  notes  made  after  the  passage  of  this  act,  otherwise  i)resentable 
on  any  half-holiday,  Saturday,  shall  be  i)ayable  on  the  next  succeeding 
secular  or  business  day.  Tliis  act  in  effect,  though  not  in  form,  seems  to  do 
away  with  the  foregoing  provision  as  to  presentment  on  Saturday,  except  in 
respect  to  checks  or  i)aper  payable  on  sight  or  on  demand.  It  also  provides 
IN.  Y.  12.1 


NEW   YORK.  599 

that  bills,  checks  and  notes  payable  by  their  tcnns  on  Sunday  shall  be  pay- 
able on  the  next  succeeding  secular  or  business  day. 

Oaths  and  Affidavits. — {See  Affidavits.) 

Partnerships. — Xo  person  shall  transact  business  in  the  name  of  a  part- 
ner not  interested  in  his  firm.  The  designation  of,  and  use  of,  "and  com- 
pany," or  "and  Co."  shall  represent  an  actual  partner.  The  violation  of 
this  provision  is  a  misdemeanor,  and  is  a  defense  to  an  action  brought  by  such 
a  firm.  Where  a  firm  shall  have  carried  on  business  for  five  years  or  more, 
and  it  shall  be  contiiuunl  by  any  of  its  members  they  may  use  such  firm 
name  by  filing  and  jjuhlishing  a  certificate,  declaring  the  person  or  persons 
dealing  under  such  fiiin  name,  and  their  place  or  places  of  abode. 

Promissory  Notes. — {See  Notes  and  Bills  of  Exchange.) 

Practice. — {See  New  York  Code  of  Civil  Procedure.) 

Proof  of  Claims. — {See  Forms  under  Acknoicledgments.) 

Recording. — Deeds  and  mortgages  of  real  estate  must  be  recorded  in  the 
clerk's  office  of  the  county  wherein  the  land  is  situated,  to  secure  i)rior  lien 
to  subsequent  deeds  and  mortgages  recorded  on  the  same  property. 

Redemption. — Real  property  sold  by  virtue  of  an  execution  may  be  re- 
deemed by  the  judgment  debtor,  or  his  legal  representatives,  within  one  year 
from  the  sale  of  property,  and  by  a  creditor  having  a  judgment  or  a  mort- 
gage recorded  within  fifteen  months  from  sale.  Land  sold  for  taxes  can  be 
redeemed  within  two  years  from  the  sale. 

Replevin. — Personal  property  may  be  replevied,  at  the  beginning  of  an 
action,  by  giving  security  in  double  the  value  of  the  property. 

Revision. — The  last  complete  revision  or  edition  of  the  revised  statutes 
was  in  1882.  The  code  of  civil  procedure,  with  the  new  additional  chapters, 
went  iTito  effect  Septend)er  1,  1880.  There  is  also  a  code  of  criminal  proced- 
ure and  a  penal  code,  the  former  taking  effect  in  September,  1881,  the  latter 
n  December,  1882. 

Revivor. — In  case  of  the  death  of  a  sole  plaintiff  or  defendant,  if  the 
cause  of  action  survives  or  continues,  the  court  must,  ujion  motion,  allow  or 
compel  the  action  to  hv.  continued  by  or  against  his  representative  or  succes- 
sor in  interest. 

Seal. — An  iuiiitessioii  upon  wax  or  some  ])liable  substance.  An  ofiicial 
seal  may  be  impiessed  or  stam])ed  on  the  paper.  Deeds  nuist  be  sealed.  A 
seal  imparts  a  consideration,  but  is  only  presumptive  evidence  thereof. 

Security  for  Costs  and  other  Undertakings. — An  undertaking  is  a  form 
of  liability  iised  in  giving  security  for  costs  on  appeals  and  other  similar 
])urposes,  and  must  be  acknowledged  or  i)roved,  and  certified,  in  like  manner 
as  a  deed  to  be  recorded. — {See  Actions.) 

Stay  of  Execution. — There  are  no  stay  luws  ;  bvit  an  execution  maybe 
stayed  by  order  of  the  court  or  by  appeal  with  security  given. 

Smts.— {■'^x'  Art io „.->.) 

Supplementary  Proceedings.— (^V^  Executions.) 

Taxes. — (  See  Redemption. ) 

[N.  Y.  13.1 


600  ]SEW   YORK. 

Trust  Deeds. — Are  executed  and  recorded  like  other  deeds.  Express 
trusts  may  Ih;  created  for  certain  si^ecified  purposes. 

Usury, — (Sec  Interest.) 

Wages. — Contractors  on  canals  or  public  works  must  give  security  for  the 
payment  of  laborers.  Provision  is  also  made  by  statute  for  the  payment  of 
railroad  employees.  In  the  distribution  of  as.sets  in  assignments  for  the 
benefit  of  creditors,  ■wages  of  employees  are  preferred. 

Wills. — Persons  of  sound  mind  and  twenty-one  years  of  age  may  make 
wills  of  real  estate,  males  of  eighteen  and  females  of  sixteen  of  personal 
property.  The  testator  must  sign  his  name  at  the  end,  in  the  presence  of  at 
least  two  witnesses,  or  acknowledge  to  them  his  signature,  who  at  his  n-- 
quest  and  in  his  presence,  and  in  the  presence  of  each  other  must  subscribe 
their  names  as  witnesses.  They  are  also  obliged  to  state  their  residence. 
Nuncupative  wills  can  bo  made  only  by  soldiers  and  sailors  in  actual  service. 
No  person  having  a  husband,  wife,  child  or  parent,  shall  devise  or  bequeath 
to  any  charitable  society  more  than  one-half  of  his  or  her  estate,  after  the 
payment  of  debts,  and  such  devise  shall  be  valid  to  the  extent  of  one-half  and 
no  more.  Benevolent,  charitable,  scientific  and  missionary  corporations,  or- 
ganized under  laws  of  1848,  ch.  319,  may  hold  property  by  virtue  of  a 
devise  or  bequest,  the  annual  income  of  which  shall  not  exceed  ten  thousand 
dollars ;  but  no  person  leaving  a  wife  or  child  or  parent  can  devise  or  be- 
queath to  such  corporation  more  than  one-fourth  his  estate,  after  payment, 
debts,  and  such  bequest  shall  be  valid  to  the  extent  of  such  one-fourth,  and 
no  such  devise  in  any  will  shall  be  valid  which,  shall  not  have  been  made  and 
executed  at  least  two  months  before  the  death  of  the  testator. 

Witnesses. — {See  Evidence.) 


IN.Y    M 


NEW  YORK. 


601 


ATTORNEYS    IN     NEW    YORK 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  population. 
F'igures  after  names  when  admitted  to  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (t)  our  Compiler  of  liaws. 
A  dagger  (t)  former  recommendations  withdrawn. 


PI.ACK. 

COUXTY. 

NAMES   OF     ATTOUNKYS. 

rOPULA  N 

Adams 

Jefferson 

I.  L.  Hunt,  .Ir. 

1,450 

Addison 

Steuben 

D.  M.  Darrin. 

3,000 

Aftoii 

Chenango 

George  A.  Haven. 

1,734 

Akron 

Erie 

W.  L.  Paxon. 

1,350 

rWM.  J.  HILLIS.  ^ 

Albany                    Albany                |  George  M.' Tme.  m^^^'  ^^'^^'^ 

L  25  N.  Pearl  Street. 

Albion                         Orleans                     George  Bullard.  5,000 

Amityville                   Suffolk                       Geo.  A.  Hooper.  1,063 

Amsterdam                  Montgomery             Hon.  Z.  S.  Westbrook.  16,000 

Angelica                      Allegany                   Richardson  &  Kobins.  750 

Antwerp                      Jefferson                   J.  C.  Trolan.  1,037 

Arcade                          Wyoming                  Knight  &  Barnes.  2,000 

Argyle                          Washington             J.  B.  Conway.  316 

Atliens                          Greene                       Chas.  E.  Nichols.  2,498 

Attica                           Wyoming                  Lorish  &  Stone.  3,090 

Auburn                        Cayuga                      H.  Price.  26,000 

An  Sable  Fork.'^          Essex                         T.  D.  Turnlmll.  2,000 

Avon                             Livingston                W.  S.  Newman.  1,617 

Babylon                        Suffolk                      John  R.  Reid.  2,750 

Jiaiiibridge                   Chenango                  H.  A.  Clarke.  1,200 

Ballston                       Saratoga                    J.  W.  Thompson.  3,011 

Batavia                        Genessee                    E.  C.  Walker.  7.500 

Bath                              Steuben                     J.  F.  Parkhurst.  3,500 

Belmont                      Allegany                   x\.  McXett.  1,200 

T.-     -L        J.              -n                         ^  Marshall  J.  Miller,  i7Qir 
Bmgbampton            Broome                   J      Correspondence  Solicited.      ^^'^^"^ 

IJolivar                         Allegany                   Chas.  H.  Brown.  2.500 

IJoonville                      Oneida                       Walter  Ballon.  1,677 

Brewster                      Putnam                     F.  S.  Barnum.  1,216 

Bridgehampton          Suffolk                       H.  P.  Hedges.  1,253 

Brockport                    Monroe                      J.  D.  Decker,  4,628 

Brooklyn.  Kings  County.  Population  566,689 

Clary,  John  A.,  26  Court  Street, 

Collections  and  Probate  matters  a  specialty. 
Ref.  Nat.  City  Bank  and  American  Wall  Paper  Mills. 
(See  Card  in  Appcndir,  page  xv. 

DRISCOLL.  WM.  J.,  220  S.  1st  Street. 
THOMPSON.  DANIEL  B.,  '66.  38  Court  Street, 
f  Pinckney,  Geo.   W..  26  Court  Street. 


G02 


NEW   YORK. 


Buffalo.  Ekie  County.  Population  300,000 

FAIRCHILD,  JOS.  L.,  o5  and  oG  Chapin  Block. 

♦Robinson,  Chas.  K.,  '70,  404  3Iain  Street, 

Aduiittecl  1870. — Collections  promptly  remitted. 

f  Osgoodby,  Geo.  M.,  400  Main  Street, 
t  Shelden,  James,  Jr.,  Hayen  Building-. 


PLACE, 

Cambridge 

Camden 

Canajoharie 

Canandaigua 

Canasei'aga 

Canastota 

Canton 

Cape  Vincent 

Carmel 

C'arthage 

Castile 

Catskill 

Cattaraugus 

Cazenovia 

Champlain 

Chatham 

Clayton 

Clinton 

Clifton  Springs 

Clyde 

Cobleskill 

Cohoes 

Cold  Spring 

Cooperstown 

Corning 

Cornwall 

Cornwall  on  the 

Cortland 

Coxsackie 

Cuba 

DansviHe 

Delhi 

Dundee 

Dunkirk 

East  New  York 

East  Aurora 

Elizabethtown 

EUenville 

Ellington 

Elmira 

Fairport 

Far  Rockaway 

Fishkill  Landiui. 

Flushing 

Fonda 

Fort  Edward 

Fort  Plain 

Frankfort 

Fredonia 


NAMES   OF  ATTOKNEYS. 


popula'n.. 


Washington 
Oneida 
Montgomery 
Ontario 
Allegany 
]\Iadison 
St.  Lawrence 
Jefferson 
Putnam 
Jefferson 
Wyoming 
Greene 
Cattaraugus 
Madison 
Clinton 
Columbia 
Jefferson 
Oneida 
Ontario 
Wayne 
Schoharie 
All)any 
Putnam 
Otsego 
Steuben 
Orange 
Hudson  Orange 
Cortland 
Greene 
Allegany 

liivingston 

Delaware 

Yates 

Chautaiujua 

Kings 

Erie 

Essex 

Ulster 

Cliautauqua 

Chemung 

jNIonroe 

Queens 

Dutchess 

Queens 

Montgomery 

Washington 

IVIontgomery 

Herkimer 

Cliautauqua 


AVcstfall  &  Whitcomb. 

George  F.  Morss. 

Cook  &  Barnes. 

EARL  W.  BOZARD,  '8(5. 

W.  C.  Windsor. 

GEORGE  N.  BAUDER,  '8,-) 

NELSON  L.  ROBINSON. 

M.  E.  Lee. 

C.  Ryder. 
A.  E.  Kirby. 
H.  W.  Smith. 
Wra,  E.  Bennett. 
Marsh  &  Rich. 
S.  T.  Fairchild. 
W.  H.  Dunn. 
Wm.  C.  Daley. 
H.  E.  Morse. 
•Jos.  S.  Avery. 

S.  C.  Olmstead. 

D.  L.  Stow. 
W.  C.  Lamont. 
•John  D.  Canavan. 

C.  H.  Ferris. 

E.  M.  Harris. 
A.  S.  Kendall. 

D.  E.  Sutherland. 
C.  H.  Fuller. 

J.  E.  WINSLOW,  '70. 

F.  H.  Brandow. 
S.  C.  Swift. 

j  Cbas.  H.  Rowe. 

t  RALPH  T.  WOOD,  TiO. 

J.  I.  Goodrich. 

.James  Spicer. 

CD.  Murray. 

E.  D.  Benedict. 
Chas.  W.  Merritt. 
Hand,  Kellogg  &  Hale. 

G.  G.  &  J.  B.  Keeler. 
Theo.  A.  Case. 

IL  C.  ROBERTSON. 
W.  S.  Hubbell. 
E.  J.  Healy. 
Wm.  Kent. 
H.  A.  Bogert. 
R.  H.  Cushney. 
ROBERT  O.  BASCOM. 
James  E.  Dewey. 
A.  C.  Dingman. 
]\[orris  &  Lambert. 


1,482 
1,589 
3.000 
r),727 
1,000 
1.800 
2,049 
1,361 
600 
3,000 
1,200 
4,500 
1,000 
2,000 
1,900 
1,765 
1,600 
1,236 
1,000 
2,726 
1,222 
19,417 
2,111 
2,600 
7,000 
1,200 
2,000 
6,000 
1,661 
1,351 

4.500 

2,000 
1,200 
8,000 
3,046 
3,300 
445 
2,750 
1,602 
25.000 
1,920 
3,000 
2,503 
6,230 
1,500 
2,988 
4,000 
1,300 
8,000 


NEW  YORK. 


60S 


PLACE. 

COUKTY. 

Fulton 

Oswego 

Geneseo 

Livingston 

Geneva 

Ontario 

Glen  Cove 

Queens 

Glen's  Falls 

Warren 

Gloversville 

Fulton 

Croslieii 

Orange 

Gouvemeur 

St.  Lawrence. 

Gowanda 

Chattaraugus 

Granville 

Washington 

Greenbush 

Rensselaer 

Greene 

Chenango 

Green  Island 

Albany 

Greenport 

Suffolk 

Greenwich 

Washington 

Hamburgh 

Erie 

Hamilton 

Madison 

Hammondsport 

Steuben 

Havana 

Schuyler 

Haverstraw 

Rockland 

Hempstead 

Queens 

Herkimer 

Ilerkimcr 

Hicksville 

Queens 

Highland 

Ulster 

Holley 

Orleans 

Homer 

Cortland 

Honeoge  Falls 

Monroe 

Homellsville 

Steuben 

Horseheads 

Chemung 

Hudson 

Columbia 

Huntington 

Suffolk 

Ilion 

Herkimer 

Ithaca 

Tompkins 

Jamaica 

Queens 

Jamestown 

Chautauqua 

Johnstown 

Fulton 

Keeseville 

Essex 

Kinderbrook 

Columbia 

Kingston  . 

Ulster 

Lancaster 

Erie 

Lansingbiirg 

Rensselaer 

Le  Roy 

Genesee 

Lima 

Livingston 

Little  Falls 

Herkimer 

Little  Valley 

Cattaraugus 

Lockport 

Niagara 

Long  Island  City 

Queens 

Lowville 

Lewis 

Lyons 

Wayne 

Malone 

FraTiklin 

-Maniaroneck 

AVestchester 

Marathorn 

Cortland 

Marlborough 

Ulster 

Matteawan 

Dutchess 

Mayville 

Chantau(iua 

IMechanicsvillc 

Saratoga 

NAMES   OF   ATTORNEYS.      POPULA'x. 


G.  S.  Piper. 

4,000 

James  Wood. 

2.00O 

Geo.  L.  Bachman. 

(i.r)0<.) 

E.  Cromwell. 

:j.70O 

M.  A.  Sheldon. 

lO.OOO 

Y,.  A.  Spencer. 

8,000 

Henry  Bacon. 

2,r,,-,T 

Chas.  Anthony. 

(i.OOO 

Wm.  Woodbury. 

l,24vj 

O.  F.  Thompson. 

1.60O 

.Tames  J.  Bennett. 

3,241 

Lester  Chase. 

1,500 

James  R.  Torrance. 

4,160 

B.  H.  Reeve. 

2.371 

Lourie  &  Gibson. 

1,231 

A.  Thorn. 

2.000 

D.  G.  Wellington. 

2,000 

Monroe  Wheeler. 

2,300 

Samuel  G.  Keeler. 

L274 

I.  Brown. 

3.506 

R.  A.  Davison. 

2,531 

Hon.  Samuel  Earl. 

2.351> 

L.  K.  Church. 

1.621 

W.  D.  Hasbrouck. 

1.52S 

W.  E.  Hobby. 

1.200 

F.  Pierce. 

3.500 

W.  H.  Dusenberry. 

1.50O 

Hon.  H.  Hakes. 

10.000 

Dailey  &  Bentley. 

•2.400 

Robert  E.  Andrews. 

s.TTJ) 

Hon.  Thos.  Young. 

2.438 

Thomas  Richardson. 

3.711 

Almy  &  Bouton. 

!),500 

W.  S.  Cogswell. 

3.1)22 

BOOTEY,  E.  R.. 

FOWLER.  J.  L  c^c 

S.52H 

WEEKS,  J.  L 

Smith  &  Nellis. 

7.000 

C.  F.  Tabor. 

2.1S1 

G.  S.  Collier. 

1.130 

John  E.  YanEtten. 

18.342 

John  L.  Romer. 

1,602 

Hyatt  &  Comstock. 

7,473 

R.  Ballard. 

3.000 

X.  W.  Clark. 

1.87S 

Geo.  A.  Harden. 

7.128 

+  //.  C.  nail. 

E.  A.  Nash. 

630 

L.  F.  tfe  G.  Bowcn. 

13.522 

A.  T.  Payne. 

17.117 

E.  S.  Merrill. 

3.000 

Wm.  Van  Martin. 

:;.S2() 

KELLAS  &  MUNSILL. 

6.O0O 

E.  F.  DeLancy 

1.826 

I.  L.  Little. 

i.onc, 

.lohn  Rusk. 

1,251) 

Samuel  K.  Phillips. 

4.411 

Van  !>usen  &  Martin. 

1.500 

J.  F.  Terry. 

2,000 

604 


NEW  YORK. 


PLACE.  COIXTY.        XAMES  OF  ATTOUNEYS.   POPULA  N. 

Medina                         Orleans                     8.  E.  Filkiiis.  4,500 

Mexico                          OsAVfgo                      Heo.  G.  Freiicli.  1,400 

Middlebur<;h                Schoharie                   I*.  S.  Daiiforth.  1,500 

Middletown                  ()i-aii.<;vj                        Chas.  (t.  Dill.  8,494 

Mohawk                       Herkimer                  -lanieis  B.  Rafter.  2,953 

Montgomery                 Oran<>e                        J.  M.  Wilkin.  1,000 

Monticello                   Sullivan                     Thornton  Niveii.  1,000 

Moravia                         Cayu<;a                       S.  E.  Day.  1,700 

Morrisville                   MadisDu                      Smith,  Kellogg-  &  Wells.  800 

Mt.  Morris                   Livingston                 H.  H.  Mcllay.  2,000 

Mt.  Venion                  Westchester             Hon.  I.  N.  Mills.  1,857 

Naples                         Ontario                     E.  B.  Pottle.  1,940 

Newark                        Wayne                       E.  K.  Burnliam.  3,000 

New  Berlin                  Chenango                  H.  H.  Harrington.  1,200 

New  Brighton             Richmond                 S.  D.  Stephens.  10,000 

Newburgh                   Orange                       D.  W.  Esmond.  18,095 

New  City                     Rockland                   F.  P.  Dewarest.  270 

New  Rochelle             Westchester             Chas.  H.  Noxon.  4,500 

New  York.      New  York  County.      Population.  1,306,590 

Bright,  A.  B.,  <!2  William  St. 

Browne,  Hy.  Huffman,  132  Nassau  St.     D  jes  general 
law  and  colleetinii  business.     Ret",  on  application. 

Butts,  Alex.  B.,  '74.  99  Nassau  St. 
DOYLE,  FRANK  A..  IGO  Fulton  St. 

*  Gibbons,  T.  Francis,  704  Broadway. 

t  Halbert  &  Millard,  99  Nassau  Street. 
Halbert,  N.  A., 
Millard,  W.  E. 

See  Card  in  Appendix,  page  xvi. 

Leggat,  Walter  R.,  3  and  9  Beekman  St. 

*  Shear,  Theo.  E.,  29  Wall  St. 

See  Card  in  Appendix,  lage  xvi. 

TERRY.  E.,  68  Wall  St. 
f  Anthony.  D.  E.,  Temple  Court, 
f  Bririht,  A.  B.,  62  William  St. 
t  Trmchrell,  L.  B..  24  Park  Place. 

A.  A.  Porter.  3.320 
N.  C.  Ackerly.                     '          1,068 

Geo.  W.  Ray.  6.000 

W.  J.  FLETCHER,  "SL  1,221 

F.  C.  Peck.  1.500 

Q.  McAdam.  3.881 

.Tames  &  llerriman.  10,340 

Boles  &  Waring.  8.000 

.L  F.  Tuttle.  7.000 

J.  H.  Keys.  4.000 

<s  Edwin  Allen.  g-  ^.^^ 

\  t  //.  C.  Benedict.  "•''""" 

ILxzleton  &  Avery.  750 

Clark  &  Clark.  5,52(5 

W.  R.  Mygatt.  2.0(M) 

R.  Townsend.  1.255 

H.  R.  Durfee.  2,800 

W.  M.  Smith.  2,208 

JESSE  L.  CASE.  255 


Niagra  Falls 

Niagra 

Northport 

Sufiblk 

Norwich 

Chenango 

Norwood 

St.  Lawrence 

Niinda 

Liviugst(m 

Nyack 

Rockland 

Ogdensburgh 

St.  Lawrence 

Clean 

(Cattaraugus 

Oneida 

Madison 

Oneonta 

Otsego 

Oswego 

Oswego 

Ovid 

Seneca 

Owego 

Tioga 

0.\ford 

('henango 

Oyster  Bay 

(Jueens 

Palmyra 

AVayuc 

Patchogue 

Sutt'olk 

Peconic 

Suftolk 

NEW  YORK. 


60.'> 


PLACK. 

COUNTY. 

NAMES    OF    ATTOUNKYS. 

ropui.A'x 

Peckskill 

AVestchcster 

C.  Ferris. 

5,742 

Penfield 

Monroe 

J.  H.  Chadsey. 

l,22r> 

Penn  Yaun 

Yates 

M.  A.  Lcarj'. 

4,500 

Perry 

Wyoming 

B.  C.  Roup. 

1,500 

Phelps 

Ontario 

S.  S.  Partridge. 

1.500 

Philmont 

Columbia 

II.  P.  Horton. 

1,343 

Phcenix 

Oswego 

C.  W.  Avery. 

1.7(iO 

Plattsburgh 

Clinton 

D.  F.  Dobic. 

5,24r> 

Port  Eryon 

Cayuga 

Chas.  R.  Berrv. 

2.100 

Port  Chester 

Westchester 

M.  Dillon. 

3,7!)S 

Port  Ileiiry 

Essex 

A.  B.  AValdo. 

2,522 

Port  Jefferson 

Suffork 

Thos.  J.  Ritch,  Jr. 

2,128 

Port  Jervis 

Orange 

O.  P.  Howell, 

7.753 

Port  Leyden 

Lewis 

W.  H.  Hilts. 

1,000 

Port  Richmond 

Richmond 

De  Groot,  Rawson  &  Stafford.    8,000 

Potsdam 

St.  Lawrence 

II.  L.  Knowles. 

3,000 

Pouglikeepsie 

Dutchess 

HOMER  C.  BRIGGS. 

20,207 

I^iilaski 

Oswego 

D.  A.  King. 

2.525 

Randolph 

Cattaraugus 

Henderson  &  Wentworth 

1,111 

Rhine  beck 

Dutchess 

A.  L.  Wager. 

1,561) 

Richburgh 

Allegany 

A.  B.  Rider. 

5,000 

Richfield  Springs 

Otsego 

E.  Gary. 

1,307 

Richmond 

Richmond 

N.  J.  Wyrth. 

1,000 

Riverhead 

Suff'olk 

T.  M.  Gritting. 

1,735 

Rochester 

3  [on roe 

<i  Fanning  &  Williams, 
'(              341  Powers  Block. 

8'J,30:'> 

Rockville  Centre 

Queens 

Geo.  Wallace. 

1,882 

Home 

Oneida 

B.  Beach. 

12,045 

Roundout 

Ulster 

P.  &  C.  F,  Cantive. 

10.128 

Rossville 

Richmond 

P.  C.  Ullman. 

1,050 

Rouse's  Point 

Clinton 

Geo.  Richards. 

1,500 

Sag  Harbor 

Suffolk 

Greene  &  Raynor. 

2,728 

Salamanca 

Cattaraugus 

A.  W.  STONE. 

4.000 

Salem 

Washington 

L.  Frazer. 

3,000 

Sandy  Hill 

Washington 

U.  G.  &  C.  R.  Paris. 

2,480 

St.  Johnsville 

Montgomery 

B.  A.  Ransom. 

2,04S 

Saugerties 

Ulster 

Chas.  Davis. 

10,375 

Saratoga  Springs 

Saratoga 

J.  W.  Crane. 

10,000 

Sayville 

Suffolk 

A.  Heyman. 

1,590 

Schaghticoke 

Rensselaer 

E.  Burlingame. 

3,500 

Schenectady 

Schenectady 

Hon.  J.  S.  Landon. 

15,370 

Schoharie 

Schoharie 

Krum  &  Grant. 

1,188 

Schuylersvillo 

Saratoga 

D.  S.  Potter. 

1,850 

Seneca  Falls 

Seneca 

Chas.  A.  Ilawley. 

7.000 

Sherman 

('hautaufiua 

G.  C.  VanDusen. 

1,72S 

Silver  Creek 

Chautau(iua 

G.  E.  Towne. 

1,500 

Sing  Sing 

AVestchester 

S.  Watson. 

7,578 

Stapleton 

Richmond 

Theo.  Frean. 

10,000 

Suspension  Bridge 

T^iagra 

T.  E.  Irving. 

2,477 

Syracuse. 


Onondaga  County. 


Population  05,122 


Smith,  r  John  E.,)  Kellogg,  (Clarence  V.)  &  *Wells,  (Edwin  M.,) 
50,  51  and  52  AVieting  Block. 

(SV'p  Cord  in  Ajipntdir,  jxir/c  xxlii. 
AVILSON,  C.  H.,  '76,  18  Syracuse  Savings  B'k  Bld'g. 
f  G.  11.  Sedgwick,  5  Granger  Block. 


Tarry  town 
Ticondcroga 


AA'esI  Chester 
Essex 


H.  C.  Griftin. 

R.  C.  Dornburgh. 


7,000 
1,775 


60G 


NEW  YORK. 


PLACE. 


COUXTT. 


NAMES  OF    ATTORNEYS.     POPULA'N. 


ToinpkinsvilU' 

Richmond 

N.  Marsh. 

3,000 

Toiiawanda 

Erie 

L.  L.  Wilson. 

10,000 

Tottenville 

Richmond 

W.  T.  Elliott. 

3,000 

Troy 

Rensselaer 

S  t  (r.  G.  Shrancler. 
I  L.  Smith. 

56,747 

Trumansburgli 

Tompkhis 

J.  D.  Smith. 

1,474 

Tnckahoe 

Westchester 

S.  D.  Gilford. 

2,000 

Union  Springs 

Cayuga 

R.  J.  Hoff. 
(  Henry  A.  Doolittle,  '78, 

1,210 

TJtica 

Oneida 

<                 90  Genesee  Street. 

33,913 

(            See  Card  in  Ajjpendix,  page 

xvi. 

Valatie 

Columbia 

A.  H.  Parrar. 

1,775 

Virgil 

Cortland 

{See  Cortland.) 

250 

Walden 

Orange 

I.  H.  Langhran. 

1,804 

Walton 

Delaware 

Fancher  &  Sewell 

1,600 

Wappinger's  Falls 

Dutchess 

J.  W.  Bartrum. 

5,000 

Warsaw 

Wyoming 

Hon.  B.  Healy. 

3,500 

AVarwick 

Orange 

J.  J.  Beattie. 

1,100 

Waterford 

Saratoga 

I.  C.  Ormsby. 

3,540 

Waterloo 

Seneca 

S.  G.  Hadley. 

5,000 

Watertown 

Jefferson 

L,  H.  Brown. 

12,000 

Watervillc 

Oneida 

F.  L.  Babbott. 

2,800 

Watkins 

Schuyler 

C.  J.  Baskin. 

3,500 

Waverly 

Tioga 

A.  G.  Allen. 

3,500 

AVeedsport 

Cayuga 

W.  J.  Cornwell. 

3,200 

Wellsville 

Allegany 

H.  L.  Jones. 

3,049 

Westchester 

Westchester 

S.  Baker. 

3,028 

Westfield 

Chautauqua 

H.  C.  &  C.  A.  Kingsbury. 

3,325 

West  New  Brighton  Richmond 

Geo.  Gallagher. 

3,292 

West  Troy 

Albany 

P.  A.  Rogers. 

8,820 

AVest  Winfield 

Herkimer 

L.  N.  Southworth. 

1,000 

AVhitehall 

Washington 

Potter  &  Lillie. 

4,370 

White  Plains 

AVestchester 

*  A.  J.Hyatt,  '52. 

2,882 

AVilliamstown 

Oswego 

E.  Dixon. 

1,210 

AViniield  Junction 

Queens 

Thos.  F.  McGowan. 

1,500 

AVolcott 

AVayne 

AVm.  Roe. 

2,000 

Yonkers 

Westchester 

ROBT.  P.  GETTY,  Jr.,  '83 

18,892 

BANKS  IN    NEW  YORK. 

Giving  the  name  of  town,  bank  .^nd  cashier,  and  amount  of  paid-up  capital  of  one 
banlt  in  each  county  of  this  state  in  whicli  sucli  a  banlcing  institution  is  located. 


PAID  UP 

PLACE. 

NAME   OF   BANK. 

CASHIER. 

CAPITAL. 

Albany 

National  Exchange  Bank 

J.  11.  Brooks. 

$500,000 

Albion 

Orleans  County  Nat  Bank 

E.  K.  Hart. 

100,000 

Batavia 

First  National  Bank. 

J.  L.  Bigelow. 

100,000 

Bath 

First  National  Bank. 

W.  AV.  Allen. 

100,000 

Bingham  ton 

First  National  Bank. 

John  Manier, 

200,000 

Brooklyn 

Brooklyn  Tiust  Co 

J.  II.  Curran,  Sec. 

600,000 

Buffalo 

Manufact'rs  &  Traders  Bank  Jas.  11.  Maddison. 

900,000 

NEW   YORK. 


607 


<Janamlai<rua 
('anton 
<J  a  nil  el 
Catskill 
Oooperstowii 
Corning 
('ortland 
Delhi 
Elmiia 
Fonda 
■Goshen 
Herkimer 
Hudson 
Ithaca 
.  Johustown 
Kingston 
Little  Falls 
Lockport 
Lowville 
Lyons 
^Malone 
^lonticello 
Morrisville 
INew  burgh 
New  York  City 
Norwich 
Oswego 
Ovid 
Owego 
Penn  Yan 
Plattsburgh 
Poughkeepsie 
Kochester 
Schenectady 
Syracuse 
Troy 
Utica 
Warsaw 
Waterloo 
Watertown 
Watkins 
White  Plains 


NAME   OF    BANK.  CASHIER. 

First  National  Bank  H.  B.  Ferguson. 

St  Lawrence  County  Bank  S.  D.  Kimball. 

Putnam  County  Nat  Bank  H.  Ryder. 

Catskill  National  Bank  H.  B.  Jlill. 

Second  National  Bank  B.  M.  Cady. 

First  National  Bank  O.  W.  Bump. 

First  National  Bank  E.  Keator. 

Bank  of  Delhi  W.  L.  Bell. 

Second  National  Bank  D.  M.  Pratt. 

Nat  Mohawk  River  Bank  J.  L.  Hees. 

Goshen  National  Bank  W.  M.  Murray. 

Herkimer  Ba'ik  M.  W.  Rasbach. 

Farmers'  National  Bank  C.  C.  Macy. 

First  National  Bank  Hemy  B.  Lord. 

First  National  Bank  Howland  Fish. 

Kingston  National  Bank  N.  E.  Broadliead. 
Nat  Herkimer  County  Bank  W.  G.  Milligan. 

National  Exchange  Bank  M.  A.  Nichols. 

Black  River  National  Bank  F.  S.  Easton. 


Lyons  National  Bank 

Farmers'  National  Baidv 

National  Union  Bank 

First  National  Bank 

Nat  Bank  of  Newburgh 

American  Exchange  Nat  Bk  E.  Burns. 

National  Bank  of  Norwich   H.  D.  Newton 

First  National  Bank  J.  D.  W,  Case 

Bk'gH.  of  LeRoycPartridgeJ.  B.  Thomas 


M.  C.  Tucker. 

W.  F.  Creed. 

E.  H.  Strong. 

B.  Thompkins. 

J.  J.  S.  McCroskerv. 


First  National  Bank 

First  National  Bank 

First  National  Bank 

Fall  Kill  National  Bank 

Flour  City  National  Bank 

Mohawk  National  Bank 

Third  National  Bank 

Troy  City  National  Bank 

Oneida  National  Bank 

Wyoming  Co  Nat  Bank 

First  National  Bank 

Jefferson  Co  National  Bank  S.  T.  Woolwortli. 

First  National  Bank  E.  S.  Payne. 

Central  B'k  of  W  Chester  Co.  H.  E.  Foster 


W.  S.  Truman. 
H.  K.  Armstrong. 
Charles  A.  Baker. 
John  F.  Hull, 
Wm.  Aug.  Waters. 
Cliarles  Thompson 
Geo.  S.  Leonard. 
Oscar  E.  Van  Zile. 
Robt.  S.  Williams. 
L.  H.  Humphrey. 
W.  L.  Mercer. 


PAID  UP 
CAPITAL. 

75,000 

50,000 
100,000 
150,000 
200,000 
100,000 
125,000 

75,000 
200,000 
100,000 
110,000 

75,000 
300,000 
250,000 
100,000 
150,000 
250,000 
150,000 

50,000 

00,000 
150,000 

50,000 
100,000 
800,000 
5,000,000 
125,000 
200,000 
100,000 
100.000 

50,000 
100,000 
400,000 

;joo,oo() 

100,000 
:500,000 

;}00,ooo 

400,000 
100,000 
100,000 
148,200 
50.000 
100,000 


STATE  OF 

NORTH   CAROLINA. 

SUMMARY   OF 

Collection    Laws. 

Court  Calendar,   Instkuctions  fok  taking  Depositions,  Legal  Fokms,  Etc. 

EXPRE&SLY    PREPARKD  AND  REVISED    TO   NOV.   Ist,  1887,  FOR  "  SHOWERS' 

Legal  Directory  and  Merchants'  Guide,"  for  1888,  by  John 
W.  Hinsdale  of  the  Fayetteville  &  Carthage  Bar. 

Acknowledgments. — May  be  taken  within  the  state  l>y  :iny  judge  or  clerk 
of  a  court  of  record,  or  any  justice  of  the  peace  or  notary  public.  In  other 
states,  by  any  commissioner  appointed  by  the  governor  of  this  state,  and 
clerks  of  courts  of  record  in  such  state,  and  in  foreign  countries  by  a  mayor 
or  other  chief  magistrate,  or  any  minister,  consul  or  commercial  agent  of  the 
United  States. 

Form  of  Acknowledgment  for  Husband  and   Wife. 

State  of  North  Carolina,  } 
County  op ^ " 

Before  me  (insert  name  and  title  of  officer)  this  day  personally  appeared 

,  and  his  wife, ,  parties  named  in  the  foregoing  deed,  and  the  said 

deed  being  also  ])roduced  and  exhibited  before  me,  the  same  and  his 

wife, ,  ackuowledged  the  execution  tliereof  as  their  act  and  deed  for  the 

purposes  therein  expressed,  and  the  said ,  being  by  me  privately  ex- 
amined, separate  and  apart  from  her  said  husband,  touching  her  vohuitary 
execution  of  the  same,  doth  state  that  she  signed  the  same  freely  and  volun- 
tarily and  without  fear  or  compulsion  of  her  .said  husband  or  any  <jther  per- 
son whatsoever,  and  doth  still  voluntarily  assent  thereto. 

In  witness  whereof,  I  have  set  my  hand  and  affixed  my  official  this day 

of ,  18 — .  {Signature  and  title  of  officer.) 

[L.    S.] 

Actions. — The  distinction  between  acticms  at  law  and  suits  in  cijuity  is 
abolished,  and  there  is  but  one  form  of  action,  and  that  is  denominated  a 
civil  action.  All  actions  in  the  superior  courts  nnist  be  commenced  by  the 
issuing  of  a  summons,  which  is  to  be  issued  liy  the  clerk  of  the  superior 
court,  at  the  instance  of  the  plaintiff.  Tiie  summons  must  be  signed  by  the 
clerk,  who,  before  issuing  it,  must  take  bond  with  sufficient  security  for  the 
prosecution  of  the  suit.  TIk;  successful  ]iarty  recovers  his  costs  and  dis- 
bursements. 

AflB.davitS. — Affidavits  to  be  used  iu  any  judicial  ^jroceeding  in  this  state, 
should  be  made  before  a  commissioner  of  affidavits,  duly  commissioned  by 
the  governor  thereof,  or  before  a  clerk  of  a  court  of  record  of  any  other 
state. 

[N.  Car.  1.] 


NORTH   CAROLINA.  609 

Administration.— 0/  /iste^es  of  Deceased  Persons. — The  clerk  of  the 
superior  court  of  each  county  has  jurisdiction  within  his  county,  to  take 
proof  of  wills  an<l  to  grant  letters  testamentary,  letters  of  adniiiiistratioii 
with  the  will  annexed  and  in  cases  of  intestacy,  in  the  followiuLj  eases  :  1. 
Where  the  decedent  at,  or  immediately  previous  to,  his  death  was  domiciled 
in  the  county  of  such  clerk,  in  whatever  place  such  death  may  have  hap- 
pened. 2.  Where  the  decedent  at  his  death  had  his  fi.xed  place  of  domicile 
in  more  than  one  county  the  clerk  of  any  such  county  has  jurisdiction.  3. 
Where  the  decedent,  not  being  domiciled  in  this  state,  died  ont  of  the  state, 
leaving  assets  in  the  county  of  such  clerk,  or  assets  of  such  decedent  there- 
after come  into  the  county  of  such  clerk.  4.  Where  the  decedent,  not  being 
domiciled  in  this  state,  died  in  the  county  of  such  clerk,  leaving  assets  in  the 
state,  or  assets  of  such  decedent  thereafter  come  into  tlie  state. 

The  clerk  who  first  gains  and  exercises  jurisdiction  under  this  chapter 
thereby  acquires  sole  and  exclusive  jurisdiction  over  the  decedent's  estate. 
Letters  of  administration,  in  case  of  intestacy,  shall  be  granted  to  the  per- 
sons entitled  thereto,  and  applying  for  the  same,  in  the  following  order: 

1.  To  the  husband  or  widow,  except  as  hereinafter  provided.  2.  To  the 
next  of  kin  in  the  order  of  their  degree,  where  they  are  of  different  degrees; 
if  of  equal  degree,  to  one  or  more  of  them,  at  the  discretion  of  the  clerk. 

3,  To  the  most  competent  creditor  who  resides  within  the  state,  and  proves 
his  debt  on  oath  before  the  clerk.     4.  To  any  person  legally  competent. 

The  clerk  shall  not  issue  letters  of  administration  to  any  person  who,  at 
the  time  of  appearing  to  qualify,  is: 

1.  Under  the  age  of  twenty-one  years.  2.  An  alien,  who  is  a  non-resident 
of  this  state.     3.  A  person  who  has  been  convicted  of  an  infamous  crime. 

4.  Who,  on  proof,  is  adjudged  by  the  clerk  incompetent  to  execute  thj 
duties  of  such  tiust,  by  reason  of  drunkenness,  improvidence  or  want  of 
understanding.  5.  Who  fails  to  take  the  oath  or  give  the  bond  required 
by  law. 

When  any  person  applies  for  administration,  and  any  other  person  has 
prior  right  tiiereto,  a  written  renunciation  of  the  person,  or  persons,  having 
such  prior  right,  must  be  produced  and  filed  with  the  clerk. 

Aliens. — May  take  by  purchase  or  decent  and  transmit  real  estate  whether 
they  are  residents  of  this  state  or  not. 

Appeals. — Appeals  may  be  taken  from  the  judgments  of  justices  of  the 
peace  to  the  superior  court,  from  the  probate  court  to  the  superior  court  and 
from  the  superior  court  to  the  supreme  court,  without  reference  to  the 
amounts  involved. 

Arrest  and  Bail. — A  defendant  may  be  arrested  at  the  commencement 
of  a  civil  action,  when  it  appears  by  affidavit,  or  otherwise  satisfactorily  to 
the  courti,  that  the  defendant  is  a  non-resident,  or  about  to  remove  from  this 
state,  or  the  action  is  for  the  recovery  of  damages  on  an  action  not  arising 
out  of  contract,  where  the  action  is  for  injury  to  person  or  character,  or  for 
wrongfully  taking,  detaining  or  converting  property.  2.  Where  the  action 
is  for  a  fine  or  penalty  ;  or  for  money  received,  or  for  property  embezzled ; 
or  fraudulently  misapplied  by  a  public  officer,  or  by  an  attorney,  or  an  offi- 
cer or  agent  of  a  corporation,  or  banking  association  in  the  course  of  his  em- 
ployment as  such  ;  or  by  any  factor,  agent,  broker,  or  other  person  in  a 
fiduciary  capacity,  or  for  any  mis«'onduct  in  official  or  professional  employ- 
ment. 3.  Where  the  action  is  to  recover  possession  of  personal  i)ropei"ty, 
unjustly  detained  ;  where  the  same  has  been  concealed,  removed  or  disposed 
of,  with  intent  to  prevent  recovery,  or  deprive  plaintilf  of  the  benefit  of  it. 
4.  Where  defendant  has  beeu  guilty  of  a  fraud  in  the  transaction.  5.  Where 
the  defendant  has  removed  or  disposed  of  his  property,  or  is  about  to  do  so, 
with  intent  to  defraud  his  creditors. 

.    No  female  can  be  arrested  in  any  civil  action,  except  for  a  wilful  injury  to 
person,  character  or  property. 
[N.  Gar.  2.] 


610  NORTH  CAROLINA. 

Assignments  and  Insolvency. — An  insolvent  debtor  may  be  discharged 
by  tiling  petition  and  making  assignments  of  property  to  a  trustee  for  benefit 
of  all  creditors.  But  his  subsequently  acquired  property  (not  exempt)  is 
liable  fur  the  satisfaction  of  his  debts.  No  creditor  not  having  received 
notice  is  bound  by  the  discharge.  Any  creditor  may  suggest  fraud,  and  on 
fraud  or  concealment  being  found  by  jury,  judgment  will  be  that  debtor  be 
imprisoned  until  a  full  and  fair  disclosure  of  all  his  money,  property  or 
effects  be  made.  Voluntary  assignments  are  only  good  against  creditors 
from  registrati(m.  A  debtor  may,  in  assignment,  prefer  one  creditor  to 
another. 

Attachment. — A  ^Yarrant  of  attachment  against  the  property  of  one  or 
more  defendants  in  an  action,  may  be  granted  upon  the  application  of  the 
plaintiff,  when  the  action  is  to  recover  a  sum  of  money  only,  or  damages  for 
one  or  more  of  the  following  causes  :  1.  Breach  of  contract,  express  or  im- 
plied. 2.  Wrongful  conversion  of  personal  property.  3.  Any  other  injury 
to  personal  property,  in  consequence  of  negligence,  fraud,  or  other  wrongful 
act. 

The  warrant  of  attachment  may  be  granted  to  accompany  the  summons, 
or  at  any  time  after  the  corninencement  of  the  actions.  Personal  service  of 
the  summons  must  be  made  upon  the  defendant  against  whose  property  the 
attachment  is  granted,  within  thirty  days  after  the  granting  thereof,  or  else 
upon  the  expiration  of  the  same  time,  service  of  summons  by  publication, 
must  be  commenced  pursuant  to  an  order  obtained  therefor,  and  if  publica- 
tion has  been,  or  is  tliereafter  commenced,  the  service  must  be  made  com- 
plete by  the  continuance  thereof. 

To  entitle  the  plaintiff  to  such  a  warrant,  he  must  show  by  affidavit  to  the 
satisfaction  of  the  court  granting  the  same,  as  follows  : 

1.  That  one  of  the  causes  of  action  above  specified  exists  against  the  de- 
fendant. If  the  action  is  to  recover  damages  for  breach  of  contract,  the  de- 
fendant must  show  that  the  plaintiff  is  entitled  to  recover  a  sum  stated 
therein,  over  and  above  all  counter-claims  known  to  him.  2.  That  the  de- 
fendant is  either  a  foreign  corporation,  or  nut  a  resident  of  the  state;  or,  if 
he  is  a  natural  person,  and  a  resident  of  the  state,  that  he  lias  departed 
therefrom,  with  intent  to  defraud  his  creditors,  or  to  avoid  service  of  sum- 
mons, or  keeps  himself  concealed  therein  with  like  intention ;  or,  if  the  de- 
fendant is  a  natural  person,  or  a  domestic  corporation,  that  he  or  it  has  re- 
moved, or  is  about  to  i-emove,  property  from  the  state,  with  intent  to  defraud 
his  or  its  creditors  ;  or  has  assigned,  dispo.sed  of,  or  secreted,  or  is  about  to 
assign,  disi)Ose  of,  or  secret  property  witli  the  like  intent. 

Before  issuing  the  warrant,  the  officer  issuing  the  same  shall  require  a 
written  undertaking  on  the  part  of  the  plaintiff,  with  sufficient  surety  to 
the  effect,  that  if  the  defendant  recover  judgment,  or  the  attachment  be  set 
aside  by  order  of  the  court,  the  plaintiff  will  pay  all  costs  that  may  be 
awarded  to  the  defendant,  and  all  damages  wliich  he  may  sustain  by  reason 
of  the  attaciiment,  not  excet^ding  the  sum  specified  in  the  undertaking, 
which  shall  be  at  least  two  hundied  dollars. 

Chattel  Mortgages.— It  is  a  misdemeanor  to  dispose  of  property  covered 
by  a  chattel  mortgage,  with  the  intent  to  defeat  the  mortgagee's  rights. 
Chattel  mortgages  are  not  valid  against  third  parties  until  registered  in  the 
county  where  the  mortgagor  resides,  or  in  case  the  mortgagor  does  not  re- 
side in  the  county  where  thecliattelsare  situate,  unless  they  consist  of  choses 
iu  action,  in  which  latter  the  mortgage  must  be  recorded  in  the  county  where 
the  martgagee  resides.  There  is  no  statute  requiring  their  renewal.  Chat- 
tel mortgages  may  be  foreclosed  by  a  suit  in  court  or  by  sale,  if  the  mortgage 
contain  a  power  of  sale. 

Claims  against  Decedents'  Estates.— The  debts  of  the  decedent  mu^t 

be  paid  ill  liie  following  order  :  v    i    .    i 


NORTH   CAROLINA.  611 

Wirst  Class. — Debts  whicli  b}'  law  have  a  specific;  lien  on  property  to  an 
amount  not  exceedini^  the  value  ot"  such  property. 

Second   Class. — Funeral  expenses. 

Third  Class. — Taxes  assessed  on  the  estate  of  the  deceased,  previous  to 
his  death. 

Fourt/i  Class. — Dues  to  the  United  States  and  to  the  state  of  North 
Carolina. 

Fifth  Class. — .Judgments  of  any  court  of  competent  jari.sdiction  within 
this  state,  docketed  and  in  force,  to  the  extent  to  which  they  are  a  lien  on  the 
property  of  the  deceased  at  his  death. 

Sixth  Class. — Wages  due  to  any  domestic  .servant  or  mechanical  or  agri- 
cultural laborer  employed  by  the  deceased,  which  claim  for  w.ages  shall  not 
extend  to  a  period  of  more  than  one  year  next  preceduig  the  death;  or  if 
such  servant  or  laborer  was  employed  for  the  year  current  at  the  decease, 
then  from  the  time  of  such  employment ;  for  medical  services  within  twelve 
months  preceding  the  decease. 

.  .Every  debt  must  be  paid  pro  rata,  equally  in  its  class.  No  executor,  ad- 
ministrator, or  collector  shall  give  to  any  debt  any  preference  whatever, 
either  by  paying  it  out  of  its  class  or  by  paying  thereon  an  undue  proportion 
in  its  class. 

No  property  or  assets  of  the  decedent  shall  bo  retained  by  the  executor, 
administrator  or  collector  in  satisfaction  of  his  own  debt,  in  preference  to 
others  of  the  same  class  ;  but  such  debt  must  bo  established  upon  the  same 
proof  and  paid  in  like  manner  and  order  as  required  by  law  in  caso  of  other 
debts. 

Every  executor,  administrator  and  collector,  within  twenty  days  after  the 
granting  of  letters,  shall  notify  all  j)ei-sons  having  claims  against  the  dece- 
dent, to  exhibit  the  same  to  such  executor,  administrator  or  collector,  at  or 
before  a  day  to  be  named  in  such  notice.  The  notice  shall  be  published  once 
a  week,  for  six  weeks  in  a  newspaper  (if  any  there  be)  ])ublished  in  the 
county,  provided,  that  the  cost  thereof  shall  in  no  case  exceed  two  dollars 
and  fifty  cents. 

In  an  action  brought  on  a  claim  which  was  not  presented  within  twelve 
months  from  the  first  publication  of  the  general  notice  to  creditors,  the  ex- 
ecutor, administrator  or  collector  shall  not  be  chargeable  for  any  assets  that 
he  may  have  paid  in  satisfaction  of  any  debts,  legacies  or  distributive  shares, 
before  such  action  was  commenced  ;  nor  shall  any  costs  be  recovered  in  such 
action  against  the  executor,  administrator  or  collector. 

Corporations. — Corporations  may  be  formed  under  the  general  statute, 
either  with  or  without  personal  liability  of  stockholders,  by  filing  and  re- 
cording a  plan  of  incorporation,  duly  signed  in  the  office  of  the  clerk  of  the 
superior  court.,  of  the  county  where  the  principal  office  of  the  company  is  to 
be  located.  They  may  also  be  created  by  a  special  act  of  the  legislature. 
Corporations  shall  continue  in  existence  tiiree  years  after  expiration  of  their 
charters  to  close  up  their  business.  For  this  purpose,  a  receiver  or  trustee  may 
be  appointed.  Every  contract  of  every  <;ori)oration,  by  whicli  a  liability  may 
be  incurred  by  the  company  exceeding  6100,  shall  be  in  writing,  and  either 
under  the  common-seal  of  the  corporation  or  signed  by  some  officer  of  the 
company  authorized  therett).  Deed  of  corporation  must  bo  signed  by  presi- 
dent and  two  other  members  of  tlu*  corporation. 

Courts.  — Jiirisdictioa  of : 

Supreme  Court. — This  court,  consisting  of  a  chief  justice  and  two  associ- 
ates, lias  jurisdiction  to  review  on  appeal  any  decision  of  the  courts  below, 
upon  any  matter  of  law  or  legal  inference,  and  to  decide  upon  appeal  ques- 
tions and  issues  of  fact  in  purely  equitable  causes. 

The  terms  of  supreme  court  arc  held  at  Raleigh  on  the  1st  Monday   in 
February  and  last  Monday  in  September. 
•    [N.Oal.4.1 


612  NORTH  CAROLINA. 

Si(perior  Courts. — The  superior  courts  have  jurisdiction  for  money  dejnand 
■where  the  principal  sum  demanded  exceeds  $200,  also  whenever  title  to  real 
estate  is  involved,  also  of  all  criminal  actions  in  which  the  punishment  may- 
exceed  a  fine  of  fifty  dollars  or  imprisonment  for  one  month. 

Justices^  Courts. — Justices  of  the  peace  have  jurisdiction  of  all  civil  actions, 
founded  on  contract  when  the  principal  of  the  sum  demanded  does  not  ex- 
ceed $300  ;  also  of  civil  actions  not  founded  on  contract  wherein  the  value  of 
the  property  in  dispute  does  not  exceed  $50.  They  are  always  open  for  busi- 
ness. 

Inferior  Courts,  may  be  established  by  the  magistrates  of  a  county  to  try 
petty  offences  ;  they  liave  no  civil  jurisdiction. 

Court  Calendar. — 

Chirf  Justice  Supreme  Court,  Morrison  R.  Waite,  of  Ohio.  Circuit  Judge,  Hugh  Ij'^ 
Bond,  of  Baltimore,  Md.     Clerk,  N.  J.  Riddick,  Rakngh,  N.  O. 

'Jerms.—At  Raleigh  1st  Monday  in  June  and  last  Monday  in  November. 

UNITED  STATES  DISTRICT  COURT. 

Eastern  District.— Judae,  Augustus  S.  Seymour,  of  New  Berne.  Attorney,  Fabins- 
H.  Busbce,  of  Raleigh.  Marshal,  V.  V.  Richardson,  Raleigh.  Clerks,  W.  C.  Brooks, 
Elizabeth  City  ;  R.  B.  Lehman,  New  Berne  .  W.  H.  Shaw,  Wilmington. 

Ti3rms.~At  Elizabeth  City,  8d  Mondays  in  April  and  October.  At  New  Berno  4th 
Mondays  in  April  and  October.  At  Wilmington  1st  Monday  after  4th  Monday  in 
April  and  October. 

Western  District.— Judf/r,  Robert  P.  Dick,  of  Greensboro.  Attorney/,  H.C.Jones, 
Charlotte.  Marshal,  David  Settle,  Greensboro.  Clerks,  Jf>hn  W.  Paine,  Greensboro ; 
James  K.  Reed,  Asheville;  H.  C.  Cowles,  Statesville  and  Charlotte. 

Terms. — District  and  Circuits  Courts.  At  Greensboro  1st  Mondays  in  April  and 
October.  At  Statesville  .Sd  Mondays  in  April  and  October.  At  Asheville  1st  Mon- 
days in  May  and  November.    At  Charlotte  2d  Mondays  in  June  and  December. 

SUPREME  COURT. 

Chief  Justice,  W.  N.  H.  Smith.  Associate  Justices,  A.  S.  Merriman  and  Thomas  P- 
Ashe.  Attorney  General,  Theodore  F.  Davidson.  Clerk,  T.  S.  Keran.  Marshai.,  Rob- 
ert H.  Bradley. 

Terms. — Jst  Alonday  in  February  and  last  Monday  in  Septeniber. 

SUPERIOR  COURTS. 
County.  County  Seat.     Dist.  When  held. 

Alamance  .  .   .Graham 5    1st.  ]SIon.  March,  11th  Mon.  after  1st  Mon.  March 

and  ;^d  Mon.  after  1st  Mon.  September. 

Alexander.  .  .  Taylorsville  .  .     11    oth  Mon.  before  1st  Mon.  March  and  September. 

Alleghany  .  .  .  Gap  Civil !)    od  Mon.  March  and  1st  Mon.  September. 

Anson Wadesboro  .  .  .       7    8th  Mon.  before  1st  Mon.  March,  1st  Mon.  Sept., 

each  to  be  for  the  trial  of  criminal  cases ;  8th. 
Mon.  after  1st  Mon  March,  12th  ]S'on.  after  1st 
Mon.  September,  each  to  be  for  th '  trial  of 
civil  cases  alone. 

Ashe JefTerson 10    4th  Mon.  March,  12th  Mon.  after  1st  Mon.  March, 

2d  Mon.  before  1st  Mon.  September. 

Beaufort.   .  .   .Washington.   .       1    M  Mon.  Ijefore  1st  Mon.  March,  to  be  for  the  trial 

of  civil  cases  alone,  except  jail  cases  on  the 
criminal  docket;  12th  Mon.  after  1st  Mon. 
March  and  Sept.,  each  to  continue  2  weeks. 

Bertie Windsor.   ...       2    8th  Mon.  after  1st  Mon.  March  and  September, 

each  to  (•ontinue  2  weeks,  and  on  the  4th  Monl 
before  1st  Mon.  March. 

Bladen Elizabethtown..      7    -"d  Mon.  March,  6th  Mon.  after  l.st  Mon.  Sept 

Brunswick. .  .   .  Smithville. ...       7    5th  Mon.  after  1st  Mon.  March  and  2d  Mon  .Sep. 

Buncombe.  .  .Asheville..  .   .     12    l.'ith  Mon.  after  1st   Mon.  Sept.,  15th  Mon.  aft<^r 

1st  Mon.  March,  each  to  continue  2  weeks  ;  2d 
Mon.  i\Iarch,ad  Mon.  before  1st  Mon.  Sept., 
each  to  continue  :i  weeks. 

Burke Morganton  .  .   .     10    1st  Mon.  March,  4th  Mon.  before  1st  Mon.  Sept.. 

e.ach  to  continue  2  weeks 

Cabarrus Concord S    8th  Mon.  after  1st  Mon.  March  and  Sept    5th 

Mon.  before  1st  Mon.  March,  the  fall  term  to 
be  for  the  trial  of  criminal  cases  and  such  civil 
cases  .as  do  not  require  a  jury;  the  .lanuary 
term  to  be  ff)r  the  trial  of  civil  cases  alone, 
except  jail  cases  on  the  criminal  docket  whero 
a  true  bill  has  been  found,  but  civil  proces.n 
may  be  returnable  to  all  of  said  terms. 

iN.  Car.5.} 


NORTH   CAROMNA. 


613 


Couny. 

County  Seat. 

Dist 

Caldwell  .  .  . 
•Camden  .  .  . 
•Carteret.  .  .  . 
Caswell  .  . .  . 

.  Lenoir  .... 
.  Camden  C.  H. 
.  Beaufort  .  .   . 
.  Yuncyville  .  . 

.      10 
1 

.     c 

5 

■Catawba  .  .  . 

.  Newton .... 

.      11 

•Chatham. .  .  . 

.  Pittsboro  .  .  . 

5 

Cherokee  . .  . 

.  Murphy.  .  .   . 

12 

<'howan   .  .  . 
Clay 

.  Eden  ton  .  .   . 
.  Hayesville. .  . 

1 
12 

Cleveland  .  . 

.  Shelby  .... 

11 

Colombus.  .  . 

.  Whitesville.  . 

7 

Ci-aven  .... 

.  New  Berne. .  . 

2 

Oimberland  . 

.  Fuyetteville  .  . 

7 

Currituck.  . 
l>avidson . . 

.  Currituck  C.  H.. 
.  Lexington  .  .   . 

1 

8 

Davie  .... 

.  Mocksville.. .  . 

9 

I>are 

Duplin  .  .  . 

.  Manteo 

.  Kenansville  .  . 

1 
6 

I>urham  .  . 

.  Durham  .... 

5 

Kdgeoombe.  . 

.  Tarboro 

2 

Forsythe. . .  . 

.  Winston  .... 

9 

Franklin. . .  . 

.  Louisburg  .  .  . 

;} 

aaston  .  .  .  . 

.  Dallas 

11 

(fates. 

Clraham.  .  .   . 

.  Gatesville.  .  .  . 
.  Robinsville   .  . 

1 

12 

Granville..  .  . 

.  Oxford 

5 

Greene .  .  .  . 

.  Snow  Hill.  .  .   . 

3 

Guilford  .   .  . 

.  Greensboro.  .  . 

6 

HaliCas . .  .  . 

.  Halifax 

2 

Harnett  .  . 

Haywood . . 

Henderson 

Hertford  .  . 

Hyde..  .  . 
[N.  Car.  6.] 


.  Lillington  .  .  . 
,  Wayncsville. .  . 

Henderson  vi  He. 
,  Winton 

Swan  Quarter  . 


lVhe7i  held. 
3d  Mon.  Marfh  and  1st  Mon.  September. 

2d  Mon   Mai'chand  Heptenibr. 

3d  Mon.  Maroli,  7th  Mon.  alter  lat  Mon.  Sept. 

otli  Mon.  after  tlie  1st  Mon.  in  March,  3d.  Mon. 
bofuro  the  tirst  Mon.  in  Sept ,  loth.  Mun.  after 
tlio  1st  Mon.  in  September. 
7tli  Mon.  before  1st  Mon.  March  and  September 
each  to  continue  2  weeks. 

3d  Mon.  before  1st  Mon.  March,  i'tli  Mon.  after 
1st  Mon.  March,  4th  Mon.  after  l.st  Mon.  Sept., 
the  last  term  to  continue  2  weeks. 

11th  Mon.  alter  1st  Mon.  March,  6th  Mon.  after 
1st  Mon.  Sept.,  each  to  continue  2  weeks. 

4lh  Mon.  after  ist  Mon.  March  and  September. 

10th  Mon.  after  1st  Mon.  March,  oth  Mon.  after 
1st  Mon.  September. 

5th  Mon.  after  1st  Mon.  March,  4th  Mon.  before 
1st  Mon.  September,  eadi  to  continue  2  weeks  ; 
7tli  Mon.  alter  1st  Mon.  September. 

7th  INIon.  before  1st  Mon.  March,  4th  Mon.  after 
1st  Mon.  in  March,  5th  Mon.  before  1st  Mon. 
September. 

12th  Mon.  after  1st  Mon.  March  and  September, 
3d  Mon.  before  1st  Mon.  March,  each  to  con- 
tinue 2  weeks,  and  the  last  to  be  for  the  trial  of 
civil  (•ases  alone. 

6th  Mon.  before  1st  Mon.  March,  6th  Mon.  be- 
fore 1st  Mon.  Sept.,  each  to  be  for  the  trial  of 
criminal  cases  ;  9th  Mon.  after  1st  Mon.  March, 
10th  Mon.  after  1st  Mon.  Sept.,  the  last  2  terms 
to  continue  2  weeks,  and  to  be  for  the  trial  of 
civil  cases  alone. 

1st  Mon.  March  and  September. 

1st  Mon.  March  and  Sept.,  each  to  continue  2 
weeks  ;  13tli  Mon.  after  1st  Mon.  March,  Sept. 

4th  Mon.  after  1st  Mon.  March,  5th  Mon.  after  1st 
Mon.  September,  each  to  continue  2  weeks. 

9th  Mon.  after  1st  Mon.  March  and  September. 

3d  Mon.  before  1st  Mon.  in  March,  l2tli  Mon. 
after  1st  Mon.  September,  eacli  to  continue  2 
weeks;  1st  Mon.  September. 

Tth  Mon.  l>efore  tlie  1st  Mon.  in  March  ;  3d  Mon. 
after  the  1st  Mon.  in  March;  13tli  Mon.  after 
the  1st  M(m.  in  Marcli ;  6th  Mon.  after  the  1st 
in  Septemi)er, 

6tli  Mon.  after.lst  Mon.  March,  September,  each 
to  continue  2  weeks. 

4th  Mon.  before  1st  Mon.  March,  11th  Mon.  after 
1st  Mon.  Marcli,  7th  Mon.  after  1st  Mon.  Sept., 
each  to  continue  2  weeks. 

6th  Mon.  before  the  Is  I  Mon.  in  March,  6th  Mon. 
after  the  1st  Mon.  in  March,  each  to  continue 
2  weeks  •  10th  Mon.  after  the  1st  Mon.  in  Sept. 

3d  Mon.  March,  5th  Mon.  after  1st  Mon.  Sep- 
tember, each  to  continue  2  weeks. 

5th  Mon  after  1st  Mon.  March  and  September. 

l;',th  Mon.  after  1st  Mon.  March,  8th  Mon.  after 
1st  Mon.  September. 

5th  Mon.  before  1st  Mon.  March,  7th  Mon  after 
1st  Mon.  March,  2d  Mon.  September,  12tli  Mon. 
aflor  1st  Mon.  Sept.,  each  to  continue  2  weeks. 

4tli  jNIon.  after  Isl  Mon.  March  and  September, 
each  to  continue  2  weeks. 

2d  Mon.  before  1st  Mon  March,  12th  Mon.  after 
1st  Mon.  March,  1st  Mon.  before  1st  Mon.  Sept , 
1  Ith  Mon.  after  1st  Mon.  September. 

8th  Mon  before  1st  Mon.  Mar.,  to  be  for  the  trial 
of  civil  cases  alone  ;  1st  Mon.  March  to  be  for 
the  trial  of  civil  cases  alone,  except  jail  cases 
on  the  criminal  docket;  10th  Mon.  after  1st 
Mon.  Marcli,  Sept.,  each  to  continue  2  weeks. 

4tli  Mon.  before  1st  Mon.  March  and  September. 
12th  Mon.  after  1st  Mon.  Sei)fenil)er. 

5th  Mon.  after  1st.  Mon  Marcii.  2d  Mon.  Sep- 
temi)er,  each  to  continue  2  weeks. 

3d  Mon.  before  Ist  Mon.  March,  7th  Mon.  before 
Ist  Mon.  September,  each  to  continue  3  weeks. 

Gtli  Mon  after  1st  Mon.  Marcli,  September,  15th 
Mon.  after  ,st  Mon.  March. 

10th  Mon.  after  1st  Mon.  March  and  September. 


614 


NORTH  CAROLINA. 


County.  County  Seat. 

Iredell Statesville  . 

Jackson Webster  .  .  . 

Johnston  ....  Bmithfield  . 

Jones Trenton   .  . 

J^noir Kinston   .   . 

Lincoln Lineolnton  . 

McDowell   .  .  .Marlon..  .. 

Macon Franklin  .  . 

Madison  ....  Marshall  ,   . 


Martin Williamson 


Mecklenburgh  .Charlotte.. 


Mitchell  .  .  . 
Montgomery.. 
Moore 


Nash 

New  Hanover 


Bakersville. 

Troy 

,  Carthage  .  . 

.  Nashville. . 
,  Wilmington 


Randolph.  .   . 
Richmond  .  . 


Robeson  .   .   . 

Rockingham. 
Rowan .   .   .   . 


Dist 

8 


Rutherford  .  . 
Sampson. . .   . 


Northampton  .  Jackson 2 


Onslow Jacksonville  .  .  6 

Orange Hillsborough    .  5 

Pamlico   ....  Stonewall   ...  1 
Pasquotank  .   .  Elizabeth  City.. 

Pender liurgaw 6 

Perquimmans.  .Hertford  ....  1 

Person Roxboro  ....  5 

Pitt Greenville  ...  3 


Polk. Columbus. 


Ashboro  ....       8 
Rockingham  .  .       7 


Lumberton ...  7 

,  Wentworth   .  .  9 

Salisbury  ....  8 

.  Rutherford  ton..  11 

Clinton 6 


When  held. 
4th  Mon.  before   Ist  Mou.  March,  September, 

nth  Mon.  after  l.st  Mon.  March,  !)th  Mon.  after  , 

1st  Mon.  September,  each  to  continue  '2,  weeks. 
7th  Mon.  after  1st  Mon.  Marcli,  to  continue  2 

weeks  ;  4th  Mon.  September. 
3d  Mon.  before  1st  Mon.  M;'.rch,  Sept.,  10th  Mon. 

after  1st  Mon  Sept.,  each  to  continue  2  weeks. 
4th  Mon.  March,  8th  Mon.  after  1st  Mon.  Sept. 
4th  Mon.  before  1st  Mou.  March,  2d  Mon.  before 

1st  Mon.  Sept..  10th  Mon.  after  1st  Mon.  Sept., 

the  last  two  terms  to  continue  2  weeks. 
4tli  Mon.  after  l.st  Mon.  March  and  September. 
10th  Mon.  after  1st  Mon.  March,  oth  Mon.  after 

1st  Mon.  September,  each  to  continue  2  weelcs. 
9th  Mon.  after  1st  Mon.  March,  4th  Mon.  after  l.st 

Mf)n.  September. 
1st  Mon.  before  1st  Mon.  March,  oth  Mon.  before 

1st  Mon.  Sept.,  11th  Mon.  after  1st  Mon.  Sept., 

each  to  continue  2  weeks,  and  the  last  term  to 

be  for  the  trial  of  civil  cases  alone. 
1st  Mon.  March,  Sept.,  ir>th  Mon.  after  1st  Mon. 

Sept.,  each  to  continue  2  weeks,  and  the  last 

term  to  be  for  the  trial  of  civil  cases  aloue, 

except  jail  cases  on  the  criminal  docket. 
1st  Mon.  before  1st  Mon.  March  and  September, 

each  to  continue  3  weeks,  and  to  be  for  the 

trial  of  civil  ca-ses  alone. 
6th  Mon.  after  1st  Mon.  March,  2d  Mon.  Septem- 
ber, each  to  continue  2  weeks. 
4th  Mon.  after  1st  Mon.  March  and  September, 

the  latter  term  to  continue  2  weeks. 
6th  Mon.  after  1st  Mon.  March,  3d  Mon.  before 

1st  Mon.  September,  7th  Mon.  after  1st  Mon.  . 

September,  each  to  continue  2  weeks 
8th  Mon.  after  1st  Jlon.  March,  11th  ^lon.  after 

the  1st  Mon.  Sept.,  each  to  continue  2  weeks. 
6th  Mon.  before  1st  Mon.  March,  6th  Mon.  after 

1st  Mon.  March,  od  M<m.  after  1st  Mon.  Se}> 

tember,  each  to  continue  2  weeks  and  to  be  for 

tlie  trial  of  civil  cases  alone. 
6th  Mon.  before  1st  Mon.  March,  to  be  for  the 

trial  of  civil  cases  alone,  except  jail  cases  on 

the  criminal  docket;  4tli  Mon.  after  1st  Mon. 

March,  Sept.,  each  to  continue  2  weeks, 
4th  Mon.  after  1st  Mon,  March,  9th  Mon.  after  1st 

Mon.  September. 
2d  ISlon.  after  1st  Mon.  March,  4th  Mon.  before 

1st  Mon.  Sept.,  Oth  Mon.  after  1st  Mon.  Sept. 
11th  Mon.  after  1st  Mon.  March  and  September, 
.'id  Mon.  Mar.,  Sep.,  1 1th  Mon.  after  1st  Mon.  Mar. 
1st  ]Mon.  before  1st  Mon.  March,  9th  Mon.  after 

1st  Mon.  March,  2d  Mon.  September. 
4tli  Mon.  March  and  September. 
Cth  Mon.  after  1st  Mon.  March,  2d  Mon.  before 

1st  Mon.  Sept.,  11th  Mon.  after  1st  Mon.  Sept. 
Sth   Mon.  before  1st  Mon.   March,  for   trial  of 

criminal  cases  alone;  2d  Mon.  after  1st  Mon. 

Mach,  Sept.,  14th  Mon.  after  1st  Mon.  in  March. 

for  the  trial  of  civil  cases  alone,  each  to  con- 
tinue 2  weeks. 
9th  Mon.  after  1st  Mon.  March,  10th  Mon.  after 

1st  Mon.  September, 
od  Mon.  March,  Sept.,  each  to  continue  2  weeks. 
.')d  IMon.  before  1st  Mon,  iMurch,  od  Mon.  Sept., 

each  to  continue  2  weeks;  l:;th  Mon.  after  1st 

Mon.  March,  13th  Mon.  after  1st  Mon.  Sept. 
Sth  Mon.  before  1st  Mon.  INfar.h,  Ilth  Mon.  after 

1st  Mon.  March, 2d  Mon.  before  1st  Mon.  Sept., 

4th  Mon.  after  1st  Mon.  Sept.,  each  to  continue 

2  week.s. 
6th  Mon.  before  1st  Mon.  March,  Sept.,  each  to 

continue  2  weeks;  9th  Mon.  afterlst  Mon.  Sep. 
2d  Mon.  before  1st  Mon.  JNIarch,  Sept.,  9th  Mou. 

after  1st  Mon.  Mar.,-h,  11th  Mon.  after  1st  Mon. 

September,  eich  to  continue  2  weeks. 
7th  ]\I()n.  afterlst    Mon.  March,  Sth  Mon.  aft«r 

1st  Mon.  Soptembor,  each  to  continue  2  weeks. 
1st  Mon.  before  1st  Mon.  March,  to  be  for  the  trio  1 

of  civil  cases  alone ; '5th  Mon.  afler  1st  Mon. 

Sept.,  each  to  confine  2  weeks  ;  8th  Mon.  after 

1st  Mon.  March,  14th  Mon.  after  1st  Mon.  Sept. 

[N.  Cal.  7.]. 


NORTH  CAROLINA. 


615 


Ojunly.  County  Seal. 

Stanley Albemarle  .  , 

Stokes Danbury. .  . 

Burry Dobson .... 

Rwaln Charl(!Ston. .  . 

Transylvania.  .  Brovarilo  .  .  . 

Tj'rrel fjolunihia.  .   , 

Union Monroe  ... 

"Vance Henderson..  , 

Wake Raleigh ... 


/>!,■;'. 


When  lir'cL 


Warren \\'arrf;nton.. 

Washington  .   .  Plymouth  . 
Watauga Boone..   .  . 

Wayne Goldsboro  . 

Wilkes Wilkesboro. 

Wilsfin Wilson  .   .   . 


Yadkin Yadklnsvllle. 

Yanfpy Burnsville  .   . 


8  6th  Mon. after  kst  Mon.  March,  (Ith  Mon  nftcr  1st 

Mori.  Sept ,  the  latter  Icnn  to  contir.nn  2  weeks. 

9  Cth  Mon.  after  1st  Mon.  Mr.icli,  Ith  Mon.  Ijcforo 

1st  Mon.  Sept.,  lOtli  Mon.  after  1st  Mon.  (Sept., 
the  August  term  to  continue  2  weeks 

S    7th  Mon.  after  1st  Mori.  Mr.reh,  t'd  Mon.  beforo 

1st.  Mon.  Sept.,  lltli  Mon.  i.ft.r  1st.  Jlon.Scpt., 

tho  August  term  to  continue  2  \'.eclvs. 

12    lllh  iSlon.after  1st  ISIoii.  March,  ill  h  Mon.  after  1st 

Mon  (Sept.,  tlio  last  tcm  1.)  continue  2  weeks. 

12    1th  Mon.  after  1st  Mon.  JMiUvli,  ist   JMon.  Kept. 

1    8th  Mon.  after  Isl.  Mon.  Ahuch  and  Scpt<!mber. 
11    -Itli  Mon.  befoi'e  1st  Mon.  March,  ta  coiiliniie  :'. 
weeks;  .'id  Mon  SejU., tocontinuc'2 week-jjand 
1st  week  of  each  term  to  be  for  the  trial  ol 
criminal  cases  alone. 

."?  2d  Mon.  before  ]:;t  Mon.  March,  11  Mon.  after  1st 
Mon.  March.  (!th  Mon.  after  1st  Mon.  .Septem- 
ber, each  to  continue  2  m'ccIvS 

i  8th  Mon.  before  1st  Mon.  ^March,  Sept.,  4th.Mon. 
March,  Sept.,  each  to  continue  2  weeks  and  to 
be  for  the  trial  of  criminal  cases,  and  no  origi- 
nal and  final  civil  process  to  be  returnable  to 
said  tcrm.s;  1st  Mon.  before  1st  M(m.  March 
and  Sept.,  each  to  continue  2  MX'el^s;  7th  Mon. 
after  1st  Alon.  March,  Sept.,  each  to  continue 
3  weeks,  the  last  4  terms  to  be  for  the  trial  of 
civil  ca.ses  alone.  Ch.  ],I>aws  1872-.'>,  Ch.  ?.07, 
Laws  ]87i»,  and  acts  amendatory  of  the  same 
are  herel).v  repealed. 
3d  Mon.  Marcli,  Sept.,  each  to  continue  2  weeks. 

1    7th  iMon.  after  1st  Mon.  March  and  September. 
10    5th  Mon.  after  1st  Mon.  March,  loth  Mon.  after 
1st  Mon.  March,  1st  Mon.  before  1st  Mon.  Sept. 

4  5th  Mon.  before  1st  Mon.  March,  Sept ,  2d  Mon. 
Marcli,  Sept.,  each  to  continue  2  weeks;  Oth 
Mon.  after  1st  Mon.  March,  Sept.,  the  last  2  to 
be  for  tlio  trial  of  civil  ca.ses  alone. 

9  1st  Mon.  March,  2d  Mon.  Sept.,  each  to  continue 
2  weeks. 

3  4th  Mon.  before  1st.  Mon.  March,  to  be  for  the 
trial  of  civil  cases  alone,  <'.xc<!pt  jail  ca.ses  on 
tlio  criminal  docket,  to  continue  2  weeics  ;  ISth 
Mon.  after  1st  Mon.  M.-ircli,  to  Cfjntinue  one 
week;  8th  >ron.  after  1st  Mon.  .Sept.,  each  to 
c<mtinue  2  weeks. 

9    2d  Mon.  before  1st  ]Mon.  Mar<-h,  Itb  Mon.  Sept.. 

each  to  cr<ntinue  2  weeks. 
10    8th   Mon.aff'-T    st  Mon.  March,  4th  Mon.  Sept.. 
each  to  continue  2  weelts. 


Deeds. — {See  Form  nf  Acknofrkdrjmenl.) — T^o  conveyance  of  land  .shan 
be  good  and  available  in  law  unlcs.s  Iho  f  ame  shall  be  ackno^  ledq;ed  or  proved 
and  registered  in  the  county  Vv- he  re  the  l.md  lies;an'i  all  doed.s  so  execute, 
and  registered  shall  be  valid,  and  pas.s  estate  in  land  without  livery  of  seizin, 
attornment,  or  other  ceremony  whatever.  An  instniment  for  the  conveyance  of 
land  no  longer  requires  seal  in  this  state,  and  the  word  heirs  is  not  necessarv 
to  convey  a  fee  simple.  If  the  deed  convey  husband's  lands,  it  should  contain 
a  clause  releasing  dower  by  the  wife. 


Descent  and  Distribution. — When  any  person  shall  die  seized  of  any 
inheritance,  or  of  any  right  thereof,  or  entitled  to  any  interest  therein, 
not  having  devised  the  same;,  it  shall  descend  tinder  the  following  rules  :  1st. 
Every  inheritance  shall  lineally  descend  forevcsr  to  the  issue  of  the  i)erRon  who 
died  last  seized,  entitled  or  having  any  intere.'^t  therein,  but  shall  not  lineally 
ascend,  except  as  hereinafter  jirovidcd  ;  2nd.  Females  shall  inherit  equally 
to  males,  and  younger  with  older  children  ;  3rd.  Tl'.e  lineal  descendants  of 
any  person  deceased  shall  represt!nt  their  ancestor,  and  stand  in  same  place 
as  the  person  himself  would  have  done  had  he  been  living;  4th.  On  failure 
of  lineal  descendants,  and  v.dieni  inheritance!  has  been  transmitted  bj'  descent 
from  an  ancestor  or  has  been  derived  by  gift,  devise,  or  settlement  from  a-i 
ancestor,  to  whom  the  person  thus  advanced  would,  in  the  event  of  such 

[N.  Car.  8.] 


616  NORTH  CAROLINA. 

ancestor's  death,  have  been  the  heir  or  one  of  the  heirs,  the  inheritance  shall 
descend  to  the  next  collateral  relations,  capable  of  inheritance,  of  the  person 
last  seized,  who  were  of  the  blood  of  the  ancestor,  subject  to  the  two  pre- 
ceding rules  ;  otli.  On  failure  of  lineal  descendants,  where  the  inheritance 
has  not  been  transmitted  by  descent  or  derived  as  aforesaid  from  an  ancestor, 
or  where,  if  not  so  transmitted  or  derived,  the  blood  of  such  ancestor  is  ex- 
tinct, the  inheritance  siiall  descend  to  the  next  coUatei-al  relation  capable  of 
inheritance,  of  the  jjcrson  last  seized,  whether  of  tlie  paternal  or  maternal 
line,  subject  to  the  second  and  third  rules:  0th.  Collateral  relation  of  half 
blood  shall  inlierit  equally  witli  those  of  the  wliole  blood,  and  the  degrees  of 
relationship  shall  bo  computed  according  to  the  rules  which  prevail  in 
descents  at  common  law,  provided,  that  in  all  cases  where  the  persons  last 
seized  shall  have  left  no  issue  capable  of  inheritance,  or  brother  or  sister,  or 
issue  of  such,  the  inheritance  shall  vest  in  the  father  if  living,  if  not,  in  the 
mother  if  living  ;  7th.  No  inheritance  shall  descend  to  any  person,  as  heir  of 
the  person  last  seized,  unless  such  person  sliall  be  in  life  at  the  death  of  the 
person  last  seized,  or  shall  be  born  in  ten  lunar  months  after  death  of  the 
l^erson  last  seized ;  8th.  When  any  person  shall  die,  leaving  none  who  can 
claim  as  heir  to  him,  liis  widow  shall  be  deemed  his  heir,  and  as  such  shall 
inherit  his  estate  ;  9th.  When  there  shall  be  no  legitimate  issue,  every  illegit- 
imate child  of  the  mother,and  the  descendant  of  any  such  child  if  deceased, 
shall  be  considered  an  heir,  and  as  such  shall  inherit  Iier  estate,  but  such  child 
or  descendant  sliall  not  be  allowed  to  claim  as  representing  such  mother,  any 
part  of  the  estate  of  her  kindred,  either  lineal  or  collateral  ;  10th.  Illegitimate 
children  shall  be  considered  legitimate  as  between  themselves  and  their 
representatives,  and  tlieir  estates  shall  descend  accordingly  in  the  same  man- 
ner as  if  they  liad  been  born  in  wedlock.  And  in  case  of  the  death  of  any 
such  child  or  his  issue,  without  leaving  issue,  his  estate  shall  descend  to  such 
person  as  would  inherit,  if  all  such  children  had  been  born  in  wedlock:  pro- 
vided, that  when  any  illegitimate  child  shall  die  without  issue,  his  inheritance 
shall  vest  in  the  mother,  in  the  same  manner  as  it  is  provided  in  rule  six  ; 
1 1th.  Every  estate  for  the  life  of  another,  not  devised,  shall  be  deemed  an 
inheritance  of  the  deceased  owner  ;  12th.  Every  ijerson,  in  whom  a  seizin  is 
required  by  any  of  these  provisions  shall  be  deemed  to  have  been  seized,  if 
he  may  have  had  any  right,  title  or  interest  in  the  inheritance  ;  loth.  The 
children  of  colored  parents,  born  at  anytime  before  the  first  day  of  January, 
one  thousand  eight  hundred  and  sixty-eight,  of  persons  living  together  as 
man  and  wife,  are  hereby  declared  legitimate  children  of  such  parents  or 
either  of  tliom,  with  all  the  rights  of  heirs  at  law  and  next  of  kin,  with  re- 
spect to  the  estate  or  estates  of  any  such  parents,  or  either  of  them.  The 
surplus  of  the  estate,  in  case  of  intestacy,  shall  be  distributed  in  the  follow- 
ing manner,  except  as  hereinafter  provided. 

1st.  If  there  are  more  than  two  children,  one-third  part  to  the  widow  of 
the  intestate,  and  all  the  residue  by  equal  portions  to  and  among  the  children 
of  the  intestate,  and  such  persons  legally  represent  such  children  as  may  then 
be  dead;  2nd.  If  there  are  more  than  two  children,  then  the  widow  shall 
share  e(iually  with  tlie  children  and  be  entitled  to  a  child'spart ;  Srd.  If  there 
be  no  child  nor  legal  representative  of  a  deceased  child,  then  one-half  of  the 
estate  sliall  be  allotted  to  the  widow,  and  the  residue  be  distributed  to  every 
of  the  next  kin  to  the  intestate,  who  are  in  equal  degree,  and  to  these  who 
legally  represent  them  ;  4th.  If  there  be  no  widow,  the  estate  shall  be  dis- 
tributed, by  equal  i)ortions,  among  all  the  children  and  such  persons  as  legally 
represent  such  children  as  may  be  dead  ;  5th.  If  there  be  neither  widow  nor 
children,  )ior  any  legal  representative  of  the  children,  the  estate  shall  be 
distributed  to  every  of  the  next  kin  of  the  intestate,  who  are  in  equal  degree 
and  those  who  legally  represent  tliem  ;  0th.  But  if  at  the  time  of  the  death, 
of  the  father  and  in  the  lifetime  of  the  mother,  any  of  his  children  shall  die 
intestate,  without  wife  or  children,  every  brother  or  si.ster  and  the  legal 
representatievs  of  them,  shall  have  an  equal  share  with  the  mother  of  the 
deceased  child. 

[N.  Car.  9.] 


NORTH  CAROLINA.  6lt 

Form  of  Instructions  and  Forms  for  Depositions. 

State  of  North  Carolina,    > 

County  ov .  \     ' 

Pursuant  to  the  annexed  commission  directing  the  undersigned  commis- 
sioner to  take  tlie  deposition  of (and  others,  as  the  case  may  be),  a  wit- 
ness (or  witnesses)  for  the  plaintiff  (or  defendant),  to  be  read  in  evidence  in 
suit  now  pending  in  the  su])erior  court  of county,  wherein is  plain- 
tiff and  is  defendant,  at  my  office,  No.  — ,  street,  in  the  city  of 

and  state  of ,  on  the day  of ,  at  nine  o'clock  a.  m.,  the  plaintiff 

and  defendant  being  present  (or  not  present,  as  the  case  may  be),  in  i)erson 

(or  represented  by  counsel),  I  i)roceeded  to  examine  the  said who,  being 

by  me  first  duly  sworn,  deposes  as  follows: 

First  question.  (Write  out  the  question  and  an.swer. ) 

The  deposition  should  be  read  to  the  witness,  and  signed  by  him,  and  then 
countersigned  by  the  commissioner. 

CERTIFICATE. 

If ,  the  commissioner  named  in  the  annexed  commission,  do  hereby 

certify  that  the  evidence  of  the  witness ,  was  taken  down  under  oath, 

and  subscribed  by  him  in  my  presence,  on  the day  of ,  18 — ,  at  my 

office.  No. ,  street,  city  of ,  county  of and  state  of ■,  and 

that  I  have  personal  knowledge  of  said  witness  (or  that  proof  of  his  identity 
has  been  made  before  me),  and  I  further  certify  that  both  (or  neither,  or  only 
one)  of  the  said  parties  were  present  (or  were  represented  by  counsel)  at  the 
taking  of  said  deposition. 

Witness  my  hand  and  seal  this day  of ,  18  — . 

[  SEAL.  ]  ( Commissioner. ) 

Place  the  deposition  in  an  envelope,  and  seal  carefully  and  direct  to  clerk 
of  the  court  issuing  the  deposition,  indorsing  a  memorandum,  as  follows  : 

c«.         >    Superior  court,  county.  North  Carolina. 

Deposition  of ,  taken  by  order  of  court  in  the  above  entitled  action  by 

,  commissioner.  (Signed.)  {Commissioner.) 

£SEAL.] 

Also  enclose  the  notice  given  by  the  party  taking  the  deposition,  of  the  time 
and  place  for  taking  the  deposition,  attaching  same  to  the  deposition. 

If,  for  any  reason,  the  deposition  can  not  be  taken  or  entered  on  the  first 
day  set,  the  commissioner  should  adjourn  to  a  certain  hour  on  the  next  day, 
and  so,  die  ad  diem,  until  the  deposition  can  be  taken. 

Divorce  and  Alimony. — Marriage  may  be  dissolved,  and  the  parties  there- 
to divorced  from  t  lie  bonds  of  matrimony,  on  application  of  the  party  injured, 
made  as  by  law  i)rovided,  in  the  following  cases  :  1st.  If  either  party  shall 
separate  from  the  other,  and  live  in  adultery  ;  2d.  If  the  wife  shall  commit 
adultery  ;  3d.  If  either  party  at  the  time  of  the  marriage  wasand  still  is  natur- 
ally impoteitt ;  4th.  If  the  wife  at  the  time  of  the  marriage,  be  pregnant,  and 
the  husband  be  ignorant  of  the  fact  of  such  pregnancy,  and  be  not  tlie  father 
of  the  child  with  which  the  wife  was  pregnant,  at  the  time  of  the  marriage. 

Tlio  superior  court  may  grant  divorces  from  bed  and  board,  on  application 
of  the  party  injured,  made  as  by  law  providcxl,  in  the  following  cases :  1st. 
If  either  party  shall  abandon  his  or  her  family  ;  or  2d.  Shall  maliciously  turn 
the  other  out  of  doors  ;  or  Sd.  Shall  by  cruel  or  barbarous  treatment,  endang- 
er the  life  of  the  other ;  or  4th.  Shall  offer  sn<!h  indignities  to  the  ]ierson  of 
the  other  as  to  render  his  or  her  condition  intolerable  and  life  burdensome  ; 
or  5th.  Shall  become  an  habitual«tlrunkard. 

The  material  f  icts  in  every  complaint,  asking  for  a  divorce,  shall  be  deemed 
to  be  denied  by  the  defendant,  whether  the  same  shall  be  actually  denied  by 
pleading  or  not,  and  no  judgment  shall  be  given  in  favor  of  the  plaintiff  in 
[N.  Car.  10.1 


618  NORTH  CAROLINA. 

any  such  complaint  until  such  facts  have  been  found  by  a  jury,  and  on  suck 
trial,  neither  tlie  Iwisband  or  wife  shall  be  a  competent  witness  to  prove  the 
adultery  of  the  otlier,  nor  shall  the  admissions  of  either  party  be  received  as 
evidence  to  prove  such  fact ;  provided,  tluit  on  the  trial  of  any  action  for  di- 
vorce, on  the  ground  of  the  pregnancy  of  the  wife  at  the  time  of  the  marriage, 
either  party  may  testify  as  to  any  facts  miiterial  to  such  issue. 

In  all  proceedings  for  divorce,  the  summons  shall  be  returnable  to  the  court 
of  the  county  in  which  the  applicant  resides. 

After  a  judgment  of  divorce  from  the  bonds  of  matrimony,  all  rights  aris- 
ing out  of  the  marriage  shall  cease  and  determine,  aiideither  party  may  marry 
again  ;  provided,  that  no  judgment  of  divorce  shall  render  illegitimate,  any 
children  in  esse,  or  begotten  of  the  body  of  the  wife  during  coverture. 

After  the  tiling  of  a  complaint  in  any  proceeding  for  divorce,  whether  from 
the  bonds  of  matiimony,  or  from  bed  and  board,  b<Uh  before  and  after  final 
judgment  therein,  it  shall' be  lawful  for  the  judge  of  the  court,  in  which  sue!) 
applicati(m  is  or  was  pending,  to  make  such  orders  respecting  the  care,  cus^ 
tody,  tuition  and  maintenance  of  the  children  of  tlie  marriage,  as  may  be 
proi)er,  and  from  time  to  time  modify  or  vacate  such  orders  ;  provided,  that 
no  order  respecting  the  children  shall  bo  made  on  the  application  of  either 
party  without  five  days'  notice  to  the  other  party,  unless  it  shall  appear  that 
the  party  having  the  possession  or  control  of  such  children,  has  removed  or 
is  about  to  remove  the  children,  or  himself,  beyond  the  jurisdiction  of  the 
court. 

Executions. — From  superior  court  may  issue  immediately  after  the  ternt 
at  which  judgment  was  rendered,  and  are  returnable  at  the  next  term.  They 
issue,  as  of  course,  at  any  time  within  three  years  after  rendition  of  judgment ; 
after  three  years  have  elap.sed,  they  issue  only  upon  notice  and  leave  ob- 
tained. From  justices'  courts  they  issue  at  once,  returnable  in  sixty  days. 
Stay  of  execution  is  granted  as  follows  :  Under  $25,  one  month  ;  $25  to  $50, 
three  months  ;  $50  to  $100,  four  months  ;  above  $100,  six  months.  There  is 
no  redemption  on  property  sold  on  execution  or  mortgage.  Notice  of  sale  of 
real  estate  under  execution  to  be  posted  at  four  public  places,  including  court 
house,  and  advertisements  to  be  made  in  county  newspaper. 

Exemption. — Every  homestead,  and  dwellings  and  building  used  there- 
with, not  exceeding  in  value  $1,000,  to  be  selected  by  the  owner  thereof  ;  or 
in  lieu  thereof,  at  the  option  of  the  owner,  any  lot  in  any  city,  town  or  vil- 
lage, with  the  dwellings  used  thereon,  owned  and  occupied  by  any  resident 
of  the  state,  and  not  exceeding  the  value  of  $1,000.  Personal  property  of  the 
value  of  $500.  This  law  does  not  apply  to  debts  contracted  prior  to  August 
20,  1868,  or  taxes,  payment  of  i)urchase-money,  or  laborer's  or  mechanics* 
lien.  The  exemptions  allowed  when  the  debt  was  contracted  prior  to  August 
20,  1868,  are  those  that  were  in  force  at  the  time  the  debt  was  contracted. 

Interest. — Six  per  cent,  is  the  prescribed  usual  rate.  Eight  per  cent,  may 
be  stipulated  for  in  writing.  Rate  on  judgments  and  open  accounts,  six  per 
cent.,  iniless  i>arties  contract  for  higher  rate,  u^)  to  eight  per  cent.,  which 
they  may  do.  Taking,  knowingly,  a  greater  rate  of  interest,  is  forfeiture  of 
the  entire  interest,  and  in  case  a  greater  rate  has  been  paid,  the  person  who 
has  paid  it,  or  his  legal  representatives,  may  recover  back  in  an  action  in  the 
nature  of  an  action  in  debt,  twice  ihe  amoiuit  of  interest  paid.  Interest,  if 
not  paid  when  due,  bears  simple  interest — ''starts  on  a  career  of  its  own,"^ 
i.  e.,  when  a  time  for  payment  of  interest  is  specified,  as,  for  instance,  aimu- 
ally. 

Judgments. — In  the  superior  court  arc  a  lien  from  the  time  they  are  dock- 
eted on  all  real  property  of  defendant  witliin  the  coiuity,  and  can  be  trans- 
ferred to  other  counties  by  filing  transcript.  Judgments  from  justices'  courts 
are  not  a  lien  on  real  estate  until  docketed  in  superior  court,  or  on  i)ersonal 

iN.  Car.  11.1 


NORTH   CAROLINA.  Sl^ 

property  until  levy  is  made.  Lien  continues  ten  years  from  time  of  docket- 
ing. Justice  court  and  supreme  court  judjjmonts  may  bo  made  judgments 
of  the  superior  court  in  all  respects,  by  docketing  tbem  in  said  court. 

Liens. — Any  person  who,  by  or  with  the  con.sent  of  the  owner  or  contract- 
or of  a  buildintj  or  structure,  performs  labor  or  furnishes  materials  in  cn;(;t- 
ing,  altering  or  repairing  the  same,  may  have  alien  upon  the  building  and  ilio 
land  on  which  it  is  situated,  for  the  value  of  the  said  laboror  materials  to  an 
amount  not  ex<H;eding  the  agreed  price  or  value  of  such  labor  or  material.s, 
remaining  unpaid  when  the  lion  is  filed  ;  notice  of  lien  must  be  filed  within 
90  days  after  work  is  done.  Tiie  lien  contimuis  one  year,  unless  proceedings 
are  taken  as  prescribed  by  the  statute  laws  of  1885,  ct.  343. 

Limitations  of  Suits. — Actions  on  accounts,  and  contracts  not  under  si  al 
must  be  commenced  in  three  years,  and  a  note  under  seal  must  becommen.'ud 
within  ten  years,  or  the  statvite  of  limitation  may  be  pleaded  against  recov- 
ery. In  cases  of  fraud  or  mistake,  cause  of  action  does  not  accrue  until  the 
discovery  by  the  aggrieved  party  of  the  facts  constituting  such  fraud  or  mis- 
take.    Revivor  :  Part  payment  or  new  promise  in  writing. 

Married  Women. — Retain  their  real  and  personal  property  acquired  be- 
fore or  after  marriage,  as  their  separate  estate,  not  liable  for  the  debts  or  ob- 
ligations of  their  husbands.  But  no  woman  under  coverture,  unless  she  be  a 
free  trader,  can  make  a  binding  contract,  except  for  her  necessary  personal 
expenses,  or  forthe  support  of  the  family,  or  for  such  as  may  be  necessary  in 
order  to  pay  her  debts  existing  before  marriage,  without  the  written  consent 
of  her  husband.  Widow's  dower  is  one-third  in  value  of  all  the  lands  and 
real  estate  of  which  her  husband  was  seized  during  her  coverture.  Statute 
also  allows  a  "year's  allowance"  out  of  the  personal  property  of  the  hus- 
band. 

Mechanics'  Liens. — Anymcclianicor  artizan  who  shall  make,  alter,  or  re- 
pair any  article  of  personal  property,  at  the  request  of  the  owner  or  legal 
possessor,  shall  have  a  lien  on  such  property  for  the  value  of  his  work  done 
or  materials  furnished,  and  may  retain  possession  of  the  same  until  it  shall 
be  paid.     Liens  may  also  be  made  on  buildings  for  repairs  and  improvement . 

Mortgages. — Must  be  registered  within  the  county  to  be  valid  as  against 
creditors  or  subsequent  purchasers,  for  a  valuable  consideration.  IMortgage* 
are  foreclosed  by  action,  except  when  a  power  of  sale  is  given.  Chattel  mort- 
gages and  lien  bonds  must  be  registered.  All  conditional  sales  of  personal 
property  in  which  title  is  retained  by  bargainor,  must  be  reduced  to  writing 
and  registered  in  same  manner  and  with  the  same  legal  effect  as  chattel 
mortgages. 

After  December  1,  1885,  absolute  deeds  are  only  good  against  creditors  or 
purchasers  from  registration.  Title  does  not  pass  if  purchaser  has  notice  of 
prior  unregistered  deed. 

Notes  and  Bills  of  Exchange. — Bills  of  exchange  (foreign),  drafts,  checks 
and  promissory  notes,  payable  to  bearer,  the  maker,  or  his  order,  or  the  order 
of  any  third  party,  are  negotiable.  Throe  days  of  grace  are  allowod  on  all 
except  inland  sight  drafts.  If  not  paid  when  due,  they  may  be  protested,  and 
the  certificate  of  protest  is  prima  facie  evidence  of  presentation  and  non-pay- 
ment. To  charge  indorser,  notice  of  non-payment  must  at  once  be  given  to 
him.  January  1st,  February  2-2d,  I\tay  lOth  and  20th,  July  4th,  December 
25,  any  general  election  day,  and  any  day  appointed  or  recommended  by  the 
president  of  the  United  States,  or  the  governor  of  the  state  as  a  day  of  thanks- 
giving or  of  fasting  and  prayer,  arc  holidays,  and  notes,  bills,  etc.,  otherwise 
presentable  for  payment  or  acceptance  on  one  of  such  days,  are  presentable 
on  the  secular  or  business  day  next  preceding  such  holiday. 
[N.  Car.  12.] 


<520  NORTH   CAROLINA. 

Partnership. — Limited  partnerships  may  be  formed  for  the  transaction  of 
Tocrjautile,  manufacturing  or  mechanical  business  by  acknowledgmg  and 
registering  a  certificate,  setting  fortli  the  name  of  the  firm,  the  general  na- 
ture of  the  business,  the  names  of  the  general  and  special  XJartners,  and  the 
period  at  which  such  partnership  is  to  commence  and  terminate.  The  terms 
of  the  partnership  must  be  pixblished  immediately  after  its  formation  for 
«ix  successive  weeks. 

Redemption. — Property  sold  under  execution  or  foreclosure  of  mortgage 
•cannot  be  redeemed,  but  land  sold  for  taxes  may  be  redeemed  within  twelve 
months  from  date  of  sale. 

Replevin. — Tlie  form  of  action   known  as  replevin  is  abolished,  and  there 
is  substituted  "Claim  and  Delivery  of  Personal  Property."     Plaintiffs  must 
tile   an  affidavit  alleging  the  facts,  and  give  an  undertaking  in  double  the  . 
amount  of  the  property. 

Submitting  a  Controversy  Without  Action. — Parties  to  a  question  in 
<3itterence  may,  without  action,  agree  upon  a  case  containing  the  facts,  and 
«ubmit  the  same  to  any  court  having  jurisdiction,  and  the  judgment  ren- 
•dered  may  be  enforced  as  if  it  had  been  rendered  in  an  action,  and  is  subject 
in  like  manner  to  an  appeal. 

Stay  ot  Execution. — Judgments  in  justices'  courts  only  may  be  stayed, 
npon  security  given,  if  asked  for  at  the  trial,  as  follows  :  For  any  sum  noi 
exceeding  $25,  one  month  ;  for  any  sum  above  $35,  and  Tiot  exceeding  $50, 
three  months  ;  for  any  sum  above  850  and  not  exceeding  $100,  four  months  ; 
for  any  sum  above  $100,  six  months.  No  stay  is  allowed  in  a  suit  upon  a 
former  judgment. 

Supplementary  Proceedings. — Upon  the  return  of  an  unsatisfied  execu- 
tion, and  it  appears  that  the  judgment  debtor  has  property  which  he  un- 
justly refuses  to  the  satisfaction  of  the  judgment,  the  creditor  is  entitled  to 
have  the  debtor  examhied  by  the  court  or  a  referee  concerning  his  property, 
and  eitlier  party  may  examine  witnesses.  Any  person  indebted  to  the  judg- 
ment debtor  may  be  required  to  appear  and  testify  as  to  his  indebtedness. 

Taxes. — Before  the  sheriff  can  levy  for  taxes  upon  real  estate  the  personal 
property  must  be  exhausted.  Thirty  days  before  the  sale  of  the  land  of  the 
delinquent,  the  sheriff  shall  give  him  personal  notice,  if  he  be  in  the  county ,^ 
if  not,  he  shall  give  liis  agent  notice,  if  there  be  one,  and  shall  mail  a  notice 
to  the  delinqu  mt,  if  his  address  can  be  ascertained.  If  no  one  will  pay  the 
taxes  for  a  portion  of  the  hind,  the  state  shall  become  the  purchaser.  The 
delinquent,  his  agent  or  attorney,  may  redeem  the  property,  within  twelve 
jnonths,  by  paying  or  tendering  the  i)urchaser  the  amount  paid  by  him,  and 
twenty-five  per  cent,  in  addition  thereto. 

Wills. — No  person  shall  be  capable  of  making  a  will  until  he  shall  attain 
the  age  of  twenty-one  years.  Wills  may  be  executed  in  writing,  signed  by 
the  testator  or  some  other  person  in  his  presence,  by  two  or  more  witnesses 
at  least,  no  one  of  whom  shall  be  interested  in  the  devise  or  bequeath. 
Holygraph  wills  may  be  written,  if  written  altogether  by  the  testator  himi- 
>5elf'aud  found  after  his  death,  among  his  valuable  papers  and  effects,  or 
lodged  in  the  hands  of  some  person  for  safe  keeping.  Nuncupative  wills, 
when  the  estate  exceeds  8300,  must  be  made  in  the  i)resence  of  at  least  two 
credible  witnesses,  who  must  state  that  they  were  specially  made  to  bear 
witness  thereto.  Tlieymust  have  been  made  in  the  testator's  last  sickness,  in 
his  own  habitation,  or  wliere  he  had  been  previously  resident  for  at  least  ten 
days,  unless  he  died  on  a  journey  or  from  home.  They  shall  not  be  proved 
after  six  months  after  the  making.  Wills  made  out  of  the  state  and  devis- 
ing real  property  situate  within  this  state,  must  be  executed  according  to  the 
laws  of  this  state. 

[N.  Car.  1).] 


NORTH   CAROLINA, 


621 


ATTORNEYS   IN   NORTH    CAROLINA. 


Bold  Face  Type  denotes  county  seats.       A  clash  (— )  less  than  100  population. 
Figures  after  names,  when  admitted  to  the  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (1)  our  Compiler  of  Laws. 
A  dagger  (t)  former  recommendation  withdrawn. 


PLACE. 

COUNTY. 

NAMES   OP   ATTORNEYS. 

rOPULA'X- 

Albemarle 

Stanley 

Pemberton  Jerome. 

350 

Ashborough 

Randolph 

M.  S.  Robbins. 

350 

Asheville 

Buncombe 

5  T.  H.  COBB,  '76. 
i  t  Wm.  M.  Cocke,  Jr. 

5,00<> 

Bayborough 

Pamlico 

W.  T.  Caho. 

500 

Beaufort 

Cateret 

C.  R.  Thomas,  Jr. 

2,500 

Boone 

Watauga 

L.  L.  Green. 

400 

Brevard 

Transylvania 

W.  A.  Gash. 

40O 

Burgaw 

Pender 

John  T.  Bland. 

200 

Burnsville 

Yancy 

W.  M.  Moore. 

800- 

Camden  C  H 

Camden 

C.  M.  Fenbee, 

;ioo 

Carthage 

Moore 

W.  J.  Adams. 

850 

Chapel  Hill 

Oi'ange 

JAMES  B.  MASON. 

881 

Charleston 

Swain 

A.  M.  Fry. 

185 

Charlotte 

Mechlenburg 

Wm.  C.  Maxwell. 

10,000 

Clinton 

Sampson 

J.  L.  Stewart. 

1,000 

Columbia 

Tyrcll 

R.  P.  Felton. 

371 

Columbus 

Polk 

C.  A.  Carson. 

108 

Concord 

Cabarrus 

W.  G.  Means. 

1,800 

Currituck  C  H 

Currituck 

W.  R.  Gordon. 

20 

Dallas 

Gaston 

R.  W.  Sandifer. 

50O 

Danbury 

Stokes 

F.  R.  Dearmon. 

160 

Dobson 

Surry 

T.  W.  Folger. 

150 

Edenton 

Chowan 

J.  Wood. 

2,000 

Elizabeth  City 

Pasquotank 

E.  F.  Lamb. 

3,250 

Elizabethtown 

Bladen 

R.  H.  Lyon. 

212 

Enfield 

Halifax 

S.  S.  Alsop. 

1,000 

Fayetteville 

Cumberland 

J.  W.  Hinsdale. 

5,000 

Franklin 

Macon 

Geo.  A.  Jones. 

400 

Franklinton 

Franklin 

N.  Y.  Gulley. 

1,000 

Gatesville 

Gates 

L.  L.  Smith. 

300 

Goldsborough 

Wayne 

AYCOCK  &  DANIELS. 

3,28r> 

Graham 

Alamance 

F.  H.  Whitaker,  Jr. 

500 

Greensborough 

Guilford 

Scott  &  Caldwell. 

3,500 

(ireeiiville 

Pitt 

Latham,  Skinner  &  Blow. 

2,000 

Halifax 

Halifax 

R.  O.  Burton. 

500 

HayesvUle 

Clay 

M.  R.  Kimsey. 

200 

Hendersonville 

Henderson 

H.  G.  Ewart. 

80O 

Hertford 

Perquiniaus 

T.  6.  Skinner, 

661 

Hickory 

Catawba 

F.  L.  Cline. 

2,000 

€22 


NORTH   CAROLINA. 


PLACE. 

COUNTY. 

NAMES   OF    ATTORNEYS. 

popula'n. 

U\i;h  Point 

Guilford 

F.  T.  Baldwin. 

2,000 

Hiilstorough 

Orange 

A.  W.  Graham. 

1,000 

Jackson 

Northampton 

R.  B.  Peebles. 

300 

Jacksonville 

Onslow 

T.  E.  Oilman. 

100 

Jefferson 

Ashe 

Q.  F.  Neal. 

210 

Kenansville 

Duplin 

H.  R.  Kornegay. 

350 

Kinston 

Lenoir 

Wooten  &  Hill. 

3,500 

Lenoir 

Cahlwell 

C.  A.  Cilley. 

600 

Lexington 

Davidson 

U.  H.  Pennix. 

1,600 

Lillington 

Harnett 

D.  H.  McLean. 

122 

Lincolnton 

Lincoln 

B.  C.  Cobb. 

1,400 

Louisbnrgh 

Franklin 

C.  M.  Cooke. 

1,000 

Lumberton 

Robeson 

Rowland  &  McLean. 

800 

Manteo 

Dare 

W.  D.  Chaddic. 

75 

Marion 

McDowell 

P.  J.  Sinclair. 

600 

Marshall 

Madison 

J.  S.  McElroy. 

300 

Mocksville 

Davie 

T.  B.  Bailey. 

500 

Monroe 

Unison 

Covington  &  Adams. 

2,000 

Morganton 

Burke 

J.  G.  Byrum. 

861 

Mr.  Airy 

Surry- 

W.  F.  CARTER. 

850 

Murfrecsborough 

Hertford 

WINBORNE  &  BRO. 

1,500 

Murphy 

Cherokee 

P.  P.  Axley,  '08. 

300 

Nashville 

Nash 

Jacob  Battle. 

150 

Newberne 

Craven 

Owen  H.  Guion. 

6,443 

Newton 

Catawba 

R.  J.  Sliipp. 

2,800 

Oxford 

Granville 

T.  L.  Hargrave. 

2,200 

Pittsborough 

Chatham 

T.  B.  Womack. 

400 

Plymouth 

Washington 

S.  B.  Spruill,  Jr. 

2,000 

IRaleigh 

Wake 

5  t  John  W.  Hinsdale. 

^    See  Card  m  Appendix,  page 

XV.     14,000 

Randleman 

Randolph 

John  C.  Troy. 

1,600 

Reidsville 

Rockingham 

Thomas  Little,  Jr. 

4,000 

Hockingham 

Richmond 

Cole  &  McNeill. 

1,200 

Robbinsville 

Graham 

{See  Charleston) 

— 

Roxborough 

Person 

Winstead  &  Terry. 

200 

Rutherfordton 

Rutheford 

M.  H.  JUSTICE,  '68. 

500 

Salisbury 

Rowan 

Thos.  F.  Kluttz. 

3,800 

Shelby 

Cleveland 

Gidney  &  Webb. 

1,600 

Smithfield 

Johnson 

L.  R.  Waddell. 

1,000 

Smithville 

Brunswick 

A.  Ross. 

508 

Snow  Hill 

Greene 

Theo.  Edwards. 

400 

Sparta 

Allegany 

W.  C.  Fields. 

148 

State  sville 

Iredell 

Robbins  &  Long. 

3,500 

Swan  Quarter 

Hyde 

{See  Columbia) 

— 

Tarborough 

Edgecoml) 

Howard  &  Martin. 

1,600 

Taylorsville 

Alexander 

R.  Z.  Linney. 

400 

Trenton 

Jones 

P.  M.  Pearsall. 

200 

Troy 

Montgomery 

B.  F.  Simmons. 

200 

Wadesborough 

Anson 

R.  T.  Bennett. 

1,300 

Warrenton 

Warren 

C.  A.  Cooke. 

1,200 

Washington 

Beaufort 

JOHN  H.  SMALL. 

3,000 

Wajruesville 

Haywood 

G.  S.  Ferguson. 

700 

Webster 

Jackson 

E.  R.  Hampton. 

300 

Weldon 

Halifax 

A.  J.  Burton. 

1,100 

Wentworth 

Rockingham 

Boyd  &  Johnston. 

300 

Whiteville 

Columbus 

Lewis  &  Schulken. 

400 

Wilkesborough 

Wilkes 

Cowles  &  Barber. 

500 

Williamston 

iVIartiu 

Moore  &  Stubbs. 

615 

NORTH  CAROLINA. 


623 


I'LACE. 

COUNTY. 

NAMKS    OF    ATTOUNKY?. 

roiniT,.\  N. 

Wilmington 

Muw  Hanover 

Wni.  Latimer. 

17,301 

Wilson 

Wilson 

Blount  &  Murray. 

2,000 

Windsor 

Bertie 

J.  B.  Martin. 

700 

Winston 

Forsyth 

R.  B.  KERNER,  '82. 

6,000 

Winton 

Hertford 

Cowper  &  Picot. 

353 

Yadkin  ville 

'I'iulkin 

T.  C.  Phillips. 

129 

Yanceyville 

Caswell 

Jolinston  &  Jolinston. 

337 

BANKS    IN    NORTH    CAROLINA. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  ot  one 
bank  in  eacii  county  of  tliis  state  In  which  sucJi  a  banking  Institution  is  located. 


.\shcville 

Charlotte 

Durham 

Fayetteville 

Fayetteville 

Ooldsboro 

Greensboro. 

Jonesboro 

Monroe 

Mt.  Airy 

Murfreesboro 

New  Berne 

Oxford 

Raleigh 

Raleigh 

Raleigh 

Reidsville 

Reidsville 

Salisbury 

Tarboro 

"Wadesboro 

Wilmington 

Wilson 

Winston 

Winston 


NAME   OF    BANK. 

Bank  of  Asheville 
First  National  Bank 
Bank  of  Durham 
Fayetteville  National  Bank 
People's  National  Bank 
Bank  of  New  Hanover 
Nat  Bank  of  Greensboro 
Buchanan  &  Murchison 
■People's  Bank  of  Monroe 
Planter's  Bank 
Bank  of  Murfreesboro 
Nat  Bank  of  New  Berne 
Bank  of  Oxford 
Citizen's  National  liauk 
National  Bank  of  Raleigti 
State  National  Bank 
Bank  of  Reidsville       * 
Citizen's  Bank 
First  National  Bank 
Pamlico  Ins.  >k  Banking  Co 
Bank  of  New  Hanover 
First  National  Bank 
First  National  Bank 
First  National  Bank 
Wachovia  National  Bank 


PAID  UP 

CASHIER. 

CAPITAL. 

D.  C.  Waddell. 

$100,000 

M.  P.  Peg  ram. 

300,000 

P.  A.  Wiley. 

50.000 

William  Husk. 

200,000 

G.  P.  McNeill. 

125,000 

R.  P.  Howell. 

50,000 

N.  E.  Ellington. 

100,000 

W.  E.  Murchison. 

75,000 

W.  H.  Fitzgerald. 

46,000 

G.  D.  Hensley. 

25,000 

G.  W.  Spencer,  Asst. 

7,000 

G.  H.  Roberts. 

100,000 

W.  B.  Gulick. 

40,000 

Joseph  G.  Brown. 

100.000 

('harles  H.  Belvin. 

225,000 

Samuel  C.  White. 

100.000 

R.  M.  Sloan. 

50,000 

R.  L.  Watts. 

25,000 

I.  H.  Foust. 

50,000 

M.  Wedell. 

34,000 

M.  P.  Leak. 

25,000 

11,  M.  Bowdeu. 

250,000 

J.  Hutchinson. 

51,000 

J.  W.  Alspaugh. 

100,000 

James  A.  Gray. 

150,000 

STATE  OF 

OHIO. 

SUMMARY   OF 

Collection    Laws. 

CouET  Cai/Kndar,  Instructions  for  taking  Depositions,  Legai*  Foiois,  Etc. 

ExpKESsi^Y  Prepared  and  Revised  to  Nov.  1st,  1SS7,  Koii  "Showers' 

Legaij  Directory  and  Merchants'  Guide."  for  1S88,  by 

Orris  P.  Coeb,  of  the  Cincinnati  Bar. 

Acknowledgments. — May  be  taken  by  any  judge  or  clerk  of  a  court  of 
record,  justice  of  tiio  peace,  notary  public,  commissioiier  for  Ohio,  county 
surveyor,  mayor,  or  other  presiding  officer  of  au  incorporated  city  or  town  in 
this  state.  When  executed,  acknowledged  and  proved  out  of  this  state,  in 
accordance  with  the  laws  of  the  place  where  executed,  they  will  be  as  valid 
as  if  executed  in  this  state.  Husband  must  join  in  conveyance  of  wife's  pro- 
perty. Two  witnesses  are  required  to  attest  signatures  in  all  matters  affect- 
ing real  estate.  Instruments  of  conveyance  between  husband  and  wife  must 
be  signed,  sealed  and  acknowledged  by  husband  and  wife,  and  attested  by 
two  witnesses.  Officer  taking  acknowledgment  must  certify  that  he  exam- 
ined the  wife  separate  and  apart  from  her  husband,  and  made  known  to  her 
the  contents  of  the  instrument,  that  she  voluntary  signed,  sealed  and  ac- 
knowledged the  same,  and  that  she  is  still  satisfied  therewith  as  her  act  and 
deed. 

The  above  is  the  ol<i  law  which  most  lawyers  in  this  state,  still  prefer  to 
use,  but  under  law  of  1887,  husban(4  and  wife  need  not  join  in  the  convey- 
ance of  the  real  estate  of  either,  and  no  separate  acknowledgment  of  the  wifo 
is  required. 

Acknowledgment  and  certificate  thereof  mutt  bo  on  the  same  sheet  on 
which  the  deed  is  written. 

Form  of  Acknowledgment. 

State  of  Onio,         ? 
County  of  — .    ^  *' " 

Be  it  rememhered,  That  on  this day  of ,  A.  D.,  18 — ,  before 

me,  the  subscriber,  (a  notary  public  or  justice  of  the  peace),  personally  came 

•  and ,  his  wife,  who  acknowledged  the  signing  and  sealing  of 

the  foregoing  instrument  to  bo  their  voluntary  act  and  deed,  for  the  uses  ami 
purposes  therein  expressed.* 

And  the  said  ,  wife  of  the  said ,  being  examined  by  mu 

separate  and  apart  from  her  said  hu.sband,  and  the  contents  of  said  instru- 

*The  above  form  down  to  the  ivstcrlsk  answers  for  u  single  or  in.any  unmarried 
perBoaK. 

fO.  l.J 


OHIO.  625 

ments  made  known  and  explained  to  herby  me,  did  declare  that  she  did  volun- 
tarily si<,'n,  seal  and  acknowledge  the  same,  and  that  she  was  still  satisfied 
therewith,  as  her  free  act  and  deed,  for  the  uses  and  purposes  tliereiu  men- 
tioned.! 

Ill  vitness  tcliereof,  I  have  hereunto  set  my  hand  and  atHxcd  my  official 
(notarial)  seal,  on  the  day  and  year  last  above  written. 

J.  A.  K.,  .y.  7'.  or  J.  P. 

Actions. — There  is  but  one  form  of  action,  which  is  known  as  a  civil 
action. 

The  action  must  be  prosecuted  in  the  name  of  the  real  party  in  interest, 
except  that  an  executor,  administrator,  guardian,  trustee  of  an  express  trust, 
a  person  with  whcmi  or  in  whose  name  a  contract  is  made  for  the  benefit  of 
another,  or  a  person  expressly  authorized  by  statute,  may  bring  an  action, 
without  joining  with  him  the  person  for  whose  benefit  it  is  prosecuted. 

Administration. — If  deceased  leaves  no  will,  letters  of  administration  will 
be  granted  on  application  1st.  To  his  wife  ;  2d.  To  the  next  of  kin  in  the  or- 
der of  their  priority.  The  costs  of  administration,  expenses  of  last  illness 
and  funeral  expenses  are  preferred  claims,  and  must  be  paid  in  full  if  the  es- 
tate is  suftioient. 

AJB^davits. — May  be  made  in  or  out  of  this  state,  before  any  person  au- 
thorized to  take  depositions,  and  must  be  authenticated  in  the  same  way  as 
depositions,  except  that  to  affidavits  verifying  pleadings  the  certificate  of  the 
officer,  signed  officially  by  him,  shall  be  evidence  that  the  affidavit  was  duly 
made,  that  the  name  of  the  officer  was  written  by  himself,  and  that  he  was 
such  officer. 

Form  for  proof  of  Account  for  suit  in  Ohio. 

State  op  Ohio,  i 

County  op  ,      >  ss. 

City  op .      ) 

,  of  lawful  age,  being  duly ,  says  that  he  is  (of  firm,  state  name 

and  names  of  all  members) ,  claimant  ;  that  the  annexed  account  against 

is  just,  true  and  correct,  and  is  a  tnie  transcript  thereof  from  the  books 

of  original  entry  of  the  said ;  that  it  is  for  goods  sold  and  delivered 

by  the  said to  the  said  at  request,  at  the  dates  and  for  the 

prices  therein  specified  ;  that  there  is  due  thereupon  from  said  to  said 

,  the  sum  of dollars,  besides  interest  from  and  after ,  no  part  of 

which  has  been  paid ;  and  that  there  is  no  just  or  legal  set-off,  credit  or 

counter-claim  against  said  sum  of ,  to  deponent's  knowledge  and  belief. 

(Sig7iature.) 

Sworn  to  and  subscribed  before  me, ,  a  (official  title  as  commissioner, 

notary  or  justice  of  the  peace  ;  if  justice  of  the  peace,  his  official  character 
should  be  certified),  this,  the day  of ,  A.  D.,  18 — ,  at . 

Witness  my  hand  and  official  .seal  on  the  day  and  year,  and  at  — — . 
[seal.]  (Sig  nature.) 

Affidacit  in  2}ro<f  of  claim  afjainst  Insolvent  Debtor,  in  Ohio. 
State  op  Ohio, 


COUMTY  OF 


ss. 


Before  me  personally  appeared  ,  wlio,  being  duly  sworn,  says  that 

he  is  (a  member  of  the  firm  of ,  composed  of )   ,  the 

■j-This  clause  is  omitted  where  acknowledgment  is  by  an  unmarried  person. 
[O.  2.] 


626  OHIO. 

owner —  of  the  claim  hereunto  attached  ;  that  said  claim  is  just  and  lawful ; 
that  the  consideration  therefor  is  (state  it,  viz.  :  goods  sold  and  delivered, 

etc. ) ;  that  there  is  now  and  unpaid  on  said  claim,  the  sum  of  $ , 

with  interest  thereon  at  the  rate  of per  cent,  per  annum,  from  the 

day  of ,   18 —  ;  that  there  are  no  set-ofts  nor  counter-claims 

whatever  against  the  same  ;  and  that  said  owner —  ha —  no  security  whatever 
for  the  same,  (or,  if  he  has  collateral  or  personal  security,  state  it.) 

,  Affiant. 

Swoni  to  hefore  me,  and  signed  in  my  presence,  this day  of , 

A.  D.  18—. 

[sKAr..]  A.  B.,  Commissioner  for  Ohio,  or  Notnvi/  I'ublic. 

Affiddcit  io  claim  (Kjaiiist  Decedent' s  J'Jstate,  in  Ohio. 

State  of  Ohio,  i 

County  of  ,     >  ss. 

City  of .      ) 

A.  B.,  being  first  duly  sworn,  says  that •  the  above  annexed  claim, 

against  the  estate  of ,  deceased,  is  true  and  correct,  as  stated  ;  that  it 

is  justly  due  and  unpaid ;  that  there  is  due  to ,  from  the  said  estate, 

thereon,  the  sum  of dollars  ;  that  no  payments  have  been  made 

thereon  ;  and  that  there  are  no  set-offs  against  the  same,  to  the  knowledge  of 
deponent.  (  Signature. ) 

Sworn  to  and  subscribed  before  me,  this day  of ,  A.  D.,  18 — , 

[seal.]  C.  D.,  Commissioner  for  Ohio,  or  Notary  Public. 

Aliens. — No  person  capable  of  inheriting  shall  be  deprived  of  the  inherit- 
ance by  reason  of  any  of  his  ancestors  having  been  aliens. 

Aliens  may  hold,  possess  and  enjoy  lands,  tenements  and  hereditiments, 
in  this  state,  either  by  descent,  devise,  gift  or  purchase,  as  fully  and  com- 
pletely as  any  citizen  of  the  United  States  or  this  .state  can  do. 

Appeals. — May  be  had  from  justices'  court  (when  either  party  to  the  suit 
claims  more  than  $30)  to  the  probate  court,  also  from  the  probate  court  to 
the  court  of  common  pleas,  and  froni  the  court  of  common  pleas  to  the 
circuit  court  and  from  the  circuit  court  to  the  supreme  court. 

Arrest. — In  civil  actions  can  be  made  when  defendant  has  assigned,  re- 
moved out  of  jurisdiction  of  the  court,  fraudulently  concealed  or  disposed 
of  his  property  with  intent  to  defraud  creditors.  Or  has  fraudulently  con- 
tracted the  debt.  Or  when  the  money  or  thing  sought  to  be  recovered  was 
lost  by  gaming,  or  by  bet,  or  wager.  An  affidavit  must  state  the  facts  to 
Justify  belief  in  one  or  more  of  the  above  grounds. 

Assignments. — An  insolvent  debtor  may  make  an  assignment  in  trust  for 
Ihebenetitof  his  creditors.  Assignee  must,  withhi  ten  days  after  delivery 
of  assignment  to  him,  produce  the  original  assignment,  or  copy  thereof  in 
the  probate  court,  file  same  and  enter  into  a  bond  in  such  sum  and  with  such 
.sureties  as  court  sliall  approve.  Notice  of  ai>pointment  for  three  successive 
weeks  in  newspaper  of  general  circulation,  shall  be  given  after  bond  entered 
into,  and  creditor  shall,  within  six  months  after  publication  of  notice,  pre- 
sent claim,  with  affiilavit  that  said  claim  is  just  and  lawful,  the  consideration 
thereof,  and  what,  if  any,  set-offs  or  counter-claims  exist  thereto  ;  what  col- 
lateral or  personal  security,  if  any,  the  claimant  holds  for  same,  or  that  he 
has  no  security  whatever.     Any  surety  or  person  jointly  liable  with  assignor 

[O.  3.1 


OHIO.  627 

is  alloMod  to  present  and  prove  his  claim  on  which  he  is  bound.  Suit  must 
be  brought  on  rejected  ehiims  within  thirty  days.  Assi<;nment  made  in  con- 
temphitionof  insolvency,  with  intent  to  i)refer  one  or  more  creditors,  inures 
to  the  benefit  of  all  creditors.  Assignments  made  with  intent  to  hinder,  de- 
lay or  defraud  creditors,  sliall  be  declared  void  at  the  suit  of  any  creditor, 
and  such  assignment,  after  having  been  declared  void,  or  a  i)referred  assign- 
ment, is  cause  for  the  appointment  of  trustee.  No  assignment  shall  be  con- 
strued to  include  property  exempt,  unless  the  exemption  is  expressly  waived. 
Preferred  claims  are:  Taxes  of  every  description  assessed  against  assignor, 
and  wages  for  all  labor  performed  by  any  one  in  the  assignor's  .service  within 
twelve  "months'  i)receding  the  assignment,  not  exceeding  $;3()0.  Assignment 
dois  not  discharge  debtor  from  his  liabilities. 

Attachment. — In  a  civil  action  for  the  recovery  of  money  may  be  had 
when  the  defendant  is  a  non-resident  or  foreign  corporation,  or  has  absconded 
or  concealed  himself,  or  is  about  to  remove,  convert  or  assign,  or  has  cou- 
♦■ealed  his  property,  with  intent  to  defraud  creditors,  or  where  the  debt  was 
fraudulently  contracted.  Plaintitf  must  give  bond  in  double  the  amount  at 
issue,  except  where  defendant  is  a  non-resident,  when  a  bond  is  not  reipiired. 
Oamishee  process  may  be  had  in  aid  of  attachment  against  any  debtor  of  the 
defendant.  A  citizen  of  this  state  may  be  enjoined  from  prosecuting  an 
attachment  in  another  state,  against  a  citizen  of  this  state,  to  subject  to  the 
payment  of  his  claim,  the  earning  of  the  debtor,  which,  by  the  laws  of  this 
state,  are  exempt  from  being  applied  to  the  payment  of  such  claim. 

Banks  and  Bankers.— It  shall  be  lawful  for  natural  individual  i)ersons, 
not  fewer  in  number  in  any  case  than  five,  to  associate  to  form  companies  for 
the  puipose  of  carrying  on  the  business  of  banking,  each  in  such  place  in  the 
state  as  shall  be  designated  in  its  articles  of  association  and  in  the  certificate 
required  to  be  made,  subject,  however,  to  the  contingencies,  restrictions, 
conditions  and  liabilities  prescribed  in  the  act. 

Bills  of  Exchange  and  Promissory  Notes. — Payable  to  some  person, 
order,  or  bearer,  are  transferable  by  endorsement.  They  are  entitled  to  three 
days'  grace,  except  when  drawn  on  a  bank  or  broker,  payable  on  a  certain 
day  or  so  many  days  after  sight  or  date.  Demand  of  payment  on  the  last 
day  of  grace  and  notice  of  non-payment  to  drawers  and  endorsers  is  due 
diligence  to  enable  holder  to  maintain  an  action  against  an  endorser.  "When 
last  day  of  grace  falls  on  Sunday  or  a  holiday,  the  day  before  is  the  day  of 
payment.  The  holder  may  maintain  his  acti(m  against  any  or  all  persons 
liable,  severally  or  on  the  note  or  bill. 

Bills  of  Lading  and  "Warehouse  Receipts.— Any  person  executing  or 
delivering  fictitious  bills  of  hiding  or  warehouse  receipts,  with  intent  to  de- 
fraud, shall  be  imprisoned  in  the  penitentiary  not  more  than  three  or  less 
than  one  year. 

Chattel  Mortgages. — ]Must  be  filed  with  clerk  of  townsliip  where  mort- 
gag(n-  resides,  or  with  ivcorder,  if  recorder's  office  is  located  in  said  town- 
ship. The  mortgage  must  have  on  it,  when  filed,  a  verified  statement  of  the 
amount  of  mortgagee's  claim,  and  that  it  is  just  and  unpaid.  It  may  be  re- 
newed by  refiling  w  ithin  thuty  days  of  the  exjjiration  of  one  year  from  the 
original  filing,  wlieu  a  new  verified  statement  must  be  made  of  the  amount 
then  due  on  claim. 

Claims  of  Decedents'  Estate. — ShouUl  be  filed.  ))ropcrly  verified  within 
one  year  from  the  appointment  of  administrator. — {See  Affidavits.) 

Conditional  Sales. — Where  ))ersonul  projierty  is  sold  to  be  paid  for  in  in- 
stalments or  otherwise,  on  condition  that  the  title  shall  remain  in  the  seller 

[O.  A.] 


628  OHIO. 

until  goods  are  fully  paid  for,  said  condition  shall  be  void  as  to  subsequent 
bona  fide  purchasers,  mortgagees  or  creditors,  unless  the  contract  is  in  writ- 
ing and  a  sworn  copy  thereof  is  at  the  time  of  execution  of  the  instrument 
deposited  with  the  township  clerk  or  county  recorder,  if  his  office  be  in  said 
township. 

Corporations. — ^lay  be  formed  for  any  purpose,  except  the  buying  and 
selling  of  real  estate.  May  be  sued  as  individuals.  Railroad  corporations 
may  be  sued  in  any  county  through  which  they  run.  Stockholders  are  liable 
to  an  amount  equal  to  their  stock  subscribed,  in  addition  to  such  subscrip- 
tions. 

Costs. — ^Non-residents  are  required  to  give  such  security  for  costs  as  may 
be  satisfactory  to  the  court  in  each  separate  case. 

Courts. — Terms  and  Jurisdiction  : 

Justices^  Courts  have  exclusive  original  jurisdiction  of  any  sum  not  ex- 
ceeding $100,  and  concurrent  jurisdiction  with  the  court  of  comnn)n  pleas  of 
any  sum  from  $100  to  $oOO. 

Superior  Courts  of  Cincinnati,  Cleveland  and  Dayton  have  the  same  gen- 
eral jurisdiction  in  actions  for  debt  that  is  exercised  by  the  courts  of  common 
pleas. 

Common  Pleas  Courts  have  original  jurisdiction  where  the  amount  in  con- 
troversy exceeds  $100. 

Probate  Coui't  has  jurisdiction  in  matters  of  assignment,  administration  of 
decedents'  estate,  etc. 

Court  Calendar.— 

UNITED  STATES  COURTS. 

Northprn  Dixtriot.— Circuit  Judge,  Howell  E.  Jackson,  of  Tennessee.  District 
Judge,  Martin  Welker,  of  Wooster,  O.  Clerk  of  Circuit  Court,  Augustus  J.  Ricks, 
Cleveland.    Clerk  of  District  Court,  Earl  Bill,  Cleveland. 

Terms  of  Circuit  and  District  Courts.— At  Cleveland,  1st  Tuesdays,  In  January, 
April  and  October.    At  Toledo,  1st  Tuesday  In  June. 

Southern  District.— Circuit  Judge,  Howell  E.  Jackson.  District  Judge,  Geo.  R. 
Sage  of  Cincinnati.    Clerk  of  Circuit  and  District  Cqurfs.  B.  R.  Cowen,  Cincinnati. 

Terms  of  Circuit  and  District  Courts.— At  Cincinnati,  1st  Tuesdays  in  February, 
April  and  October. 

STATE  COURTS. 

CIRCUIT  AND  COMMON  PLEAS. 

The  times  and  places  for  holding  the  Circuit  Courts  and  Courts  of  Common  Pleas 
it  1887  are  as  follows : 

County         County  Seat,     ^^^j^^    Circuit  Courts.  Dist.  j^^^'     Common  Pleas  Courts. 

Adams     .  .   .West  Union    .  4  April  5,  Nov.  17  .  5  1  Jan.  11,  May  10,  Oct.  4. 

Allen     .  .   .   .Lima 3  June7,  Nov.  22    .  .S  1  Feb.  1,  May  2,  Oct.  10. 

Ashland      .   .  Ashland    ...  .5  April  12,  Nov.  22  .  6  2  Feb.  2S,  Sept.  19.  Dec.  5. 

Ashtabula  .  .  Jeflferson  ...  7  March  15,  Oct.  18  9  3  Jan.  10,  Apr.  4,  Oct.  31. 

Athens    .  .   .  Athens  ....  4  Jan.  24,  Oct.  1    .   .  7  3  Feb.  7,  May  2,  Nov.  7. 

Auglaise  .  .   .  Wapakoneta  .  3  March  15,  Oct.  6  .  3  1  Jan.  4,  Apr.  11,  Sept.  12. 

Belmont ...  St.  Clair.sville  7  June  15,  Dec.  14   .  8  2  Feb.  8,  Apr.  26,  Oct.  4. 

Brown  ....  Georgetown   .  4  April  11,  Nov,  21 .  5  1  Feb.  15,  May  17,  Nov.  15. 

Butler   ....  Hamilton    .  .  1  April  11,  Oct.  10   .  2  1  Jan.  10,  May  2,  Oct.  10. 

Carroll.  .   .  .  CarroUton    .  .  7  Feb.  1,  Sept.  28     .  9  1  Jan.  4,  Apr.  26,  Oct.  11. 

Champaign   .  Urbana  ....  2  May  2,  Oct.  31    .  .  2  2  Jan.  10,  May  9,  Oct.  3. 

Clarke  .   .  .   .Springfield.   .  2  June  20,  Dec.  15   .  2  3  Jan.  10,  May  2,  Oct.  3. 

Clermont    .  .  Batavia  ....  1  April  5,  Oct.  3  .   .  5  1  Jan.  25,  ]May  31,  Nov.  15. 

Clinton    .  .  .Wilmington  .  1  May  9,  Oct.  .^1    ..23  J.an.  10,  ISIay  16,  Oct.  3. 

Columbiana  .  New  Lisbon    .  7  Jan.  18.  Sept.  22  .  9  1  Jan.  31,  May  16.  Oct.  31. 

Coshocton.  .Coshocton    .  .  5  April  26,  Nov.  9  .  6  3  Jan.  4,  Mar.  8.  Sept.  20. 

Crawford     .  .  Bucyrus    ...  3  Jan.  2.5,  Sept.  27  .  10  2  Jan.  3,  Apr.  4,  Sept.  12. 

Cuyahoga  .  .Cleveland    .  .  6  Jan.  4;  Sept.  13  .  .  4  3  Jan.  3,  Apr.  5,  Sept.  19. 

ro.  5  ] 


OHIO. 


629 


Darke   .  .  . 

.  (Jreenville  .  . 

2 

Defiance 

.  Defiance   .  .  . 

■.i 

Delaware    . 

.  Delaware  .  .  . 

5 

Erie    .... 

.  Sandusky  City 

G 

Fairfield  .  . 

.  Lancaster    .  . 

5 

Fayette    .  . 

.  W:ish.  C.  H.    . 

2 

Franklin 

.  Columbus    .  . 

2 

Fulton  .   .   . 

.  Wauseon  .  .  . 

3 

fJallla    .  .  . 

.  (iallipolis  .  .  . 
.  Chardon    .  .   . 

4 

(ieauga    .  . 

7 

<ireene  .  .   . 

.  Xenla 

2 

<Tuernsey    . 

.  Cambridsje  .  . 

7 

Hamilton   . 

.  Cincinnati  .   . 

1 

Hancock     . 

.  Findlay  .... 

3 

Hardin     .   . 

.  Kenton  .... 

3 

Harrison     . 

.  Cadiz 

7 

Henrv  .  .   . 

.  Napoleon  .  .  . 

3 

Highland    . 

.  Hillsborough 

4 

Hocking  .   . 

.  Logan 

4 

Holmes    .  . 

.  Millersburg     . 

5 

Huron  .  .  . 

.  Norwalk    .   .   . 

6 

Jackson   .  . 

. Jackson    .  .   . 

4 

.lefferson  .  . 

.  SteubenvlUe  . 

7 

Knox    .  .  . 

.  Mt.  Vernon     . 

5 

Lake .  .  .  .   , 

.  Painesville  .  . 

7 

Lawrence   . 

. Ironton  .... 

4 

Licking   .  . 

.  Newark     .   .   . 

5 

Logan    .  .  . 

.  Bellefontaine 

3 

Lorain  ... 

.  Elyria    .... 

6 

Lucas    .  .  . 

.  Toledo   .... 

6 

ALadison  .  . 

.  London  .... 

2 

Mahoning  . 

.  Youngstown  . 

7 

>rarion    .  . 

.  Marion  .... 

3 

Medina    .  . 

.  Medina  .... 

6 

Meigs    .  .   . 

.  Pomeroy  .  .  . 

4 

Mercer .  .  , 

.  Celina     .... 

3 

Miami  .  .  . 

.  Troy 

2 

Monroe    .  . 

.  Woodsfleld  .  . 

4 

Montgomery 

.  Dayton  .... 

2 

Morgan    .  . 

.  McConnelsv'le 

5 

Morrow    .  . 

.  Mt.  Gilead  .  . 

5 

Muskingum 

.  Zanesville    .  . 

o 

Noble    .  .   . 

.  Caldwell  .  .  . 

7 

Ottawa  .  .  . 

.  Port  Clinton  . 

6 

Paulding    . 

.  Paulding  .  .  . 

3 

Perry    .   .  . 

.  N.  Lexington 

5 

Pickaway  . 

.  Circleville    .  . 

4 

Pike  .... 

.  Waverly    .  .  . 

4 

Portage    .  . 

.  Ravenna  .  .  . 

7 

Preble   .  .  . 

.  Eaton 

2 

Putman  .  . 

.  Ottawa   .... 

3 

Klchland    . 

.  Mansfield     .  . 

.5 

Rosa  .... 

.  Chillicothe  .  . 

4 

Sandusky  . 

.  Fremont    .  .  . 

6 

Scioto    .   .   . 

.  Portsmouth    . 

4 

Seneca  .  .   . 

.  Tiflin 

3 

Shelby  .  .  . 

.  Sidney  .... 

2 

stark     .  .    . 

.  Canton  .... 

5 

Summit  .  . 

.  Akron     .... 

6 

Trumbull    . 

.  Warren  .... 

7 

Tuscarawas 

.  N.  Phil'delp'a 

5 

Union   .  .   . 

.  Marysville  .   . 

3 

Van  Wert  . 

.  Van  Wert    .   . 

3 

Vinton  .  .  . 

.  McArthur    .  . 

4 

Warren    .  . 

.  Lebanon   .  .  . 

1 

Washington 

.  Marietta  .  .  . 

4 

Wayne    .  .  , 

,  Wooster    .  .  . 

5 

Williams    .  . 

.  Bryan 

3 

Wood    .  .  . 

.  Bowling  Green 

3 

Wyandot    . 

.  Up.  Sandusky 

3 

May  10,  Nov.  9  .  , 
3    Apr.  20,  Nov.  15  . 
May  31,  Dec.  13 
June  16,  Nov.  28  . 
Jan.  11,  Sept.  6     . 
May  2  i,  Nov.  21    , 
Jan.  Id,  Sept.  21    , 
Apr.  12,  Oct.  27     . 
Mar.  1,  Oct.  21  .   . 
Mar.  1,  Oct.  4    .  . 
Apr.  5,  Oct.  10  .  . 
June  9,  Dee.  8  .  . 
Jan.  3,  Nov.  14  .   . 
Mar.  1,  Oct.  18  .   , 
Feb.  2:3,  Oct.  11  . 
May  31,  Nov.  29  , 
Apr.  19,  Nov.  1     , 
Apr.  26,  Nov.  28 
Feb.  3,  Oct.  8     .  . 
Apr.  19.  Nov.  1 
May  31,  Nov.  21 
Junel,  Dec.  20.  , 
May  24,  Nov.  22  . 
Mar.  8.  Oct.  4    .  . 
Feb.  8,  Oct.  6  .  .  . 
Mar.  15,  Oct.  31     , 
Mar.  22,  Oct.  II 
Feb.  15,  Sept  21  . 
May  23,  Dec.  n    , 
Mar.  15,  Oct.  25     , 
Apr.  14,  Oct.  17 
Apr.  26,  Nov.  9 
Jan.  18,  Sept.  13  , 
May  19,  Oct.  19  .   . 
Feb.  17,  Oct.  19  .   . 
Mav  24,  Dec.  1  .   , 
Apr.  18,  Oct.  20     , 
Jan.  12,  Sept.  22  . 
June  6,  Dec.  5    .  . 
Mav  10,  Oct.  18  . 
May  24,  Dec.  6  .  . 
Apr.  5,  Oct.  25  .   , 
June  7,  Dec.  6   . 
June  27,  Oct.  20 
May  10,  Nov.  17  . 
May  17,  Nov.  29  . 
May  4,  Dec.  5    .  , 
May  23,  Dec.  16 
Mar.  8,  Oct.  2o  .  . 
May  19,  Nov.  17  . 
May  31,  Dec.  6  .  , 
.Tan.  2.5,  Sept.  13, 
May  12,  Dec.  9  . 
•June  7,  Dec.  5,     . 
Mar.  22,  Nov.  10 
Mar.  22,  Dec.  13    . 
Apr.  2S,  Oct.  27     . 
Feb.  23,  Sept  27  . 
May  9,  Dec.  19  .  . 
Apr.  5,  Oct.  2S   . 
Mav  3,  Nov.  15 
Feb.  8,  Oct.  4     .   . 
Mav  17,  Nov.  29   , 
Fob.  9,  Oct.  12  .  . 
May2,  Oct.  24  .   , 
Jan.  17,  Sept.  26  , 
Feb.  S,  Sept.  21     . 
April  5,  Oct.  25    . 
Mar.  8,  Oct.  TO  .  . 
Feb.  1,  Sept.  15     . 


2 

1 

Jan. 

3 

2 

Jan. '. 

G 

1 

Jan. 

4 

1 

Feb. 

7 

1 

.Tan. ; 

5 

2 

Feb. 

5 

3 

.Tan. 

3 

3 

Feb. 

7 

3 

Jan. 

9 

3 

Jan. 

2 

3 

Jan. 

8 

1 

T-\'b. : 

1 

Jan.; 

10 

1 

Feb. 

10 

1 

Jan. 

8 

3 

Jan. 

3 

3 

Jan. 

5 

2 

Jan. 

7 

1 

Feb. 

6 

3 

Feb. 

4 

1 

Feb. 

7 

2 

Feb. 

8 

3 

.Tan. 

6 

1 

Feb. 

9 

3 

Feb. 

7 

2 

Mar. 

r, 

1 

Feb. 

V) 

3 

Jan. 

4 

2 

Jan. 

4 

1 

Jan. 

5 

3 

Mar. 

9 

2 

Jan. 

1) 

2 

Feb. 

4 

2 

Jan. 

7 

3 

Jan. 

3 

1 

Feb. 

2 

2 

Jan. 

8 

2 

Mar. 

2 

1 

Jan. 

8 

1 

Mar. 

6 

2 

Jan. 

8 

1 

Jan. 

8 

1 

Jan. 

4 

1 

Jan. 

3 

2 

Jan. : 

7 

1 

Mar. 

5 

3 

Jan. 

7 

2 

Jan. 

9 

2 

Jan. 

2 

1 

Feb. 

3 

3 

Jan. 

G 

2 

Apr. 

5 

2 

.Tan. 

4 

1 

.Tan. 

7 

2 

Feb, 

10 

1 

.Tan. 

9 

1 

1 

Jan. : 
Jan.  ; 

1 

'} 

Jan. 

9 

2 

Feb. 

8 

3 

Feb. 

10 

3 

Feb. 

3 

I 

Jan. 

7 

2 

Jan. 

2 

3 

Jan. 

7 

3 

Jan.: 

6 

3 

Mar. 

3 

2 

Feb. 

10 

1 

Feb. 

10 

2 

Mar. 

10,  May  16,  Oct.  10. 
24,  May  2,  Oct.  10. 
3,  Apr.  11,  Sept  26. 
U,  Mav  2,  Oct.  24. 
24,  Apr.  IS,  Oct.  24. 

14,  ^lay  2.  Nov.  21. 
10,  .\pr.  11,  Sept.  19. 
28,  JuneO,  Nov  .14. 
3,  Mar,  28,  Sept.  5. 
10,  Aur.4,  Oct.  31. 
10,  May  2.  Oct.  17. 

15,  Apr.  26,  Oct.  Is. 

3,  May  9,  Nov.  7. 
21,  May23,  Oct.  31. 
17,  .\pr.  18,  Sept.  19. 

4,  Mar.  29,  Sept.  6. 
4,  Mar.  29,  Sept.  (i 

10,  Apr.  5,  Oct.  17. 

14,  May  9,  Nov.  14. 
7.  Apr.  4,  Nov.  11. 
21,  May  16,  Nov.  7 
21,  May  16,  Nov.  11. 

11,  Apr.  5,  Sept.  20. 

15,  June  7,  Nov.  8. 
28,  Mav  9,  Nov.  28. 
,  21,  June  6,  Nov.  21. 

11,  Mav  2.  Oct.  3. 
10,  Apr.  4,  Sept.  12. 
31,  Apr.  11,  Oct.  3. 
3  Apr.  11,. Sept.  26. 
.  2,  June  1,  Nov.  9. 
3,  May  2,  Sept.  5. 
7,  May  2,  Oct.  17. 

3,  Mar.  14,  Sept.  19. 
17,  Apr.  4,  Sept.  5. 
28,  June  6,  Nov.  11. 
10,  Mav  2,  Oct.  3. 

,  15,  June  14,  Nov.  22. 
.  10,  May  2.  Oct.  3. 
•.  15,  June  11,  Sept.  27. 
17,  Apr.  IS,  Oct.  31. 

4,  Apr.  12,  Nov.  14. 
4,  Apr.  5,  Sept.  27. 
10,  Apr.  5,  Oct  3. 

3,  Apr.  4.  Sept.  5. 
7,  Mav  :V),  Oct.  17. 

4.  Apr.  18,  Sept.  20. 
31,  Apr.  25,  Oct.  li). 
3,  May  2,  Sept.  5. 
14,  June  6,  Nov.  21. 
31,  May  2,  Oct.  10. 
.  5,  Sept.  19,  Dec.  5. 

10,  Apr.  5.  Oct.  17. 
3,  Apr.  4,  Sept.  19. 
14,  May  2.  Oct.  10. 
17,  Apr.  11,  Sept.  19. 
3,  Mar.  21.  Sept.  12. 
3,  Mav  2,  Sept.  19. 
10,  May  2%  Sept.  12. 
14,  May  30,  Oct.  17. 
1,  Apr.  19.  Sept.  27. 
21,  Mav  16,  Oct.  24. 
24,  May  9,  Oct.  10. 
10,  Apr.  5,  Sept.  12. 
10,  Mav9.  Oct.  17. 
24,  Apr.  25,  Oct.  3. 
7,  Sept.  ]2,  Nov.  28. 
28,  June  G,  Nov.  14. 
21,  May  23,  Nov.  10. 
.  7,  May  30,  Nov.  14, 


Curtesy. — The  state  by  curtesy  is  abolished,  but  a  widower  who  has  not 
reliiK^iiished  or  been  barred  of  the  same  shall  be  endowed  of  an  estate  for 
life  in  one-third  of  all  tlie  real  property,  for  which  the  deceased  consort  was 
.seized  as  an  estate  of  inheritance,  at  any  time  durinj?  tlie  niarriaii'e  and  in 
one-third  of  all  the  real  i)roperty.  of  which  the  deceased  consort  at  decease, 
held  the  fee  simple,  in  reversion  or  remainder.     [Laws  of  1887,  §4189.] 

[O.  G.] 


630  OHIO. 

Deeds,  Mortgages,  Leases.— ^lust  he  signed  by  grantors  in  presence  or 
two  witne.s.ses.  No  seal  necessary.  Mnst  be  acknowledged  before  proper 
officer  (see  Acknowledgments),  who  ninst  certify  such  acknowledgment  on 
the  same  sheet  with  the  instrument.  Under  laws  of  1887,  a  married  person 
may  take,  hold,  and  dispose  of  property,  real  or  personal,  the  same  as  if  un- 
married. Deeds  should  be  recorded  within  six  months  after  their  date,  and 
those  first  presented  for  record  have  precedence,  and  mortgages  first  recorded 
have  preference.  Mortgages  have  no  validity  as  between  third  parties  until 
recorded. — {See  Leases  and  Mortgages.) 

Form  of  Deed — Mortgage  same,  except  Proviso  or  Defeasance. 

Know  all  men  by  these  presents,  That  A.  B.  and  C.  D.,  his  wife,  of .  in 

consideration  of dollars,  to paid  by  E.   F.,  the  receipt  whereof  is 

hereby  acknowledged,  do  hereby  grant,  bargain,  sell  and  convey  to  the  said 

,  heirs  and  assigns  forever  (here  describe  property),  and  all  the  estate, 

title  and  interest  of  the  said ,  either  in  law  or  in  equity,  of,  in  and  to  the 

said  premises ;  together  with  all  the  ijrivileges  and  appurtenances  to  the 
same  belonging  ;  to  have  and  to  hold  the  same  to  the  only  proper  use  of  the 
said ,  heirs  and  assigns  forever,  and  the  said ,  for ,  heirs,  execu- 
tors  and  administrators,  do  hereby  covenant  with  the  said ,  heirs  and 

assigns,  that •  the  true  and  lawful  owner  of  the  said  premises,  and  ha — 

full  power  to  convey  the  same  ;  and  that  the  title  so  conveyed  is  clear,  free 

and  unincumbered  ;  and,  further,  that will  warrant  and  defend  the  same 

against  all  claim  or  claims  of  all  persons  whatsoever. 

Ill  witness  whereof.  The  said  A.  B.  and  C.  D.,  his  wife,  W'ho hereby 

release right  and  expectancy  of  dower  in  the  said  premises,  ha —  here- 
unto set hand  and  seal ,  this day  of ,  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and . 

Signed,  sealed,  acknowledged  and  delivered  "] 
in  the  presence  of  us.  I 

.  I  -.  [seal.] 

.  J  .  [seat,.] 

(Two  -witnesses.) 

Depositions.— May  be  taken  before  a  notary  public,  justice  of  the  peace, 
judge  or  clerk  of  common  pleas,  superior,  probate  or  police  court,  mayor  or 
town  master,  commissioner,  or  person  empowered  by  special  commission. 
To  be  used  in  this  state,  must  be  taken  by  person  authorized  by  this  state. 
Taken  in  other  states,  may  be  taken  before  judge,  justice  or  chancellor  of 
any  court  of  record,  justice  of  peace,  notary  public,  or  chief  magistrate  of 
any  city  or  town,  mayor,  commissioner,  or  any  person  authorized  by  special 
commission  from  this  state.  Notice  must  be  given  to  the  adverse  party  in 
writing,  specifying  the  action,  the  court  in  which  it  is  to  be  used,  and  time 
and  place  of  taking  them.  If  the  party  to  the  suit  is  to  give  his  deposition, 
notice  must  be  given  of  the  fact. 

The  adverse  party  must  have  sufficient  time,  (exclusive  of  Sunday,  day  of 
service,  and  one  day  for  pr('i)aration,)  to  travel  to  place  of  taking,  by  usual 
route.  Notice  may  be  given  to  the  party's  agent  or  attorney  of  record, 
^lust  be  taken  and  reduced  to  writing  in  the  presence  of  the  officer.  ]Must 
be  written  by  officer,  witness,  or  some  disinterested  person.  Tlie  officer  must 
not  be  a  relative  or  attorney  of  either  i)arty,  or  interested  in  the  event  of  the 
suit,  and  must  add  to  the  deposition  his  cc-rtificate  of  the  following  facts  : 
1st.  That  the  witnesses  were  first  sworn  to  tell  the  truth,  the  whole  truth, 
and  nothing  but  tlie  truth  ;  2d.  That  thede]>ositions  were  reduced  to  writing 
by  him,  or  some  proper  ])erson,  and  subscribed  by  witness  in  his  presence  : 
3d.  That  they  were  taken  at  the  time  and  ])lace  s])ecified  in  the  notice. 

[O.  7.] 


OHIO.  631 

Examinations  may,  if  so  stated  m  the  notice,  be  from  day  to  day  ;  pro- 
vidinj;  some  testimony  be  taken  each  day.  Adjournments  should  he  noted. 
The  othcer  must  set  his  hand  and  seal  to  tlie  eurtiticate.  Tiiey  must  lie 
sealed  up  and  addressed  by  the  othcer  to  the  clerk  of  the  court  wiici'e  action 
is  ])endin>,',  and  the  envelope  must  be  endorsed,  "Dci)i)sitions  in  the  case  of 
A.  vs.  li.,  taken,  sealed,  addressed  and  transmitted  by  me,"  and  signing  Ids 
name  and  official  character.  Must  be;  filed  at  least  one  day  before  trial. 
Dej)osit ions  can  be  nsi'd  only,  1st.  When  the  witness  does  not  reside  in  the 
county  where  the  action  is  pending,  or  is  sent  for  trial  by  change  of  venue, 
oris  absent  therefrom  ;  2d.  When  witness  is  dead  or  unable  to  attend  court, 
by  reason  of  age,  infirmity  or  imprisonment ;  8d.  When  testimony  is  re- 
quired on  motion,  or  in  any  other  case  where  the  oral  examination  of  wit- 
nesses is  not  required. 

Depositions  may  be  taken  at  any  time  after  service  on  defendant,  of  the 
summons  in  the  action. 

Descent  and  Distribution. — The  real  estate  of  any  deceased  intestate 
which  shall  have  come  by  descent,  devise,  or  deed,  or  gift,  from  any  ancestor, 
descends  to  his  or  her  kindred,  in  the  following  course  :  1st.  To  the  children 
or  their  legal  representatives  ;  2.  If  no  children  or  their  legal  representatives, 
then  to  the  husband  and  wife  during  his  or  her  natural  life  ;  8d.  If  no  hus- 
band or  wife,  then  to  the  brothers  and  sisters  of  the  blood  of  ancestor,  from 
whom  the  estate  came,  or  to  their  legal  representatives  ;  4th.  If  no  such 
brothers  or  sisters,  or  their  legal  representatives,  then  ascends  to  the  ances- 
tor, if  living,  from  whom  the  estate  came  by  deed  or  gift ;  5th.  If  ancestor 
deceased,  then  to  children  of  such  ancestor,  or  their  legal  representatives, 
etc.  If  the  estate  came  not  by  descent,  devise,  or  deed  of  gift,  it  descends  as 
follows  ;  1st.  To  the  children  or  their  legal  representatives  ;  2d.  If  no  chil- 
dren, then  to  the  husband  or  wife  ;  3d.  If  no  husband  or  wife,  then  to  the 

brothers  and  sisters  of  the  wiiole  blood  and  their  legal  representatives  ;  4th. 
If  none  of  the  latter,  or  their  legal  representatives,  then  to  the  brothers  and 
sisters  of  the  half  blood,  and  their  legal  representatives  ;  Hth.  If  none  of 
these,  then  to  the  father,  if  living,  if  not  to  the  mother  ;  Gth.  If  father  ami 
mother  dead,  then  to  the  next  of  kin,  and  their  legal  representatives  to  and 
of  the  blood  of  the  intestate. 

Tlie  pei'sonal  property  of  a  deceased  intestate  shall  be  distributed  agreeably 
to  the  course  described  as  to  real  estate  which  came  not  by  devise,  descent, 
or  deed  of  gift,  saving,  however,  such  right  as  the  widow  may  have  in  any 
liortion  of  the  ])ersonal  estate.  When  the  intestate  leaves  no  child,  the 
widow  is  entitled  to  the  ])ersonal  estates,  as  next  of  kin,  which  shall  be  sub- 
ject to  distribution  on  settlement  of  the  estate,  but  if  there  should  be  such 
child,  the  widow  takes  one-half  of  any  sum  not  exceeding  four  hundred 
dollar.s,  and  one-third  of  the  residue. 

Divorce. — Grounds  for  divorce  :  1st.  Where  either  of  the  parties  had  a 
former  husband  or  wife  living  at  the  time  of  second  marriage  ;  2d.  Where 
either  of  the  partii'S  has  been  wilfully  absent  tVoni  the  other  for  three  years  ; 
3d.  Adultery;  4th.  Inipotency;  r)th.  Extreme  cruelty;  Gth.  Fraudulent 
contra('t ;  7th.  Gross  neglect  t)f  duty  ;  8th.  llaliitual  drunkenness  for  three 
years;  J)th.  Where  eitlier  of  the  jiarties  is  actually  imprisoned  in  tlie  pene- 
tentiaiy  of  any  state  or  territory,  for  any  violation  of  the  laws  of  such  state 
or  territory,  or  of  the  United  Stati's.  i)rovidi-d  that  the  offence  is  such  as  in 
this  state  is  punished  by  inij)risonmcnt  in  the  iienetcntiary  ;  10th.  The  pro- 
curemcnit  of  a  divorce  witiiont  this  state,  by  a  husband  or  wife,  by  virtue  of 
which  the  party  wlio  procured  it.  is  released  from  the  obligaticms  of  the  mar- 
riage, while  the  same  remains  binding  upon  the  other  party. 

Dower. — A  widow  shall  be  endowed  of  an  estate  for  life,  of  one-third  of 
all  lands  other  husband,  held  by  him  dui'ing  theii"  coverture,  unless  she  has 
joined  liim  in  conveying  the  same  to  others. 
[O.  8.] 


632  OHIO. 

Executions. — Issue  from  the  court  of  common  pleas  to  any  county.  Exe- 
cution against  tlie  person  will  only  issue  when  the  judge  of  one  of  the.  supe- 
rior courts  is  satisfied  of  the  existence  of  cause — such  as  concealment  of  prop- 
erty by  the  debtor — or  where  debtor  was  arrested  before  judgment,  and  not 
discharged  under  the  law.  Lands  levied  on,  must  be  appraised  by  three  dis- 
interested freeholders,  and  cannot  be  sold  for  less  than  two-thirds  of  such 
appraisement.  Executions  are  stayed  before  justices,  by  entering  into  a 
bond  to  adverse  party,  within  ten  days  after  rendition  of  judgment,  on  judg- 
ments for  $5  and  under,  sixty  days  ;  $5  and  under  $20,  ninety  days  ;  $20  and 
under  $50,  one  hundred  and  fifty  days  ;  $50  and  upward,  two  hundred  and 
forty  days.  No  stay  on  judgment  in  favor  of  any  person  for  wages  due  for 
manual  labor  performed.  No  stay  of  execution  can  be  had  in  courts  superior 
to  justices'  courts,  excejit  by  virtue  of  proceedings  in  error  or  appeal. 

Exemptions. — Every  person  who  has  a  family,  and  every  widow,  may  hold 
the  following  property  exempt  from  execution,  attachment  or  sale  for  any 
debt,  damages,  fine  or  amercement  : 

1st.  The  wearing  apparel  of  such  person  or  family,  beds,  bedsteads  and 
bedding  necessary  for  the  same,  one  cooking  stove  and  pipe,  one  stove  and 
pipe  used  for  warming  the  dwelling,  and  fuel  for  sixty  days,  actually  pro- 
vided and  designed  for  the  use  of  such  person  or  family.  2d.  One  cow,  or, 
if  the  debtor  owns  none,  household  furniture  to  be  selected  by  such  debtor 
not  exceeding  $35  in  value  ;  two  swine  or  the  pork  therefrom,  or,  if  the  deb- 
tor owns  no  swine,  household  furniture  to  be  selected  by  such  debtor,  not 
exceeding  $15  in  value  ;  six  sheep,  their  wool  and  the  cloth  or  other  articles 
manufactured  therefrom,  or,  in  lieu  thereof,  household  furniture,  to  be  se- 
lected by  the  debtor,  not  exceeding  $15,  and  food  for  such  animals  for  sixty 
days.  3d.  Bibles,  hymn-books,  psalm-books,  testaments  and  school-books 
used  in  the  family,  and  all  family  pictures.  4th.  Provisions  actually  pro- 
vided and  designed  for  the  use  of  such  person  or  family,  not  exceeding  $50 
in  value,  and  other  articles  of  household  or  kitchen  furniture  necessary  for 
such  person  or  family,  not  exceeding  $50  in  value.  5th.  One  sewing  machine, 
one  knitting  machine,  and  all  the  tools  and  implements  necessary  for  carry- 
ing on  his  or  her  trade  or  business,  whether  mechanical  or  agricultural,  not 
exceeding  $100  in  value.  6th.  The  personal  earnings  of  the  debtor  and  of  his 
or  her  minor  child  or  children  for  three  mouths,  when  it  is  made  to  appear  by 
affidavit  that  such  earnings  are  necessary  for  such  person  or  family.  7th. 
All  articles,  specimens  and  cabinets  of  natural  history  or  science,  except 
such  as  are  intended  for  show  or  exhibition  for  money  or  pecuniary  gair. 
8th.  Every  drayman,  who  is  the  head  of  a  family,  in  addition  to  tlie  above 
exemptions,  shall  hold  one  horse,  harness  and  dray,  exempt  from  execution. 
Every  agriculturist  who  is  the  head  of  a  family,  in  addition  to  the  exemp- 
tions specified  in  paragraphs  one  to  seven,  inclusive,  shall  hold  exempt  from 
execution  one  horse  or  one  yoke  of  cattle,  with  the  necessary  gearing  for  the 
same,  one  wagon  ;  and  every  practitioner  of  medicine,  the  head  of  a  family, 
in  addition  to  the  exemptions  specified  in  paragraphs  one  to  seven,  inclusive, 
shall  hold  exempt  one  horse,  one  saddle  and  bridle,  and  also  books,  medi- 
cines and  instruments  iiertaining  to  his  profession,  not  exceeding  $100  in 
value. 

The  above  exemption  may  be  claimed  by  any  one  who  has  a  family  and  by 
every  widow  against  whom  an  action  is  prosecuted  in  this  state,  whether 
such  debtor  is  or  is  not  a  resident  of  this  state. 

Every  unmarried  woman  may  hold  the  following  jiroperty  exempt  from 
executi(m,  attachment  or  sale  : 

1st.  Wearing  apparel  not  exceeding  $100.  2d.  One  sewing-machine.  3d. 
One  knitting-machine.  4th.  A  bible,  hymn-book,  psalm-book  and  any  other 
books  not  exceeding  in  value  $25. 

Any  beneficiary  fund,  not  exceeding  $5,000,  set  apart,  appropriated  or  paid 
by  any  benevolent  association  or  society,  according  to  its  rules  and  regnla- 
tions,  to  the  family  of  any  deceased  member,  or  to  any  member  of  such 
family,  shall  not  be  liable  to  be  taken  by  any  process  or  proceedings,  legal 
or  equitable,  to  i)ay  any  debt  of  such  deceased  member. 

[O.  0.1 


OHIO.  633 

The  refjalia,  insiffuia  of  office,  joumals  of  proceedings,  account  books  and 
the  private  work  belonging  to  any  benevolent  society  in  this  state,  shall  be 
exempt,  etc. 

All  property  used  by  any  municipal  corporation  or  fire  company  for  the 
purpose  of  extinguishing  fire  sliall  be  exempt,  but  the  owner  may  create 
liens  thereon  by  mortgage,  etc.  Any  resident,  being  the  head  of  a  family 
and  not  the  owner  of  a  homestead,  can  hold  other  personal  property,  to  l>e 
selected  by  him  and  appraised  at  not  over  $500,  in  addition  to  the  chattel 
property  specified  above.  No  exemption  rims  against  claim  for  labor  amount- 
ing to  less  than  $100 

False  Pretenses. — Punishment  shall  be  by  imprisonment  not  more  than 
three  or  less  than  one  year  in  the  penitentiary,  if  value  of  article  obtained 
by  false  pretenses  exceeds  $35,  if  less,  is  punishable  by  fine  not  exceeding 
$100  nor  less  than  $10,  or  imprisonment  not  more  than  sixty  or  less  than  ten 
days,  or  both. 

Frauds,  Statute  of. — No  action  shall  be  brought  whereby  to  charge  the 
defendant,  upon  any  special  promise  to  answer  for  the  debt,  default  or  mis- 
carriage, of  another  person ;  nor  to  charge  any  executor  or  administrator 
upon  any  special  promise  to  answer  damages  out  of  his  own  state  ;  nor  to 
charge  any  person  upon  any  agreement  made  in  consideration  of  marriage, 
or  upon  any  contract,  sale  of  lands,  tenements  or  hereditaments,  or  any  in- 
terest in  or  concerning  them,  nor  upon  any  agreement  that  is  not  to  be  per- 
formed within  the  space  of  one  year  from  the  making  thereof ;  unless  the 
agreement  upon  which  such  action  is  brought,  or  some  memorandum  or  note 
thereof  is  in  writing,  and  signed  by  the  party  to  be  charged  thereby,  or  some 
other  person  thereunto  by  him  or  her,  lawfully  authorized. 

Garnislnnent. — (See  Attachment. ) 

Grace. — {See  Bills  and  Notes.) 

Homestead. — {See  Exemptions.) 

Insolvent  Laws.— (<See  Assignments.) 

Interest. — The  le^al  rate  is  six  per  cent.  Parties  may  contract  in  writing 
for  eight  per  cent.  No  penalty  is  attached  for  the  violation  of  the  law.  If 
a  contract  is  made  for  a  higher  rate  than  eight  per  cent.,  the  contract  as  to 
interest  is  void,  and  the  recovery  is  limited  to  the  principal  sum  and  six  per 
cent.  Interest  is  computed  upon  judgment  and  decrees  at  the  rate  si)ecified 
in  the  instrument  upon  which  said  judgment  or  decree  is  rendered.  Open 
accounts  draw  interest  after  statement  is  made  and  account  rendered.  Inter- 
est from  and  after  maturity  may  be  allowed  on  items  of  wages  or  salary, 
payable  monthly. 

Juctices  of  the  Peace. — Claims  generally  (accounts,  notes,  etc.),  not  ex- 
ceeding one  hundred  dollars,  must  be  brought  before  justice  of  the  peace. 
Claims  exceeding  that  amount  and  not  exceeding  three  hundred  dollars,  may 
be  brought  before  a  justice  of  tlie  jjeace,  or  in  common  pleas  court.  Defen- 
dant must  be  served  three  days  before  the  trial  with  notice. 

Judgments. — Arc  a  lien  on  real  estate  of  defendant  within  the  county  for 
five  years,  then  they  become  dormant,  but  can  be  revived  any  time  within 
twenty-one  years.  They  can  be  kept  alive  by  issuing  execution  once  every 
five  years.  If  execution  be  not  levied  on  defendant's  real  estate  within  one 
year  after  rendition  of  the  judgment,  said  judgment  shall  not  operate  to  the 
prejudice  of  any  other  judgment  creditor. 
10.  10.] 


63-1  OHIO. 

Landlord  and  Tenant.— ('^f  Limitations.) 

Leases.— (*Ve<;  Deeds,  etc.) 

License. — Is  required  for  keeping  iiiid  transportation  of  gunpowder,  for 
shows,  auction,  etc.,  of  pawnbrokers  and  of  peddlers. 

Liens. — {See  3Icchanic>i^   Liens.) 

Limitations  of  Actions  or  Suits. — Actions  for  recovery  of  real  property 
limited  to  twenty-one  years.  For  forcible  entry  and  detention  of  real  proj)- 
erty,  two  years  fi-om  time  right  accrued.  Within  fifteen  years  :  Action  upon 
specialty  or  any  contract  or  agreement  in  writing.  Within  six  years  :  Ac- 
tions upon  contract  not  in  writing,  express  or  implied,  and  actions  upon  stat- 
utory liability  other  than  forfeiture  or  penalty.  Within  four  years  :  For 
trespass  on  real  property,  for  taking,  detaining,  or  injuring  personal  i)roi3- 
erty,  for  specific  recovery  of  personal  property,  for  injuries  to  rights  of  plain- 
tiff not  arising  on  contract,  and  for  relief  on  giound  of  fraud.  Within  one 
year:  For  libel,  slander,  assault,  battery,  malicious  prosecution,  false  im- 
prisonment, and  for  i)enalty  or  forfeiture  under  a  statute.  Within  ten  years: 
Upon  bond  of  any  officer,  or  any  bond  or  undertaking  given  in  any  case  re- 
quired by  statute  and  other  actions.  A  promise  or  acknowledgment  in  writ- 
ing, signed  by  the  party,  revives  the  cause.  If  an  action  is  barred  in  the 
state  where  the  cause  of  action  arose,  it  is  also  barred  in  tliis  state.  If  a 
debtor  is  out  of  the  state,  or  has  absconded  or  concealed  himself,  the  time 
does  not  begin  to  run  until  he  returns.  Persons  within  twenty-one  years  of 
age,  imprisoned  or  insane,  and  married  women,  may  bring  the  action  within 
the  above  times,  a  fter  such  disability  is  removed,  except  in  cases  of  recovery  of 
real  estate,  then  they  may  bring  the  action  within  ten  years  after  the  removal 
of  such  disability,  and  after  the  expiration  of  twenty-one  years. 

Married  Women. — Retain  all  their  separate  property,  real  and  personal, 
owned  at  marriage  or  ac(iuired  thereafter,  with  all  the  rents,  incomes  and 
profits  thereof.  Wife  can  contract  for  the  improvement,  repair  and  cultiva- 
tit»n  of  her  real  estate,  and  may  lease  the  same  IVtr  not  exceeding  three  years. 
A  married  woman  engaged  in  business  may  sue  and  be  sued  alone,  and  her 
separate  property  is  liable  for  any  judgment  rendered  against  licr.  The  hus- 
band miist  unite  in  all  deeds  and  mortgages  of  the  wife's  separate  real  estate. 
A  widow  is  entitle<l  to  dower  in  all  real  estate  owned  by  her  husband  during 
her  coverture. 

A  married  woman  can  sue  or  be  sued  as  if  she  were  unmarried,  and  her 
husband  shall  be  joined  with  her  only  when  the  cause  of  action  is  in  favor  of 
or  against  both  her  and  her  husband. 

When  a  married  woman  sues  or  is  sued,  like  proceedings  shall  be  had  and 
judgment  rendered  and  oiforced  as  if  she  were  unmarried,  and  her  ])roperty 
and  estate  shall  be  liable  for  a  judgment  against  her,  subject  to  exemptions 
to  heads  of  families. 

A  married  person  may  take,  hold  and  dispose  of  property,  real  or  personal, 
the  same  as  if  unmarried.  Neither  husband  or  wife,  as  such  is  answerable 
for  the  acts  of  the  other. 

Mechanics  and  other  Liens.— Any  one  performing  labor  or  furnishing  ma- 
terial forciinstnicting,  etc;.,  streets,  sidewalks,  drains,  etc.,  under ccmtract with 
theowner  of  abutting  land,  .shall  have  a  lien  for  payment  of  the  same  against 
such  land.  Any  one  conti'acting  for  construction  of  a  railroad,  or  railroad 
buildings,  may  aci^uire  a  lien  on  the  property  to  secure  payment.  Such  lieu 
exists  for  one  year,  and  is  acquired  by  filing  with  the  recorder  of  the  county, 
an  itemized,  verifit'd  statement  of  the  claim,  within  thirty  days  from  the  ex- 
I)iration  of  three  months  from  the  time  said  materials  were  fui'uished  or  labor 
y)erformed.  Wheie  the  party  taking  out  such  a  lien  is  sulvcontractor,  he 
must  also  at  the  same  time  that  he  files  the  account  with  the  auditor,  file 
duplicate  with  the  owner  of  the  property,  a  duplicate  account  thereof. 

ro.  11.1 


OHIO.  035 

Minors. — Maks  attain  majority  at  twenty-one  years  of  age.  Females  at 
eigliteen. 

Mortgages. — Must  be  executed  as  deeds,  and  the  first  mortgage  recorded 
has  the  prel'erenee.  Are  foreclosed  by  suit  in  the  court  of  common  pleas, 
and  there  is  no  redemption  of  lands  sold  under  foreclosure.  Chattel  moil- 
gages,  or  a  true  copy  thereof,  must  be  deposited  with  the  clerk  of  the  town- 
ship where  tlie  mortgagor  resides  at  the  time  of  the  execution  thereof,  if  a 
resident  of  the  state,  and  if  not  such  resident,  then  with  the  clerk  of  the 
township  in  which  the  property  so  mortgaged  is  situated  at  the  time  of  the 
execution  of  the  instrument ;  but,  when  the  mortgagor  is  a  resident  of  a 
township  in  whiih  the  office  of  county  recorder  is  kept,  or  when  he  is  a  non- 
resident of  the  state  and  the  property  is  within  such  township,  the  mortgage 
shall  be  filed  with  the  county  recorder. 

Every  chattel  mortgage  so  filed  shall  be  void  as  against  the  creditors  of 
the  person  making  the  same,  or  against  subsequent  purchasers  or  mortga- 
gees in  good  faith,  after  the  expiration  of  one  year  from  the  filing  thereof, 
unless  within  thirty  days  next  preceding  the  expiration  of  said  term  of  one 
year,  a  true  copy  of  said  mortgage,  together  with  a  statement,  verified,  ex- 
hibiting the  interest  of  the  mortgagee  in  the  property  at  the  time  last  afore- 
said, claimed  by  virtue  of  such  mortgage,  is  again  tiled  in  the  office  where 
the  original  was  filed. 

Notes  and  Bills  of  Exchange. — (See  Bills  of  Exchamje  and  Fromissory 
Notes.) 

Partnership. — General  or  Limited. — In  the  formation  of  general  partner- 
ships no  prescribed  fonns  are  required,  nor  is  any  record  of  the  partnerships 
required.  Each  partner  is  liable  for  all  the  debts  of  the  firm  without  regard 
to  what  the  private  arrangements  between  the  partners  may  be.  Limited 
partnerships  may  also  be  formed,  having  in  addition  to  the  general  partners 
special  partners,  who  are  liable  only  for  the  amount  of  capital  they  put  in. 
They  are  required  to  publish  in  a  newspaper  notice  that  such  partners  are 
si)ecial  partners  and  to  add  '•  limited"  to  the  sign  on  their  iilace  of  business. 

Proof  of  Claims. — Affidavit  must  set  forth  that  the  claim  is  just  due  and 
unpaid  ;  the  amount  due  thereon  ;  consideration  therefor  ;  time  from  which 
interest  dates  ;  that  there  are  no  set-offs  or  counter-claims  against  same,  and 
that  the  owner  has  no  security  thei'efor.     Accounts  must  be  itemized. 

Recording. — {See  Deeds.) 

Redemption. — There  is  no  statutory  time  for  redemption  of  real  estate 
sale  in  foreclosure  proceedings,  etc.  The  practice  is  for  the  court  to  decree 
that  the  property  be  sold  on  a  certain  day,  usually  thirty  days  from  the  date 
of  the  decree,  unless  redeemed  previous  to  the  sale. 

Replevin, — Affidavit  for. — In  actions  before  a  justice  of  the  peace  must 
show  :  1st.  Description  of  the  property,  2d,  That  plaintiff  is  t)wner  there- 
of, or  has  special  ownership  therein,  and  that  he  is  entitled  to  the  immeiliate 
possession  thereof.  3d.  That  the  property  is  wrongfully  detained  by  tlefen- 
dant.  4th.  That  it  was  not  taken  in  execution  on  any  order  or  judgment 
against  plaintiff  or  for  any  taxes,  fine,  or  amercement  assessed  against  him. 
or  other  mesne,  or  final  process  issued  against  liim.  Or  may  omit  first  and 
second  clauses  and  in  lieu  thereof  show  that  property  was  taken  on  execution 
and  that  defendant  is  exempt  from  such  execution  under  laws  of  this  state. 

Revivor. — Judgments  may  be  revived  by  action  brought  thereon  at  any 
time  within  twenty-one  years  from  the  time  that  they  become  dormant. 

Seal. — Notary  public  requires  seal.  Private  seals  (on  deeds,  mortgages, 
etc.,)  are  abolishe<l  by  statute. 

Stay  of  Execution. — {See  Execution,.) 
[O.  12] 


636  OHIO. 

Supplementary  Proceedings. — May  be  had  after  execution  is  returned 
"no  good.s,  chattels,  hinds,  etc-.,  \vhereon  to  levy,''  and  under  such  proceed- 
ings the  debtor  or  debtor's  debtors  may  be  examined,  touching  his  property. 

Taxes. — Become  a  lien  on  real  estate  on  the  day  preceding  the  second 
Monday  in  Aj^ril,  in  each  year. 

Trust  Deeds. — (See  Mortfia:ie«.) 

Usury. — {See  Interest.) 

Wills. — Require  two  witnesses,  who  must  sign  in  the  presence  of  each 
other  and  in  the  presence  of  the  testator  and  at  his  request,  and  certificate 
must  show  that  he  requested  them  to  sign  this,  his  last  will  and  testament. 

Wages. — Must,  in  absence  of  any  contract  to  the  contrary,  be  paid  twice 
in  each  month,  if  demand  in  writing  is  made  therefor  l)y  a  majority  of  their 
employees,  of  mining,  manufacturing  or  mechanical  firms,  persons,  or  cor- 
porations. 


ro.  13.1 


OHIO. 


637 


ATTORNEYS  IN   OHIO. 


Bold  Face  Type  denotes  county  scats.       A  dash  (— )  less  than  100  population. 
Figures  after  names  when  admitted  to  the  Bar.       A  star  (*J  Notaries  Public. 
A  double  dagger  (t)  our  Compiler  of  Laws. 
A  dagger  (f)  former  recommendations  withdrawn. 


PLACE. 

COUNTY. 

NAMES    OF  ATTORNEYS. 

popula'n 

Ada 

Hardin 

R.  F.  Black. 

1,900 

Akron 

Summit 

L.  K.  Mihills. 

25.000 

Alliance 

Stark 

Coulter  &  Brosius. 

6,000 

Antwerp 

Paulding 

W.  H.  Snook. 

1,550 

Ashland 

Ashland 

Campbell  &  Grosscup. 

4.000 

Ashtabula 

Ashtabula 

R.  W.  Calvin. 

0,000 

Athens 

Athens 

Wood  &  Wood. 

3,000 

Bariiesville 

Belmont 

E.  L.  Petty. 

2,435 

Batavia 

Clermont 

West  <fc  Hicks. 

1,250 

Bellaire 

Belmont 

J.  F.  Anderson. 

8,025 

Bellefontaine 

Logan 

Wm.  Lawrence. 

4,000 

Belleville 

Ricliland 

A.  H.  Redding. 

1,500 

Bellevue 

Huron 

J.  B.  Miller. 

3,500 

Blanchester 

Clinton 

D.  B.  Scott. 

1,500 

Blufifton 

Alien 

A.  J.  Owens. 

1,290 

Bowling  Green 

Wood 

F.  A.  Baldwin. 

2,000 

Bradford 

3Iiami 

N.  Iddings. 

2,373 

Bridgeport 

Belmont 

(See  Martiii's  Ferry.) 

2,325 

Bryan 

"Williams 

.TOHN  W.  LEIDHIGH,  ' 

72.      3,200 

Bucjrrus 

Crawford 

F.  Adams. 

5,000 

Cadiz 

Harrison 

S.  B.  Shotwell. 

1,900 

Caldwell 

Noble 

D.  S.  Spriggs. 

1,200 

Cambridge 

Guernsey 

R.  AV.  Anderson. 

4,000 

Canal  Dover 

Tuscarawas 

J.  A.  Hostettler. 

2,423 

Canton 

Stfark 

j  Day  &  Lynch. 
1 1  -4.  C.  Hiner. 

20,000 

Cardington 

Morrow 

T.  E.  Duncan. 

1,500 

Carey 

Wyandot 

W.  T.  Dickerson. 

1.500 

CarroUton 

Carroll 

Hon.  Robert  Raley, 

1,136 

Celina 

Mercer 

T.  T.  Godfrey. 

3,000 

Chagrin  Falls 

Cuyahoga 

A.  R.  Odell. 

1.800 

Chardon 

Geauga 

Bostwick  &  Carroll. 

1,500 

Chai-loe 

Paulding 

P.  W.  Hardestv. 

140 

Chillicothe 

Ross 

Hon.  31.  L.  Clark. 

12,000 

Cincinnati. 

Hamilton 

County.         Population  255 

,708 

Blackburn,  C.  H.,  N.  W.  Cor.  6th  &  Walnut  Sts. 

Sec  Card  in  Appendix,  page  xvii. 

X  Cobb,  Orris  P.,  S.  E.  Cor.  9th  &  Main  St. 

See  Card  in  Appendix,  page  xvii. 

SMEDES,  .JOHN  M.,  '82,  218  Main  Sts. 


<338 


OHIO. 


PLACE. 

COUNTY. 

NAMES   OF    ATTORNEYS.      POPULA  N. 

Circleville 

Pickaway 

H.  F.  Page. 
C  Webster  &  Angell. 

6,500 

Cleveland 

Cuyahoga 

?          Mercantile  Bank  Bld'g. 
(  f  Andrew  J.  Sanford. 

225,000 

Clyde 

Sandusky 

J.  M.  Lemmon. 

2,800 

Columbiana 

Columbiana 

F.  A.  Witt. 

1,800 

Columbus 

Franklin 

Alberry  &  Alberry. 

70,000 

Columbus  Grove 

Putnam 

N.  W.  Ogan. 

2,000 

Conneaut 

Ashtabula 

A.  K.  Hayward. 

1,500 

Coshocton 

Coshocton 

Nicholas  &  .James 

3,044 

Crestline 

Crawford 

D.  Babst,  Jr. 

4,000 

Cuyahoga  Falls 

Summit 

Chas.  Howland. 

2,2006 

Dayton 

IMontgomery 

C  GRAFTON  C.  KENNEDY, 
(             27  N.  Main  St. 

'87 
38,675 

Defiance 

Defiance 

W.  Carter. 

8,000 

Delaware 

Delaware 

Carper  &  Van  Deman. 

8,000 

Dolphos 

Van  Wert 

H.  A.  Reeves. 

5,500 

Delta 

Fulton 

W.  H.  Gavitt. 

2,858 

Deshler 

Henry 

E.  W.  Worden. 

1,200 

Doylestown 

Wayne 

.James  B.  Meech. 

1,325 

Dunkirk 

Hardin 

G.  Z.  Cruzen. 

1,311 

East  Liverpool 

Columbiana 

H.  R.  Hill, 

8,000 

East  Palestine 

Columbiana 

C.  P.  Rothwell. 

1,200 

Eaton 

Preble 

Foos  &  Fisher. 

3.500 

Edgerton 

Williams 

A.  D.  Austin. 

1,300 

Elmore 

Ottawa 

Geo.  Iveightley. 

1,200 

Elyria 

Lorain 

.Johnston  &  Leonard. 

5,000 

Felicity 

Clermont 

John  Walker. 

1,001 

Findlay 

Hancock 

J.  F.  Burket. 

4,850 

Fostoria 

Seneca 

John  A.  Bradner. 

4,860 

Franklin 

Warren 

J.  D.  Miller. 

3,500 

Fremont 

Sandusky 

Buckland  &  Buckland. 

10,000 

Gallon 

Crawford 

J.  W.  Coulter. 

7,000 

Gallipolis 

Gallia 

F.  L.  Beardsley. 

5,000 

Garretsville 

Portage 

R.  J.  Webb. 

1,000 

Genoa 

Ottawa 

J.  H.  H.  Uthoft-. 

1,200 

Georgetown 

Brown 

J.  M.  Markley. 

1,700 

Greenfield 

Highland 

W.  H.  Irwin. 

2,500 

Green  Spring 

Seneca 

C,  S.  Burton. 

1,200 

Greenville 

Darke 

Meeker,  Bowman  &  Meeker. 

6,000 

Hamilton 

Butler 

Thos.  Milliken. 

17,000 

ilicksville 

Defiance 

Hon.  S.  T.  Stephens. 

2,000 

Hillsborough 

Highland 

Collins  &  Collins. 

4,000 

Hudson 

Summit 

H.  B.  Foster. 

1,625 

Ironton 

Lawrence 

S.  W.  MORRIS,  '72. 

8,857 

Jackson 

Jackson 

I.  Dungan. 

4,000 

Jamestown 

Greene 

W.  A.  I'atton. 

1,000 

Jeflferson 

Ashtabula 

W.  P.  Howland. 

1,008 

Kent 

Portage 

C.  B.  Newton. 

4,  .500 

Kenton 

Hardin 

S.  T.  ARMSTRONG. 

3,840 

Lancaster 

Fairfield 

W.  A.  Schultz. 

8,000 

Lebanon 

Warren 

Runyan  &  Dilatush. 

3,500 

Jjeesville 

Carroll 

WM.  ADAIR. 

408 

Leetonia 

Columbiana 

M.  E.  Taggart. 

2,552 

Leipsic 

Putnam 

(  t  C.  Babb. 

}  .Jacob  Warner. 

1,000 

Lima 

Allen 

D.  J.  Cable. 

9,000 

Logan 

Hocking 

H.  L.  Wright. 

3,500 

Lorain 

Lorain 

Q.  A.  Gilmore. 

3,600 

OHIO. 


639 


PLACE. 

COUNTY. 

London 

^ladison 

Loiidonvilk- 

Ashland 

Lynchburgh 

Higldand 

McArthur 

Vinton 

McConnellsville 

^[orj^au 

MaiK-licstiT 

Adams 

Mansfield 

Ilichland 

Marietta 

Washington 

Marion 

Marion 

]\laitiii"s  Ferry 

Belmont 

Marysville 

Union 

l\[assilloii 

Stark 

?»[t'(])aiiii-sbiu'<4h 

Champaign 

Medina 

Medina 

Mianiisburj;-]! 

Montgomery 

Middletown 

Butler 

3[ilan 

Erie 

Millersburgh 

Holmes 

a^[inerva 

Stark 

]\[onroeville 

Huron 

iMoutpelier 

Williams 

]\[orrow 

Warren 

Mt.  Gilead 

Morrow 

Mt.  Vernon 

Knox 

Napoleon 

Henry 

Nelsouvilk' 

Athens 

Newark 

Licking- 

New  Lexington 

Perry 

New  Lisbon 

Columbiana 

New  Loudon 

Huron 

New  Paris 

Preble 

New  Philadelphia 

Tuscarawas 

New  llicliinoud 

Clermont 

New  Vienna 

Clinton 

Niles 

Trumbull 

North  Lewisburgh 

Champaign 

Norwalk 

Huron 

Oak  Harbor 

Ottawa 

Oberlin. 

Loraine 

Orrville 

Wayne 

•Ottawa 

Putnam 

Oxford 

Butler 

Painesville 

Lake 

Paulding 

Paulding 

Perrybury 

Wood 

Piqua 

Miami 

Plymouth 

Richland 

Pomery 

Meigs 

Pori;  Clinton 

Ottawa 

Portismouth 

Sciota 

Kavenna 

Portage 

Rioliwood 

L^nion 

Iiipley 

Brown 

■8t.  Clairsville 

Belmont 

•St.  Marys 

Auglaize 

;St.  Paris 

Champaign 

NAMES   OF    ATTORNEYS.     POPUT.a'n. 


Goo.  W.  Wilson. 

3,r)00 

H.  L.  McCray. 

2,000 

I.  Troth. 

1,200 

H.  C.  .Tones. 

1,000 

E.  M.  Stanberry. 

2,000 

Henry  Collins. 

2,000 

W.  L.  SEWELL. 

12,000 

Hon.  H.  L.  Siblev. 

6. 500 

W.  Z.  Davis. 

G.500 

JOHN  S.  COCHRAN,  '63. 

3.810 

Robinson  &  Piper. 

3,000 

F.  L.  Baldwin. 

9,000 

T.  S.  Cheney. 

2,000 

Jas.  Andrews. 

2,000 

A.  K.  Clay. 

2,500 

11.  P.  SMITH.  '76. 

4,538 

H.  N.  Shipman. 

1,675 

Maxwell  &  Sharp. 

3.000 

G.  G.  B.  Greenwood. 

1,000 

J.  P.  Cornell. 

2,000 

Geo.  Strayer. 

1,000 

A.  Anderson. 

1,100 

B.  Andrews. 

1.216 

Adams  &  Adams. 

6,500 

J.  H.  Tyler. 

5,000 

W.  C.  Hickman. 

4,308 

Atherton  &  Flory. 

12,000 

Butter  &  Huftman. 

1,600 

S.  J,  Firestone. 

2,500 

R.  C.  Powers. 

1,500 

John  Moore. 

1,000 

JOHN  S.  GRAHAM. 

t  P.  S.  Olmstead. 

3,070 

Frank  Davis. 

2,545 

W.  11.  WEST,  '66. 

797 

J.  N.  Cowdrey. 

4,000 

M.  C.  Gowey. 

1.100 

John  A.  Williamson. 

7,500 

C.  I.  York. 

1,000 

W.  B.  Bedortha. 

4,000 

S.  N.  Coe. 

1,800 

Thomas  &  Sutton. 

2,000 

P.  W.  Smith. 

1.744 

A.  A.  Amidon. 

5,000 

f  Chas.  W.  Baughman. 

\  G.  I.  Chatterton. 

1,250 

Geo.  W.  Potter. 

Cook  &  Troup. 

2,000 

J.  M.  McDonald. 

8,000 

W.  W.  Drennan. 

1,150 

A.  W.  Voihes. 

5,865 

T.  J.  IMarshall. 

2,000 

Harper.  Searl  &  Milner. 

13,000 

G.  F.  Robinson. 

4,000 

S.  S.  Gardiner. 

1,500 

G.  Bamback. 

3,. 500 

S.  C.  Kelley. 

1,228 

Chas.  Bulloch. 

2,500 

C.  E.  Benaker. 

1,400 

640 


OHIO. 


PLACE. 

COUNTY. 

NAMES   OF  ATTORNEYS.      POP 

ula'n. 

Salem 

Columbiana 

R.  Taggart. 

7,000 

tSalineville 

Columbiana 

S.  W.  Ramsey. 

2,500 

Sandusky 

Erie 

F.  W.  Cogswell. 

21,500 

Shelby 

Kichland 

S.  S.  Bloom. 

8,600 

Sidney 

Shelby 

AV.  D.  Davis. 

4,500 

Somerset 

Perry 

R.  M.  Barr. 

1,500 

Springfield 

Clarke 

Cochran  &  Rodgers. 

32,000 

Steubenville 

Jefferson 

J.  H.  Miller. 

15,000 

Tiffin 

Seneca 

Noble  &  Adams. 

7,900 

Tippecanoe  City 

Miami 

A.  E.  Kerns. 
C  Bissell  &  Gorrill. 
]  Eead.W.H.A.,  9  Hartford  Bll 
(  t '/.  C.  Bike. 

2,000 

Toledo 

Lucas 

:.72,504 

Troy 

Miami 

<s  J.  A.  Davy,  '81. 

■^    See  Card  in  A2)pendix,  page  xvii, 

4,606 

Uhrichsville 

Tuscarawas 

J.  W.  Loller. 

3,500 

Upper  Sandusky 

Wyandot 

John  D.  Sears. 

4,000 

Urbana 

Champaign 

F.  Chance. 

8,000 

Van  Wert 

Van  AVert 

Saltzgaber  &  Glenn. 

5,500 

Versailles 

Darke 

Thos.  A.  Burns. 

1,600 

Wadsworth 

Medina 

A.  Pardee. 

2,000 

Wapakoneta 

Auglaize 

Brotherton  &  Davis. 

3.500 

Warren 

Trumbull 

C.  A.  Harrington. 

5,000 

Washington  C  H 

Fayette 

Maynard  &  Maynard. 

5,000 

Waiiseon 

Fulton 

H.  H.  &  F.  F.  Ham. 

1,905 

Waverly 

Pike 

Cole  &  James. 

2,000 

Wellington 

Lorain 

J.  H.  Dickson. 

1,900 

Wellston 

Jackson 

E.  B.  Bingham. 

1,952 

Wellsville 

Columbiana 

P.  C.  Young, 

3,877 

West  Liberty 

Logan 

R.  N.  Jordan. 

1,500 

West  Milton 

Miami 

W.  S.  Kessler. 

1,000 

West  Union 

Adams 

Henry  Scott. 

900 

Wilmington 

Clinton 

]\Iills  &  VanPelt. 

3,000 

Woodsfield 

Monroe 

R.  E.  TILFORD. 

861 

Wooster 

Wayne 

6,300 

Xenia 

Greene 

Little  &  Shearer. 

8,500 

Youngstown 

Mahoning 

GEO.  C.  HATCH. 

15,481 

Zanesville 

Muskingum 

J.  J.  Adams. 

18,120 

OHIO. 


641 


BANKS   IN    OHIO. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  of  one 
bank  in  each  county  of  this  state  in  whicli  such  a  banking  institution  is  located. 


Akrou 

Ashland 

Athens 

Batavia 

Bellefontaine 

Bryan 

Bucyrus 

Cadiz 

Caldwell 

Cambridge 

Canton 

Carrollton 

Celina 

Chardon 

Chillicothe 

Cincinnati 

Circleville 

Cleveland 

Columbus 

Coshockton 

Dayton 

Defiance 

Delaware 

Eaton 

Elyria 

Findlay 

Fremont 

Gallipolis 

Georgetown 

Greenville 

Hamilton 

Hillsborough 

Ironton 

Jackson 

.Tefterson 

Kenton 

Lancaster 

Lebanon 

Lima 

Logan 

London 

Mansfield 

Marietta 


NAME   OF   BAXK. 

City  National  Bank 
First  National  Bank 
First  National  Bank 
First  NationrJ  Bank 
Bellefontaine  National  Bank 
First  National  Bank 
First  National  Bank 
First  National  Bank 
Noble  County  Nat  Bank 
Old  National  Bank 
Fii'st  National  Bank 
Cummings  &  Couch 
Citizens'  Bank 
Geauga  Sav.  &  Loan  Ass'n 
First  National  Bank 
Third  National  Bank 
First  National  Bank 
National  Bank  of  Commerce 
First  National  Bank 
Farmers'  Bank 
Third  National  Bank 
Defiance  National  Bank 
First  National  Bank 
Farmers'  &  Citizens'  Bank 
National  Bank  of  Elyria 
First  National  Bank 
First  National  Bank 
First  National  Bank 
First  National  Bank 
Second  National  Bank 
First  National  Bank 
First  National  Bank 
First  National  Bank 
First  National  Bank 
First  National  Bank 
First  National  Bank 
Hocking  Valley  Nat  Bank 
Lebanon  National  Bank 
First  National  Bank 
First  Bank  of  Logan 
Central  Bank 
Citizens'  National  Bank 
First  National  Bank 


PAID  VV 

CASHIER. 

CAPITAL. 

A.  Wagoner. 

.•i^'200.000 

Jos.  Patterson. 

r)0.000 

D.  H.  :Moore. 

50.000 

J.  F.  Dial. 

80,000 

Jas.  Leister. 

100,000 

D.  C.  Baxter. 

(iO.OOO 

G.  C.  Gormly. 

100,000 

L  C.  Moore. 

120,000 

^Y.  A.  Frazier. 

60,000 

A.  R.  ^lurray. 

100,000 

L.  L.  Miller. 

100,000 

.50,000 

J.  W.  De  Ford. 

:50,000 

S.  8.  Smith. 

100,000 

E.  R.  3IcKee. 

300,000 

"W.  A.  Lemmon. 

1,600.000 

Otis  Ballard. 

260,000 

F.  E.  Rittman. 

1,500,000 

Theo.  P.  Gordon. 

300,000 

Samuel  Irvine. 

75,000 

Chas.  E.  Drury. 

400,000 

E.  Stjuire. 

100,000 

G.  W.  Powers. 

100,000 

C.  F.  Brook,  Jr. 

100.000 

J.  W.  Ilulbert. 

150.000 

Chas.  E.  Niles. 

50,000 

A.  PL  3Iiller. 

100,000 

J.  S.  Blackaller. 

100,000 

W.  S.  Whiteman. 

50,000 

R.  A,  Shuffleton. 

100,000 

John  B.  Cornell. 

100,000 

L.  S.  Smith. 

100,000 

H.  B.  Wilson. 

300,000 

D.  Armstrong. 

50,000 

J.  C.  A.  Bushnell. 

70,000 

H.  W.  Gramlich. 

50,000 

Thomas  Methoff. 

60.000 

Joseph  3L  Oglcsby. 

50,000 

C.  M.  Hughes. 

100,000 

Charles  E.  Bowen. 

50,000 

AVilliam  Farrar. 

40,000 

S.  A.  Jennings. 

100,000 

E.  M.  Booth. 

150,000 

642 


OHIO. 


PLACE. 


KAME   OF    BANK. 


Marion  Fanner's  Bank 

Marysville  People's  Bank 

McArthur  Vinton  County  Nat  Bank 

McConnelsville  First  National  Bank 


Medina 
Mt  Gileacl 
Mt  Vernon 
Newark 
New  Lisbon 


Pho3nix  National  Bank 
First  National  Bank 
First  National  Bank 
People's  National  Bank 
First  National  Bank 


New  Philadelphia  Exchange  Bank 

Norwalk  Norwalk  National  Bank 

Ottawa  Ottawa  Exchange  Bank 

Painesville  Painesville  National  Bank 

Paulding  Potter's  Bank 

Pomeroy  Pomeroy  National  Bank 

Portsmouth.  Farmer's  National  Bank 

Ravenna  Second  National  Bank 

Sandusky  Tliird  National  Bank 

Sidney  Citizens'  Bank 

Springfield  First  National  Bank 

St  Clairsville  First  National  Bank 

Steubenville  Steubenville  National  Bank 

Tiffin  Tiffin  National  Bank 

Toledo  First  National  Bank 

Troy  First  National  Bank 
Upper  Sandusky  First  National  Bank 

Urbana  Citizens'  National  Bank 

Van  Wert  First  National  Bank 

Wapakoneta  People's  Bank 

Warren  First  National  Bank 
Washington  C  H  People's  &  Drovers'  Bank 

Wauseon  Bank  of  Wauseon 

West  Union  G.  B.  Grimes  &  Co 

Wilmington  First  National  Bank 

Woodsfield  Monroe  Bank 

Wooster  Wayne  County  Nat  Bank 

Xenia  Second  National  Bank 

Youngstown  First  National  Bank 

Zanesville  First  National  Bank 


PAID  UP 

CASHIER. 

CAPITAL. 

J.  J.  Hane. 

100,000 

C.  S.  Chapman. 

20,000 

J.  W.  Delay, 

50,000 

R.  Stanton. 

100.000 

R.  M.  McDowell. 

75,000 

R.  P.  Halliday. 

60,000 

Fred.  D.  Sturges. 

50,000 

John  H.  Franklin,  Jr. 

150,000 

M.  J.  Child. 

50.000 

John  Hance. 

70,000 

Chas.  W.  Millen. 

100,000 

(Slauson  &  Ewing.) 

100,000 

C.  D.  Adams. 

200,000 

Geo.  W.  Potter. 

25,000 

John  McQuigg. 

100,000 

John  M.  Wall. 

250,000 

W.  H.  Beebe. 

150,000 

F.  P.  Zollinger. 

200.000 

W.  A.  Graham. 

82,100 

C.  A.  Phelps. 

400,000 

J.  R.  Mitchell. 

100,000 

Charles  Gallagher. 

125,000 

J.  W.  Chamberlain. 

125,000 

S.  D.  Carr. 

500.000 

D.  W.  Smith. 

200,000 

105,000 

W.  W.  Wilson. 

100,000 

John  A.  Conn. 

60,000 

F.  Fritsch. 

97,720 

300,000 

R.  A.  Robinson. 

200.000 

E.  S.  Callender. 

10,000 

25,000 

C.  C.  Nichols. 

100,000 

W.  C.  Mooney. 

50,000 

75,000 

Robt.  Lytle. 

150,000 

500,000 

Geo.  H.  Stewart. 

200,000 

STATE  OF 

OREGON. 

SUMMARY  OF 

Collection    Lavv^s. 


-t'ocRT  Calendar,  Instructions  for  taking   Depositions,  Legal  Forms,  Etc. 
Expressly  Prepared  and  Revised  to  Nov.  1st,  ISST,  for  "Showers' 
■   Legal  Directory  and  Merchants'  Guide."  for  18SS,  bv 
Stewart  B.  Linthicum,  of  the  Portland  Bar. 


Achnowledgments. — May  be  taken  in  the  state,  by  any  judge  of  the  su- 
preme court,  clerk  of  the  supreme  court,  county  judge,  county  clerk,  justice 
of  the  peace  or  notary  public  ;  out  of  the  state,  before  any  judge  of  a  court 
of  record,  justice  of  the  peace  or  notary  public,  or  other  officer  authorized  by 
the  laws  of  such  state,  territory  or  district,  to  take  the  acknowledgment  of 
deeds  therein,  or  before  any  commissioner  appointed  by  the  governor  of  this 
state  for  such  purpose ;  and  unless  the  acknowledgment  be  taken  before  such 
commissioner,  it  must  have  attached  thereto  a  certificate  of  the  clerk  or  other 
proper  certifying  officer  of  a  court  of  record  of  the  county  or  district  within 
which  such  acknowledgment  was  taken,  under  the  seal  of  his  office,  that  the 
person  whose  name  is  subscribed  to  the  certificate  of  acknowledgment,  was, 
at  the  date  thereof,  such  officer  as  he  is  therein  represented  to  be,  and  that 
he  believes  the  signature  of  such  person  subscribed  thereto,  to  be  genuine  ; 
and  that  the  deed  is  executed  and  acknowledged  according  to  the  laws  of  such 
state,  territory  or  district.  Out  of  the  United  States  before  any  notary  pub- 
lic iu  such  foreign  country,  or  before  any  minister  plenipotentiary,  minister 
extraordinary,  minister  resident,  charge  d'  affaires,  commission,  or  consul  of 
the  United  States  apijointed  to  reside  therein,  which  acknowledgment  shall 
be  certified  therein  by  the  officer  taking  the  same,  under  his  hand,  and  if 
taken  before  a  notary  public,  his  seal  of  office  shall  be  affixed  to  such  cei- 
ti  fie  ate. 

The  acknowledgment  of  a  married  woman  residing  in  this  state,  joining 
with  her  husband  in  a  deed  of  conveyance  of  real  estate,  situated  within  this 
state,  shall  be  taken  separately  and  apart  from  her  husband,  and  she  shall 
acknowledge  that  she  executed  such  deed  freely  and  without  fear  or  com- 
pulsion from  any  one. 

When  any  married  woman  not  residing  in  this  state,  shall  join  with  her 
husband  in  a  conveyance  of  real  estate,  situated  within  this  state,  the  con- 
veyance shall  have  the  same  effect  as  if  she  were  sole,  and  the  acknowledg- 
ment or  proof  of  such  conveyance  by  her,  may  be  the  same  as  if  she  were 
sole. 

[Org.  1.] 


644  OREGON. 

Form  of  Acknowledgment. 

Statk  op  Orepon,    "I 
County  of  .    j     * 

I, ,  clerk (uame  of  court  in  full  sufficient),  in  and  for  said  county 

and  state,  (being  a  court  of  record),  do  hereby  certify  that ,  the  person 

subscribing  the  annexed  certificate  of  acknowledgment,  and  before  whom 

said  acknowledgment  was  made,  was,  at  the  date  thereof,  a in  and  for 

said  county  and  state,  duly  qualified  ;  that  by  virtue  of  his  said  office  he  is 
authorized  to  take  acknowledgments  and  administer  oaths.     I  further  certify 

that  I  am  acquainted  with  the  handwriting  of  the  said ,  and  believe  the 

signature  of  the  said ,  subscribed  to  the  said  certificate,  is  his  genuine 

signature,  and  that  the  within  and  foregoing is  executed  and  acknowl- 
edged according  to  the  laws  of  the  state  of 

III  witness  wliereof,  I  have  hereunto  set  my  liaud  and  affixed  my  official 
seal,  this,  the day  of ,  A.  D.  18—. 

Form  of  Acknowledgmeutfor  JIuHba/td  and  Wife. 


>  ss 


Statk  of  Oregon, 
County  of . 

This  certifies  that  on  this day  of ,  A.  D.  18 — ,  before  me,  the 

undersigned,  a ,  in  and  for  the  county  and  state  aforesaid,  personally  ap- 
peared the  within-named  A.   B. and  C.  D. ,  his  wife,  to  me  known 

to  be  the  individuals  described  in,  and  who  executed  the  within  instrument, 
and  the  said  A.  B.  acknowledged  to  me  that  he  executed  the  same  ;  and  the 
said  C.  D.,  wife  of  the  said  A.  B.  being  by  me  examined  separate  and  apart 
from  her  husband,  then  and  there  acknowledged  to  me  that  she  executed  such 
conveyance  freely  and  without  fear  or  comijulsion  from  any  one. 

Witness  my  hand  (or  hand  and seal  as  the  case  maybe)  the  day  and 

year  in  this  certificate  first  above  written. 

{Signature.) 

Actions. — Shall  be  prosecuted  in  the  name  of  the  real  party  in  interest,  but 
this  shall  not  be  deemed  to  authorize  the  assignment  of  a  thing  in  action  not 
arising  out  of  contract. 

An  executor  or  administrator,  a  trustee  of  an  express  trust,  or  a  person  ex- 
pressly authorized  by  statute  may  sue  Avithout  joining  with  him  the  person 
for  whose  benefit  the  action  is  jn'osecuted. 

Administration  of  Estates  of  Deceased  Persons.— County  court  has 
exclusive  jurisdiction.  County  court  empowered  to  grant  letters  testamen- 
tary or  of  administration  when  testator  or  intestate  at  or  immediately 
before  death,  was  inhabitant  of  county,  in  whatever  place  he  may  have  ; 
when  he,  not  being  inhabitant  of  state,  shall  have  died  in  county,  leaving 
assets  therein  ;  when  he,  not  being  inhabitant  of  state,  shall  have  died  out  of 
state,  leaving  assets  in  county  ;  when  he,  not  being  inhabitant  of  state,  shall 
have  died  out  of  state,  not  leaving  assets  therein,  but  where  assets  thereafter 
came  in  county.  Where  real  property  devised  l)y  testator,  or  belonging  to 
intestate,  is  situated  in  county,  and  no  other  county  court  has  gained  jui'is- 
diction  under  any  of  the  above  sub-divisicms. 

Letters  to  be  issued  in  following  order  ;  1st.  To  widow  or  next  of  kin,  or 
both,  in  discretion  of  court ;  2d.  To  one  or  more  of  principal  creditors  ;  and 
3d.  To  any  other  person  competent  and  qualified,  whom  the  court  may 
select. 

Husband  entitled  to  administer  in  estate  of  wife,  if  competent  and  qualified 
and  if  ho  apply  therefor  within  tliirty  days  from  decease,  unless  by  force  of 
[Org.  2.] 


A 


OREGON.  645 

Tnarriiigo-settlement  or  otherwise,  she  shall  make  testamentary  disposition  of 
l^roperty,  renderiui--  it  proper  to  grant  admiiiistratioii  to  S(mie  one  else. 

No  executor,  unless  expressly  stated  in  will,  or  administrator  authorized  to 
act  until  he  tile  with  county  clerk,  undertaking  in  sum  not  less  than  double 
value  of  estate  with  one  or  more  sufficient  sureties,  to  be  ajiproved  by  court. 

Inventory  verified  by  oath  of  all  real  and  jjersonal  property  to  be  tiled  by 
executor  ur  administrator  within  thirty  days  after  appointment,  unless  time 
extended  by  court.  Before  inventory  filed,  property  therein  to  be  apprai.sod 
at  cash  value  by  three  disinterested  parties,  a.ppointed  by  court.  Executor 
or  administrator,  immediately  after  appointment,  shall  publish  notice  thereof 
in  newsi)aper  in  county  once  a  week  for  four  successive  weeks.  Notice  to 
require  creditors  to  i^resent  claims  with  vouchers  to  executors  at  sonxe  spec- 
ified place  in  county  within  in  six  mouths  from  date  of  notice. 

Claims  not  presented  in  six  mouths  cannot  be  paid  until  claims  presented 
without  period  have  been  satisfied.  Every  claim  presented  shall  be  testified 
by  affidavit  of  claimant  or  some  one  in  his  behalf,  as  set  out  in  forms — "affi- 
davit." No  sale  of  property  of  estate  valid  without  order  of  court.  Execu- 
tor or  administrator  to  file  semi-annual  accounts,  under  oath,  showing 
amount  of  money  received  and  expended,  from  whom  received  and  to  whom 
paid,  with  proper  vouchers  of  payment.  Amount  of  claims  i)resented 
against  estate,  and  allowed  or  disallowed,  and  name  of  claimants.  Execu- 
tor or  administrator  to  file  final  account  when  estate  administered,  same  to 
be  under  oath  and  contain  detailed  statement  of  amount  of  money  received 
and  expended,  from  whom  received  and  to  whom  paid,  refer  to  vouchers, 
and  the  amount  still  vinexpeuded.  In  filing  final  account  court  or  judge 
shall  make  order  directing  notice  thereof  to  be  given  in  same  mamier  as 
notice  of  appointment  of  executor  or  administrator,  and  appoint  a  day  at 
some  time  subsequent  for  hearing  of  objections  to  final  account  and  settle- 
ment thereof.  On  hearing  covirt  shall  give  decree  allowing  or  disallowing 
final  account  and  such  decree  is  prima  facie  evidence  of  the  correctness  of 
account  in  any  other  suit  or  action  between  the  i)arties. 

Charges  and  claims  against  estate  to  be  paid  in  following  order  :  1.  Fun- 
t'ral  charges.  2.  Taxes  due  United  States.  3.  Exi)enses  of  last  sickness. 
4.  Taxes  due  state,  county  or  other  public  corporation  therein.  5.  Debts 
preferred  by  laws  of  United  States.  0.  Debts,  which  at  death  of  deceased 
were  liens  on  his  real  property,  in  order  of  j^riority.     7.  All  other  claims. 

Form  of  Letters  of  Administrntion. 

State  of  Oregon,  } 
County  op ji 

To  all  persons  to  whom  these  presents  shall  come  greeting  : 

Know  ye  that  it  appearing  to  the  court  aforesaid  that  ■  has  died  in- 

testate, leaving  at  the  time  of  his  death  property  in  this  state,  such  court 

has  duly  appointed administrator  of  the  estate  of  such ,  this, 

therefore,  authorizes  the  said  to  administer  the  estate  of  the  said 

deceased  according  to  law. 

Ill  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal,  this day  of ,  A.  D.  18 — . 

Affidavits. — In  all  affidavits  or  depositions  the  witness  must  be  made  to 
speak  in  the  first  person.  An  affidavit  or  deposition,  taken  in  another  state 
of  the  United  States,  or  a  territory  thereof,  the  District  of  Columbia,  or  in  a 
foreign  c(mntry,  otherwise  than  upon  commission,  must  be  authenticated  as 
follows,  before  it  can  be  used  in  this  state  :  1.  It  must  be  certified  by  a 
commissioner  appointed  by  the  governor  of  this  state  to  take  affidavits  and 
depositions  in  such  other  state,  territory,  district  or  C(mntry  ;  or,  2.  It  must 
be  certified  by  a  judge  of  a  court  having  a  clerk  and  seal  to  have  been  taken 
and  subscribed  before  him,  at  a  time  and  place  therein  specified,  and  the  ex- 

[Org.3.] 


■■«s. 


646  OREGON. 

istence  of  the  court,  the  fact  that  said  judge  is  a  member  thereof,  and  the 
genuineness  of  his  signature  shall  be  certified  by  the  clerk  of  the  court 
under  the  seal  thereof. 

Form  of  Affidavit. 


ss. 


State  of  Oregon,      ) 
County  of .  i 

I,  ,  being  duly  sworn,  say  that  I  am whose  foregoing  claim  is. 

hereunto  presented  to of  said  deceased,  that  I  have  personal  knowledge 

of  the  facts  in  reference  to  said  claim ;  that  the  amount  claimed  therein  is 
justly  due,  that  no  payments  have  been  made  thereon,  except  as  above  stated, 
and  that  there  is  no  just  counter-claim  to  the  same  to  the  knowledge  of  the 
affiant. 

(Signature.) 

Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  18 — . 

(Official  Signature.) 

Aliens. — Any  alien  may  acquire  and  hold  lands,  by  purchase,  devise  or 
descent,  and  he  may  convey,  mortgage  and  devise  the  same,  and  if  he  shall 
die  intestate,  the  same  shall  descend  to  his  heirs  ;  and  in  all  cases  such  lands 
shall  be  held,  conveyed,  mortgaged  or  devised,  or  shall  descend  in  like  man- 
ner and  with  like  effect  as  if  such  alien  were  a  native  or  citizen  of  this  state 
or  of  the  United  States.  The  title  to  any  lands  conveyed  shall  not  be  ques- 
tioned, nor  in  any  manner  affected  by  reason  of  the  alienage  of  any  person 
from  and  through  whom  such  title  may  have  been  derived. 

Appeals. — Notice  of  appeal  to  supreme  court  must  be  sei-ved  and  filed 
within  six  months  from  the  enti'y  of  judgment  or  decree  appealed  from,  and 
notice  of  appeal  to  the  circuit  court  shall  be  served  and  filed  within  thirty 
days  from  entry  of  such  judgment. 

Within  ten  days  from  service  of  notice  of  appeal,  appellant  shall  file  with 
clerk  undertaking  with  one  or  more  sureties,  with  qualifications  of  bail  upon 
arrest,  that  appellant  will  pay  all  damages,  costs  and  disbursements  which 
may  be  awarded  against  him  in  appeal.  Such  an  undertaking  does  not  stay 
the  proceedings,  unless,  in  general,  the  appellant  undertake  to  satisfy  and 
obey  the  decree  of  the  appellate  court. 

Upon  appeal  being  j)erfected  appellant  must,  by  second  day  of  next  regu- 
lar term  of  appellate  court  thereafter,  file  with  clerk  of  such  court,  the 
transcript  of  the  cause.  Thereafter  the  appellate  court  has  jurisdiction 
where  judgment  or  decree  is  affirmed  on  appeal  and  the  same  is  for  recovery 
of  money  or  personal  property  or  value  thereof,  judgment  or  decree  shall  be 
given  for  10  per  cent,  on  amount  thereof  for  damages  for  the  delay,  unless  it 
is  evident  to  appellate  court  that  there  was  probable  cause  for  taking  the 
appeal. 

Appeal  from  justice  court  or  county  is  taken  to  the  circuit  court.  The 
decision  of  the  county  court  given  or  made  in  the  transaction  of  county 
business  can  only  be  reviewed  upon  writ  of  review. 

Arrest. — Defendant  may  be  arrested  in  action  to  recover  money  or  dam- 
ages on  cause  of  action  arising  out  of  contract  when  defendant  is  non-resi- 
dent or  is  about  to  renKwe  from  the  state — for  an  injury  to  person  or  charac- 
ter or  for  injuring  or  wrongfully  taking,  detaining  or  converting  property — 
for  fine  or  penalty,  ov  on  i)romisc  to  marry,  or  for  money  received  on  prop- 
erty embezzled  or  fraudulently  misapjilied  or  converted  to  his  own  use  by  a. 
public  officer  or  by  an  attorney  or  by  officer  or  agent  of  a  corporation  iu 
[Org.  4.] 


OREGON.  647 

course  of  his  employment  as  such,  or  by  any  factor,  aj,rent,  broker  or  other 
person  in  a  tiduciary  capacity  or  fur  any  misconduct  or  neglect  in  ofHce  or  in 
a  professional  employment — to  recover  possession  of  personal  property  un- 
justly detained,  when  proi)erty  or  any  part  has  been  concealed,  removed  or 
disposed  of,  so  that  it  cannot  bo  found  or  taken  by  sherilY,  and  with  hatent 
that  it  should  not  be  so  found  or  takeu,  or  with  intent  to  deprive  plaintiff  of 
benefit  thereof — when  defendant  lias  been  guilty  of  a  fraud  in  coutractinj,' 
debt  or  mcurring  obligation  for  which  action  is  brought  or  in  concealing  or 
disposing  of  property,  for  taking,  detention  or  conversion  of  which  action  is 
brought — when  defendant  has  removed  or  disposed  of  his  property  or  is  about 
to  do  so  with  intent  to  defraud  creditors. 

No  female  shall  be  arrested  in  any  action,  except  for  an  injury  to  person, 
character  or  j^roperty. 

Assignments  and  Insolvency. — There  is  no  insolvent  law.  There  is  an 
act  governing  assignments.  No  general  assignment  by  an  insolvent,  or  in 
contemplation  of  insolvency,  for  the  benefit  of  creditors,  is  valid  unless  made 
for  the  benefit  of  all  his  creditors  in  proportion  to  the  amount  of  their  re- 
spective claims.  The  assent  of  creditors  is  presumed.  The  debtor  selects 
his  assignee.  If  not  satisfied  with  the  assignee  chosen  by  the  debtor,  two 
or  more  creditors  may  apply  by  petition  to  the  judge  of  the  circuit  court  of 
the  county  within  thirty  days  from  the  making  or  recording  of  the  assign- 
ment, and  the  judge  will  order  a  meeting  of  the  creditors  to  choose  an  assig- 
nee in  lieu  of  the  one  selected  by  the  debtor.  The  assignee  elected  by  the 
creditors  must  be  a  resident  of  the  same  county  as  the  assignor.  Creditors 
may  appear  at  the  meeting  in  person  or  by  proxy,  but,  before  being  entitled 
to  vote,  must  present  to  the  county  clerk,  who  presides  at  the  creditors' 
meeting,  a  verified  statement  of  their  claims.  A  majority,  in  number  and 
value,  of  the  creditors  attending  the  meeting  elect  an  assignee  or  assignees. 
All  assignees  must  give  bond  in  double  the  value  of  the  estate.  An  assign- 
ment dischai'ges  all  attachments  on  which  judgment  has  not  been  had  at  the 
time  of  assignment.  The  assignee  must  give  notice  by  publication  and  mail- 
ing to  creditors,  who  have  three  months  in  which  to  present  claims.  Debts 
to  become  due,  as  well  as  debts  due,  may  be  presented.  Exceptions  may  be 
filed  to  the  demand  of  any  creditor,  and  the  court  will  pass  upon  them.  The 
assignee  has  full  power  to  dispose  of  the  estate,  real  and  personal,  and  dis- 
tributes the  proceeds  among  the  creditors  pro  rata,  under  the  order  of  the 
circuit  court,  which  has  exclusive  jurisdiction  of  assiginnents.  When  it  ap- 
pears that  the  debtor  has  acted  fairly  and  justly,  and  has  been  guilty  of  no 
fraud,  or  concealment  of  his  property,  and  that  his  estate  has  been  made  to 
realize  the  fullest  amount  possible,  and  not  less  than  fifty  per  cent,  of  his  in- 
debtedness over  and  above  all  expenses,  the  court  will,  upon  the  allowance 
of  the  final  account  of  the  assignee,  make  an  order  discharging  the  debtor 
from  all  debts  existing  against  him  prior  to  the  assignment.  A  debtor  can 
prefer  a  creditor  by  confessing  judgment,  giving  a  mortgage  or  transferring 
specific  property  in  payment. 

Attachments. — Plaintiff  may  have  property  of  defendant  attached  at  the 
time  of  issuing  summons  or  any  time  afterwards,  in  an  action  upon  a  contract, 
express  or  implied,  for  the  direct  payment  of  money,  and  which  is  not  secured 
by  mortgage,  lien  or  pledge  upon  real  or  jiorsonal  property,  or  if  so  secured, 
when  such  security  has  been  rendered  nugatory  by  the  act  of  the  defendant ; 
and  also  in  an  action  i;pon  a  contract,  expressed  or  implied,  against  a  defen- 
dant not  residing  in  this  state. 

Rights  or  shares  which  defendant  may  have  in  the  stock  of  any  association 
together  with  the  interest  and  ]>r(>fits  thereon  and  all  other  property  in  this 
state  of  defendant  not  exemjit  fi'om  execution,  shall  be  liable  to  l)e  attached. 
Debts  owing  defendant  may  be  garnished. 

LOTS.  5.! 


648  OREGON. 

Form  of  Affidavit  for  Attachment. 

In  the court  of  the  state  of  Oregon  for  the  county  uf 

,  Phiintiir. 


,  Defendant.     ) 

Statk  op  Oregox,  i 
County  of .   ^  **■ 

I,  ,  being  duly  sworn,  say  that  I  am ,  the  above  named  plaintiff. 

That  the  above  named  defendant indebted  to  the  said  ijlaiutiff  in  the 

full  sum  of dollars  over  and  above  all  legal  set-offs  or  counter-claims 

upon  an contract  for  the  direct  payment  of  money,  and  that  the  pay- 
ment of  the  same  has  not  been  secured  by  any  mortgage,  lien  or  pledge, 
upon  real  or  personal  property. 

That  the  said  sum  of dollars  for  which  this  attachment  is  an  actual, 

bona  fide,  existing  debt,  due  and  owing  from  the  said  defendant  to  the  said 
plaintiff",  and  that  this  attachment  is  not  sought  nor  this  action  prosecuted  to 
hinder,  delay  or  defraud  any  creditor  of  the  said  defendant. 

{Signature.) 

Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  18 — . 

{Signature.) 

Banks  and  Bankers. — The  legislative  assembly  shall  not  have  the  power 
to  establish  or  incorporate  any  bank  or  banking  companj',  or  moneyed  insti- 
tution, whatever ;  nor  shall  any  bank,  company,  or  institution,  exist  in  the 
state,  with  the  privilege  of  making,  issuing,  or  putting  into  circulation,  any 
bill,  check,  certificate,  promissory  note,  or  other  paper,  or  paperof  any  bank, 
company,  or  person,  to  circulate  as  money. 

Bills  of  Exchange  and  Promissory  Notes. — {See  Notes  and  Bills  of  Ex' 
change. 

Bills  of  Lading  and  Warehouse  Receipts.— All  checks  or  receipts  given 
by  any  person  operating  any  warehouse,  commission  house,  forwarding 
house,  mill,  wharf,  or  other  place  of  storage,  for  any  grain,  ffour,  pork,  beef, 
wool,  or  other  produce  or  commodity,  stored  or  deposited,  and  all  bills  of  la- 
ding and  transportation  receipts  of  any  kind,  are  hereby  declared  negotiable, 
and  may  be  transferred  by  endorsement  of  the  party  to  whose  order  such 
check  or  receipt  was  given  or  issued,  and  such  endorsement  shall  be  deemed 
a  valid  transfer  of  the  commodity  represented  by  such  receipt,  and  may  be 
made  either  in  blank  or  to  the  order  of  another. 

Chattel  Mortgages. — Assignments  of  personal  property,  capable  of  imme- 
diate delivery,  by  way  of  mortgage,  unless  the  same  be  accompanied  by  an 
immediate  deli veiy,  and  be  followed  by  an  actual  and  continued  change  of 
possession,  creates  a  presumption  of  fraud  as  against  the  creditors  of  the  as- 
signor during  his  possession,  or  as  against  subseqvient  purchasers  in  good 
faith  and  for  a  valuable  consideration.  But  this  presumption  does  not  exist 
in  the  case  of  a  mortgage  duly  filed  or  recorded,  as  ])rovided  by  law.  Every 
mortgage  so  filed  shall  cease  to  be  valid  against  creditors  of  persons  making 
the  same,  or  subse<pient  purchasers  or  mortgagors  in  good  faith,  after  expira- 
tion of  one  year  from  filing  the  same,  or  copy  thereof,  unless  within  30  days 
next  preceding  the  expiration  of  tlie  year  the  mortgagee,  his  agent  or  attorney, 
shall  make  and  annex  to  tlie  instiiiment  or  copy  on  file,  an  affidavit  setting 
forth  the  interest  Avhich  the  mortgagee  has  by  virtue  of  such  mortgage  in 
property  therein  mentioned,  u])on  which  affidavit,  clerk  shall  endorse  time 
when  same  was  filed.  Tlie  validity  of  the  mortgage  may  be  presented  by  re- 
newing the  affidavit  yearly  ii\  tlie  manner  set  forth  above. 
rOrg.  6.] 


OREGON.  649 

Claims  against  Decedents'  Estates. — (See  Administration.) 

Conditional  Sales  of  Personal  Property. — Where  owner  of  personal 
pi'opcrty,  under  agri-eineiit  in  ■writing,  delivers  same  to  another  to  be  used, 
and  title  to  same  was  to  beeome  vested  iu  pertttrmauce  of  condition,  until 
such  performance  no  title  passed  to  party  receiving  pro^ierty,  and  sale  by  him 
to  a  bona  fide  purchaser  conveyed  no  title. 

Corporations. — Domestic. — C'oriiorations  may  be  formed  under  the  state 
laws,  but  shall  not  l»e  created  by  special  laws,  except  municipal  c«nporations. 
The  articles  of  incorporation  nuist  be  subscribed  by  three  or  more  persons, 
in  triplicate,  and  acknowledged  before  an  officer  authorized  to  take  ackm^wl- 
edgnients,  and  file  one  of  the  articles  with  the  secretary  of  state  ;  one  with 
the  clerk  of  the  county  where  the  enterprise  is  proposed ;  the  third  article  to 
be  retained  in  the  office  of  the  corporation.  Stockholders  of  all  corporations 
or  joint  stock  companies  are  liable  for  indebtedness  of  corporation,  to  the 
amount  of  stock  subscribed.  Corporations  may  allow  a  majority  of  dii'ee- 
tors  to  reside  without  the  state.  In  action  against  private  corporations,  ser- 
vice may  be  had  by  serving  summons  on  the  president  or  authorized  agent  of 
such  corporation.  Corporations  not  electing  directors,  and  commencing 
business  within  one  year  afterfiling  articles  of  incorporation  shall  be  divested 
of  corporate  i)Owers,  and  if,  after  commencing  business,  it  fails,  neglect  or 
cease  to  carry  on  business  for  a  period  of  six  months  its  corporate  powers 
shall  cease. 

Foreign. — Corporations  of  other  states  complying  with  the  laws  of  Oregon, 
may  transact  business  iu  this  state  in  the  same  manner  as  private  corpora- 
tions. When  defendant  is  a  foreign  corporation  service  may  be  made  by  pub- 
lication. An  attorney  for  a  non-resident  corporation  is  liable  for  costs,  unless 
security  is  entered. 

Courts, — Terms  and  Jurisdictions. — The  Supreme  Court  has  jurisdiction 
only  to  revise  the  final  decisions  of  the  circuit  courts.  It  holds  two  terms 
each  year — first  Monday  in  March  and  October. 

Tlte  Circuit  Courts  have  all  judicial  power,  authority  and  jurisdiction  not 
vested  by  the  constitution  or  by  laws  consistent  therewith,  exclusively  in 
some  other  court ;  and  they  have  appellate  jurisdiction  and  supervisory 
control  over  the  county  courts  and  all  other  mferior  courts,  officers  aud 
tribunals. 

The  County  Courts  have  the  exclusive  jurisdiction  of  probate  courts,  and 
likewise  authority  aud  powers  pertaining  to  county  commissioners  to  transact 
county  business.  They  also  have  civil  jurisdiction,  but  not  exclusive  where 
the  claim  or  sul)ject  of  the  county  does  not  exceed  the  value  of  five  hundred 
dollars.  By  the  constitution,  county  courts  have  such  criminal  jurisdiction 
not  extending  to  death  or  imprisonment  iu  the  penitentiary,  as  may  be  pre- 
scribed by  law.  The  county  judge  may  grant  preliminary  injunctions  and 
such  other  writs  as  the  legislative  assembly  may  authorize  him  to  grant,  re- 
turnable to  the  circuit  court,  or  otherwise,  as  may  be  provided  by  law  :  and 
may  hear  and  decide  questions  arising  upon  habeas  corpus,  jirovided  such  de- 
cision be  not  against  the  authority  or  proceedings  of  a  court  or  judge  of 
equal  or  higher  jurisdiction. 

Justices''  Courts  have  civil  jurisdiction  not  to  exceed  $250,  but  their  juris- 
diction does  not  extend  to  actions  in  which  the  title  to  real  i)roperty  shall 
come  into  question,  or  to  an  action  for  false  imprisonment,  libel,  slander, 
malicious  prosecution,  criminal  conversation,  seduction,  or  upon  a  promise  to 
marry. 

Justices'  courts  likewise  have  a  minor  criminal  jurisdiction. 

Court  Calender.— 

I'XITED  STATES  COURTS. 

Circiiil  Judf/r,  Lorenzo  Sawyer,  of  San  Francisco,  Cal.  I>istricf  ,Tii(hi<\  Matthew  P. 
Deady,  ol'  Portland,  Ore'^on.'  Clerk  <>/  Oin-iiit  rnici  District  Cnin-fs,  Uoswell  H.  Lani- 
son.    3/(:tcs?i((/,  Penumbia  Kelly.     I'ltited  i>iales  Commiiisioner,Pau\'R.  Doady.     United 

LOrg.  7.] 


650 


OREGON. 


States  Masters  in  Chancery  and  Ezamiyiers,  George  H.  Durham  and  W.  B.  Gilbert,  of 
Portland,  Oregon. 

Terms  of  Circuit  Court,  at  Portland,  2d  Mondays  April  and  October. 

Terms  of  District  Court,  at  Portland,  1st  Mondays  March,  July  and  November. 

STATE  SUPREME  COURT. 

Chief  Justice,  W.  P.  Lord,  of  Salem.    Associate  Justices,  "Wallace  W.  Thayer,  of 
Portland,  and  Reuben  S.  Strahan,  of  Albany.    Clerk,  W.  H.  Holmes,  of  Salem. 
Meets  nrst  Monday  in  March  and  October. 


CIRCUIT  AND   COUNTY  COURT  CALENDAR. 


County.         County  Seat.    Dist. 

Baker Baker  City.  . . 

Benton  ....  Corvallis.  .  .  . 
(Uackamas  .  .Oregon  City  . 
Clatsop   .   .   .  .Astoria  .... 


Columbia   .   .  St.  Helens  . 
Coss Empire  City 


Currv Ellensburg  .  . 

Crook Prineville  .  . 

Douglas. .  .  .  Roseburg .  .  . 

Gilliam..   .   .Arlington  .   . 

Grant Canyon  City. 

Jackson. .  .  .  Jacksonville., 

Josephine  .  .  Kirbyville. .  . 

Klamath..  ..Linkville..  . 

Lake Lakeview.  .  . 

Lane Eugene  City  . 

Linn Albany  .  .  .   . 

Malhewe  .  .  .  Vale 


Marion  ....  Salem    .  . 

Morrow ....  Heppner. . 

Multnomah  .  Portland. . 

Polk Dallas  .  . 

Tillamook  .   .  Tillamook 
Umatilla   .     .Pendleton 

Union Union  .  .  . 


Wallowa Joseph.   .  . 

Wasco  ....  The  Dalles. . 
Washington.  .Hillsboro.  . 
Yamhill  ...  La  Fayette., 

[Org.  8.1 


Circuit  Court. 
When  held. 

1st  Mon.  ;Mar.,  2d  Mon. 

June  and  October..  .  . 
4th  Mon.  March,  od  Mon. 

November 

3d  Mon.  April,  2d  Mon. 

November 

2d  Mon.  Jan.,   3d  Mon. 

May,  1st  Mon.  Sept .  . 

Wed.  after  1st  Mon.  May. 

4th  Mon.  May,  Sd  Mon. 

September 

2d  Monday  June 

Last  Mon.  Apr.,  1st  Mon. 

October  

2d  Mon.  Oct.,   1st  Mon. 

May 

4th  Mon.  Jan.,  4th  Mon. 

August 

2d  Mon.  April,  1st  Mon. 

November 

2d  Mon.  Jan.,   1st  Mon. 

May  and  October  .  . 
2d  Mon.  April,  1st  Mon. 

November 

2d  Mon.  June,  1st  Mon. 

September 

2d  Mon.  Feb.,   3d  Mon. 

August 

3d  Mon.  April,  1st  Mon. 

November 

2d  Mon.  Mar.,  4th  Mon. 

October  and  June. .  .  . 
4th  Mon.  .lune,  4th  Mon. 

November 


2d  |Mon.  Oct.,  February, 

June 

2d  Mon.  Mar..  3d  Mon., 

September 

3d  Mon.  Jan  ,  1st  Mon. 

May  and  September.  . 
2d  Mon.  May,  1st  Mon. 

December 

3d  Monday  July 

4th  Mon.  Jan.,  1st  Mon. 

May  and  September.  . 
3d  Mon.  Feb.,  4tli  :\Ion. 

May  and  September.  . 

3d  Mon.  Mar.,  4th  Mon. 

August 

2d  Mon.  Feb.,  last  Mon. 

May  and  October  .  . 
2d  Mon.  June,  1st  Mon. 

December 

4th  Mon.  Mar.,  4th  Mon. 

September 


County  Court. 
When  held. 


1st  Mon.  Jan.,  Mar..  May, 

July.  Sept.  and  Nov. 
1st  Mon.  each  month. 

1st  Mon.  each  month. 

1st  Mon.  Jan.,  Apr.,  July 

and  September 
1st  Mon.  Jan.,  Apr.,  July 

and  Septemper. 
1st  Mon.  Jan.,  Apr.,  July 

and  Septembei. 
1st  Mon.  Jan.,  Apr.,  July 

and  September. 
1st  Mon.  Feb.,  and  every 

alternate  month 
1st  Mon.  Jan.,  Apr.,  July 

and  September. 
1st  Mon.  each  alternate 

month  after. 
1st  JNIon.  Jan.,  Mar.. May,. 

.July,  Sept.  and  Nov. 
1st  Mon.  each  month. 


1st  Mon.  Jan.,  Apr.,  July 

and  September. 
1st  Mon  Mar.,June,Sept. 

and  Dec. 
1st  Mon.  Jan.,  Mar. .May, 

July,  Sept.  and  Nov. 
1st  Mon.  Jan.,  Mar  ,May, 

July,  Sept.  and  Nov. 
1st  Mon.  each  month. 


1st  Mon.  each  alternate 
mo.  after  appointment 
by  Gov.  of  Co.  officers. 

1st  Mon.  each  month. 

1st  Mon.  each  alternate 

month  after. 
1st  Mon.  each  month. 

1st  Mon.  eacli  month. 
1st  Mon.  Jan.,  Apr.,  July 

and  September. 
1st  Mon.  Jan.,  Apr.,  July 

and  September 
2d  Mon.  May.  1st  Mon. 

Jan.,  Mar.,  July,  Sei)t. 

and  November. 
1st  Mon.  Jan.,  Apr.,  July 

and  September. 
1st  Mon.  Jan.,  Mar.,May, 

July,  Sept.  and  Nov. 
1st  Mon.  each  month. 

1st  Mon.  Jan.,  Mar., May, 
July,  Sept.  and  Nov 


OREGON.  651 

Curtesy. — Whcu  man  and  his  wife  shall  be  seized  in  her  right  of  any  in 
heritance  in  lands,  the  hnsband  shall,  on  death  of  his  wife,  hold  the  lands  for 
his  life  as  tenant  thereof  by  curtesy,  although  such  husband  and  wife  may 
not  have  hail  issue  born  alive. 

Deeds. — Executed  in  the  state  must  be  signed  and  sealed  by  grantors,  and 
require  two  witnesses.  Scroll  of  pen  sufficient  seal.  Married  woman  must 
join  with  husband  in  making  deed.  Out  of  the  state  deeds  may  be  executed 
according  to  the  laws  of  state,  territory,  district  or  country  where  made. 

Deeds  are  recorded  in  clerk's  office  of  county  in  which  land  lies,  and  if  not 
recorded  within  five  days  after  such  execution  shall  be  void  against  any  sub- 
sequent purchaser  in  good  faith,  and  for  a  valuabls  consideration  of  the  same 
real  property,  or  any  portion  thereof,  whose  conveyance  shall  be  first  duly 
recorded.     (See  Acknowledgments.) 

Descent  and  Distribution. — If  person  die  seized  of  real  estate  or  any  in- 
terest or  right  thereto,  in  fee  simple.  Same  shall  descend  subject  to  debts  ; 
1st.  In  equal  shares  to  children  and  to  issue  of  any  deceased  child  by  right  of 
representation.  If  intestate  leave  no  child  living  at  time  of  death,  to  all 
other  live  descendants,  if  such  descendants  are  in  the  same  degree  of  kindred 
to  intestate,  they  take  equally,  otherwise  they  take  by  right  of  representa- 
tion ;  3d.  If  intestate  leave  no  lineal  descendants,  then  wife  takes,  and  if  no 
wife,  then  father  takes ;  3d.  If  intestate  leave  no  lineal  descendants,  wife  or 
father,  then  property  descends  in  equal  shares  to  brothers  and  sisters,  and  to 
issue  of  any  brother  or  sister  by  right  of  representation  ;  but  if  intestate 
leave  mother,  she  shall  share  equally  with  brothers  and  sisters;  4th.  If  intes- 
tate leave  iiolineal  descendants,  wife,  father,  or  brothers  or  sisters  living  at 
time  of  death,  real  property  shall  descend  to  mother  to  exclusion  of  issue  of 
deceased  brothers  and  sisters  :  5th.  If  intestate  leave  no  lineal  descendants, 
wife,  father,  mother,  brothers  or  sisters,  real  property  shall  descend  to  next 
of  kin,  in  equal  degree,  except  that  when  there  are  two  or  more  collateral 
kindred  in  equal  degree,  but  claiming  through  different  ancestors,  than  those 
claiming  through  nearest  ancestor  preferred  to  those  claiming  through  more 
remote  •,  6.  If  intestate  leave  one  or  more  children,  and  issue  of  one  or  more 
deceased  children,  and  any  of  such  surviving  children  shall  die  under  age, 
not  being  married,  real  property  that  came  to  deceased  child  by  inheritance 
shall  descend  in  equal  shares  to  other  children  of  intestate,  and  to  issue  of 
any  other  children  of  such  intestate  who  shall  have  died,  by  right  of  repre- 
sentation. But  if  all  other  children  shall  have  died,  and  any  of  them  shall 
have  left  issue,  such  real  property  so  inherited  by  such  deceased  child,  shall 
descend  to  all  the  issue  of  such  other  children  of  the  intestate  in  equal  shares 
if  they  are  in  the  same  degree  of  kindred,  to  such  deceased  child,  otherwise 
they  shall  take  by  right  of  representation ;  7th,  If  intestate  leave  no  lineal 
descendants  or  kindred,  such  real  property  shall  escheat  to  state  of  Oregon. 

Personal  Property  {where  no  lawful  bequest). — Widow  allowed  all  articles 
of  apparel  and  ornaments,  and  certain  provisions  for  support  of  herself  and 
minor  children. 

The  residue,  after  payment  of  debts,  shall  be  distributed  among  persons 
who  would  be  entitled  to  real  property  of  intestate,  as  provided  above,  and  in 
like  in-oportion,  except  as  herein  provided ;  1st.  If  intestate  leave  husband,  lie 
is  entitled  to  whole  of  residue  of  property  ;  2d.  If  intestate  leave  widow  and 
issue,  widow  entitled  to  one-half  of  residue.  But  if  intestate  leave  widow 
and  no  issue,  widow  entitled  to  whole  of  residue  ;  3d.  If  there  is  no  husband, 
widow  or  kindred,  residue  shall  escheat  to  state  of  Oregon. 

Illegitimate  child  deemed  heir  to  mother,  and  shall  inherit  and  receive 
her  property,  real  or  i)ersonal,  as  if  born  in  lawful  wedlock,  but  such  child 
shall  not  be  entitled  to  inherit  and  receive  as  representing  his  mother,  any 
property,  real  or  personal,  of  the  kindred,  either  lineal  or  collateral,  of  such 
mother. 

[Ojg.  90 


652  OREGON. 

Illegitimate  cliild  dying  Intestate,  and  leaving  no  widow,  husband  or  law- 
ful issue,  jn'operty,  real  or  personal,  shall  descend  to  or  be  received  by 
mother. 

lUigitimate  child  made  legitimate'  to  all  intents  and  ]>iirp()ses  by  after  mar- 
riage of  parents. 

Degrees  of  kindred  to  be  computed  ])y  rules  of  civil  law,  and  kindred  of 
half-blood  shall  inherit  or  receive  equally  with  those  of  whole  blood  in  same 
degree. 

Depositions. 

IXSTRCCTIONS. 

When  the  depositions  are  completed,  they  must  be  sealed  up  in  an  envel- 
ope, directed  to  the  clerk  of  the  court  of  justice  of  the  peace  where  action  is 
pending,  and  forwarded  by  mail  or  other  usual  mode  of  conveyance.  Title  of 
cause  and  names  of  witness  should  be  marked  on  one  end  of  the  envelope. 

Form  of  Notice  to  talce  Depositions. 
(Title  of  Cause.)  . 

,  to  A.  B.,  said  (defendant  or  plaintiff,  and ,  his  attorneys,  you 

are  respectfully  notified  that  on  the day  of ,  18 — ,   at ,  in  the 

county  of ,  and  state  of  ,  at  the  hour  of ,  o'clock,  —  M.,  the 

(plaintiff  or  defendant)  will  tSike  the  depositions  of and ,  before  A. 

A.,  (describing  the  officer),  to  be  used  upon  the  trial  of  said  action  (or  suit), 
when  and  where  you  can  appear  and  cross-examine,  if  you  so  desire. 

{Signature.) 

Form  of  Caption  to  Deposition. 

(Title  of  Cause.) 

Depositions  of and and ,  witness  in  behalf  of  plaintiff  (or 

defendant)  in  the   above  entitled  action  (or  suit),  taken  before  me,  a  , 

etc.,  at,  etc. ,  on  the ,  etc.,  pursuant  to  notice  hereto  annexed,  (or 

agreement  of  parties  annexed),  C.  D.  appearing  as  attorney  for  the  plaintiff, 
and  E.  F..  as  attorney  for  the  defendant,  (or  no  appearence  being  made  for 
defendant),  to  wit :  John  Doe,  being  first  duly  sworn,  testified,  in  answer  to 
interrogatories,  as  follows  : 

Form  of  Certificate  to  Deixisitions. 

State  of  Oregon,  } 
County  of .  jl "  * 

I,  A.  B.,  a  (describe  his  official  station)  in  and  for  said  county,  do  hereby 

certify  that  on  the day  of ,  A.  D,  18—,  at  my  office  in ,  in  said 

county  and  state,  and  on  the  several  days  and  time  as  hereinljefore  set  forth, 

between  the  hour  of and ,  of  each  day,  the  foregoing  depositions  of 

and were  taken  before  me,  pursuant  to  the  notice  (or  agreement) 

hereto  annexed,  appearance  for  the  parties  being  made  as  stated  in  the  cap- 
.  tii»n,  to  such  de])ositions  ;  that  such  depositions  were  reduced  to  writing  by 
me  ;  that  after  being  comi)leted,  each  deposition  was  read  to  or  by  the  witness 
making  the  same,  ami  subscribed  by  him.  That  before  i)roceeding  to  take 
isuch  depositions,  eacii  of  said  witness  was  sworn  by  me  to  tell  the  truth,  the 
whole  truth,  and  notlung  but  the  truth  in  relation  to  the  matters  in  contro- 
versy in  said  action  (or  suit.) 
[Org.  10.] 


OREGON.  653 

Divorce. — Marriage  contract  may  be  dissolved  at  suit  or  the  claim  uf  in- 
jured liarty  in  either  of  the  lt>llu\vinjL,'Lau.^es  ;  1st.  Impoteney  existin<;at  time 
of  marriage  and  continuing  to  emnmeneenient  of  suit;  2d.  Adultery;  yd. 
Conviction  of  felony  ;  4th.  Habitual  gioss  drunkenness  contracted  since 
marriage,  and  cantinuing  for  one  year  prior  to  commencement  of  suit;  0th. 
Wilful  desertion  for  period  of  one  year;  (jtli.  Cruel  and  inhuman  treatment, 
or  personal  indignities  rendering  lileburilensome. 

Either  husband  or  wife  may  sue,  but  plaintitf  must  be  an  inliabitaiit  of  state 
at  commencement  of  suit,  and  one  year  prior  thereto,  which  residence  shall 
give  court  jurisdiction,  without  regard  to  place  where  marriage  was  solemn- 
ized or  cause  of  suit  arose. 

Party  at  whose  prayer  decree  of  dissolution  made,  entitled  to  undivided 
one-third  in  his  or  her  individual  right  in  fee  of  whole  of  real  estate  owned 
by  other  at  time  of  decree,  in  addition  to  further  maintenance. 

Neither  party  capable  of  contracting  marriage  with  third  party,  until  ap- 
])eal  heard  and  determined  ;  and  if  no  appeal  taken  until  after  expiration  of 
period  allowed  for  appeal.     (See  Appeals.) 

Dower. — Widow  of  deceased  person  entitled  to  dower,  or  the  use  during 
her  natural  life  of  one-third  part  of  all  lands  whereof  husband  was  lawfully 
seized  of  estate  of  inheritance,  at  any  time  during  marriage,  unless  she  is 
lawfully  barred  thereof.  Married  woman  can  have  dower  by  joining  in  deed 
with  husband,  or  by  joining  in  subsequent  deed,  or  by  jointure,  settled  on 
her  with  her  assent,  before  marriage  ;  but  such  jointure  shall  consist  of  a 
freeholdestate  inlands  forlife  of  wife,  atleast,  totakeeffect  in  possession  orpro- 
fit,  immediately  on  death  of  husband,  or  by  any  pecuniary  provision  made  for 
her  benefit  and  in  lieu  of  dower  made  before  marriage,  and  with  her  assent. 

Tenant  in  dower  not  to  commit  waste. 

Evidence. — The  direct  evidence  of  one  witness,  who  is  entitled  to  full 
credit,  is  sufficient  for  jiroof  of  any  fact,  except  usury,  perjury  and  treason. 

Witness  can  be  heard  on  oath  or  affirmation,  can  only  testify  to  facts  in  his^ 
own  knowledge,  except  in  certain  cases  where  opinions  or  influence,  or  the 
declarations  of  others,  is  admissible. 

Inadmissible. — Those  of  unsound  mind  at  time  of  production  for  examina- 
tion. Children  under  ten  years  of  age,  who  appear  incapable  of  receiving  just 
impressions  of  the  facts  respecting  which  they  are  examined,  or  of  relating 
them  truly. 

Neither  husband  nor  wife  shall  be  examined  for  or  against  other,  without 
his  or  her  consent ;  nor  during  marriage  or  afterwards  without  such  consent, 
be  examined  as  to  any  communication  made  by  one  to  other,  during  marriage  ; 
but  this  exception  not  to  apply  to  civil  action,  suit  or  proceeding,  by  one 
against  other,  nor  to  criminal  actions  or  proceedings  for  crime,  committed  by 
one  against  other. 

Attorney  not  to  be  examined  as  to  communication  made  by  client,  to  him, 
or  his  advice  thereon,  in  course  of  professional  emi)loyment,  without  consent 
of  client. 

Priest  or  clergyman  not  to  be  examined  as  to  any  confession  made  to  him  in 
professional  capacity,  in  course  of  discipline  enjoined  by  his  church,  without 
consent  of  person  making  same. 

Physician  or  surgeon  not  to  be  examined  in  any  civil  suit  or  proceeding,  as 
to  any  information  acquired  in  attending  patient,  necessary  to  enable  him  to 
prosecute  or  act,  without  consent  of  patient, 

Public  officer  not  to  be  examined  as  to  communications  made  to  him  in  his 
official  confidence,  when  public  interest  would  suffer  by  the  disclosure. 

If  party  to  action,  suit  or  proceeding,  otter  himself  as  a  witness,  this  to  be 
deemed  consent  to  examination  of  wife,  husband,  attorney,  clergyman,  phy- 
sician, or  surgeon,  on  the  same  subject. 

[Org.  11.] 


654  OREGON. 

Execution. — Issues  immediately  after  entry  of  judgment,  and  in  justices' 
courts  is  returnable  in  thirty  days  ;  in  the  circuit  and  county  court,  in  sixty 
days.  A  levy  may  be  made  at  once.  Execution  may  issue  at  any  time  with- 
in five  years  after  judgment,  and  as  often  within  that  period  as  any  portion  of 
the  judgment  remains  unsatisfied.  If  no  execution  has  been  issued  within 
the  five  years,  it  can  only  issue  upon  order  of  the  court.  (See  Stay  of  Exe- 
cution.) 

Executors. — (See  Administration.) 

Exemptions. — There  is  no  homestead  law.  Personal  property  exempt,  in- 
cludes books,  pictures,  and  musical  instruments  to  the  value  of  $75 ,  wearing 
apparel  to  the  value  of  $100,  and  if  a  householder,  to  the  value  of  $50,  for 
each  member  of  the  family ;  tools,  implements,  apparatus,  team,  vehicle,  har- 
ness or  library,  when  necessary  in  tlie  occupation  or  profession  of  a  judgment 
debtor,  to  the  amount  of  $400 ;  also  sufficient  quantity  of  food  to  support 
sucli  team,  if  any,  for  sixty  days ;  word  team  not  to  include  more  than  one 
yoke  of  oxen,  or  a  span  of  horses  or  mules,  as  the  case  may  be  ;  if  the  judg- 
ment debtor  be  a  householder,  ten  sheep  with  one  year's  fleece,  orthe  yarn  or 
cloth  manufactured  therefrom  ;  two  cows,  five  swine,  household  goods,  fur- 
niture and  utensils,  to  the  value  of  $300;  also  food  sufficient  to  support  such 
animals,  if  any,  for  three  months,  and  provisions  actually  provided  for  family 
use  and  necessary  for  the.  support  of  such  householder  and  family,  for  six 
months :  the  seat  or  pew  occupied  by  a  householder  or  his  family  in  a  place 
of  public  worship ;  all  property  of  the  state  or  any  county,  incorporated  city, 
town,  or  village  therein,  or  of  any  other  i^ublic  or  municipal  corporation.  No 
article  of  property  is  exempt  from  execution  issued  upon  a  judgment  for  the 
purchase  price.  The  judgment  debtor  must  select  and  reserve  such  property 
as  he  claims  as  exempt  at  the  time  of  levy. 

False  Pretense. — Upon  trial  for  having  by  any  false  pretense  obtained 
signature  of  any  person  to  any  written  instrument,  or  obtained  from  any 
person  any  valuable  thing;  the  pretense  or  some  note  or  memorandum 
thereof  must  be  in  writing,  and  either  subscribed  by  or  in  the  handwriting  of 
the  defendant.  This,  however,  does  not  apply  to  an  action  for  false  repre- 
senting or  personating  another,  and  in  such  assumed  character  receiving  any 
such  valuable  thing.  If  a  person  shall  by  any  false  pretenses  or  by  any 
privy  or  false  token  and  with  intent  to  defraud,  obtain  or  attemi^t  from  any 
•other  person  any  money  or  property,  whatever,  or  shall  obtain  or  attempt  to 
obtain  with  like  intent,  signature  of  any  person  to  any  writing,  the  false 
making  whereof  would  be  punishable  as  forgery  ;  such  person  on  conviction 
shall  be  punished  by  imprisonment  in  penitentiary  not  less  than  one  nor  more 
than  five  years.  The  making  of  a  bill  of  sale  or  assignment  or  mortgage  of 
personal  property  by  any  person  not  the  owner  thereof,  for  the  purpose  of 
obtaining  money  or  credit  or  to  secure  an  existing  indebtedness  shall  be 
deemed  false  pretense,  within  meaning  of  statute. 

Frauds,  Statutes  of. — In  the  following  cases  the  agreement  void,  unless 
same  or  some  note  or  memorandum  thereof,  expressing  the  consideration,  be 
in  writing  and  subscribed  by  tlie  party  to  be  charged  or  by  his  lawfully  au- 
thorized agent ;  evidence  therefore  of  the  agreement  shall  not  be  received 
other  than  the  writing  or  secondary  evidence  of  its  contents,  in  the  cases 
prescribed  by  law  : 

1.  An  agreement  that  by  its  terms  is  not  to  be  performed  within  a  year 
from  the  making  thereof.  2.  An  agreement  to  answer  for  the  debt,  default 
or  miscarriage  of  another.  3.  An  agreement  by  an  executor  or  administra- 
tor to  pay  the  debts  of  his  testator  or  intestate  out  of  his  own  estate.  4.  An 
agreement  made  upon  consideration  of  marriage,  other  than  a  mutual 
promise  to  marry.  5.  An  agreement  for  the  sale  of  personal  i)roperty  at  a 
[Org.  12.] 


OREGON.  655 

price  not  less  than  fifty  dollars,  unless  the  buyer  accept  and  receive  some 
part  of  such  personal  property,  or  pay  at  the  time  some  part  of  the  purchase 
money,  but  when  fhe  sale  is  made  by  an  auction,  an  entry  by  the  auctioneer  in 
bis  sale-book,  at  the  time  of  the  sale,  of  the  kind  of  property  sold,  the  terms 
of  the  sale,  the  price,  and  the  names  of  the  purchaser  and  person  on  whose 
account  the  sale  is  made,  is  a  sufficient  memorandum.  6,  An  agreement  for 
the  leasing  for  a  longer  period  than  one  year,  or  for  the  sale  of  real  property 
or  of  any  interest  therein.  7.  An  agreement  concerning  real  property,  made 
by  an  agent  of  the  party  sought  to  be  charged,  unless  the  authority  of  the 
agent  be  in  writing. 

Garnishment. — Personal  property  in  possession  of  third  party,  debts,  and 
rlglits  and  shares  of  defendant  in  stock  or  association  or  corporation  or  pro- 
fits therein  can  be  garnished.  No  state  or  county  treasurer,  sheriff,  clerk, 
constable  or  other  public  officer  shall  be  liable  to  answer  as  garnishee  for 
moneys  in  his  possession  as  sucli  public  officer  belonging  to  or  claimed  by 
any  judgment  debtor. — (See  Attachments.) 

Grace. — Grace  is  the  customary  three  days. — {See  Notes  and  Bills  of  Ex- 
cliange.) 

Homesteads. — There  is  no  state  homestead  law. — {See  Exemptions.) 

Insolvent  Laws.— ('S'ee  Assi;/nments.) 

Interest. — Legal  rate  eight  per  cent.,  but  on  contracts  interest  at  the  rate 
of  ten  per  cent,  per  annum  may  be  charged  by  express  agreement  of  the 
l>arties.  Contracts  to  pay  eight  per  cent,  per  annum  and  taxes  are  likewise 
legal  and  valid.  Usury  works  forfeiture  of  the  whole  debt,  principal  and 
interest. 

Judgments. — Immediately  after  entry  of  judgment  in  an  action  the  clerk 
shall  docket  same  in  judgment  docket.  Any  time  afterwards  while  execu- 
tion might  issue  on  such  judgment  and  same  remains  unsatisfied  in  whole  or 
in  part,  a  certified  transcript  may  be  filed  in  the  county  clerk's  office  of  any 
county  in  the  state.  From  the  date  of  docketing  of  a  judgment  or  the 
transcript  thereof  such  judgment  shall  be  a  lien  upon  all  the  real  property 
of  the  defendant  within  the  county  or  counties  where  the  same  is  docketed 
or  which  he  may  afterwards  acquire  therein  during  the  time  an  execution 
may  issue  thereon. 

Parties  obtaining  judgment  in  justices'  court  for  sum  of  $10  or  more,  ex- 
clusive of  costs,  may  within  one  year  thereafter  file  certified  transcript 
thereof  with  county  clerk,  and  from  time  of  docketing  such  judgment  shall 
be  lien  on  real  property  of  defendant. 

Justices  of  the  Peace. — May  administer  oaths  and  affirmations,  take 
acknowledgment  and  proof  of  conveyances  of  real  property  and  take  affida- 
vits and  depositions  to  be  used  in  any  court  of  justice  or  other  tribunal  in 
this  state.  Elected  by  electors'  precinct  and  hold  office  for  two  years,  and 
until  successor  is  elected  and  qualified. — {See  Courts.) 

Landlord  and  Tenant. — In  leases  of  i-#il  property  on  failure  of  tenant 
to  pay  rent,  and  landlord  has  subsisting  right  to  re-enter  for  such  fiiilure.  he 
may  bring  action  to  recover  property.  Action  equivalent  to  demand  of  rent 
and  re-entry  of  property,  but  if  lessee  or  successor  in  interest  at  any  time 
before  judgment,  pay  to  plaintiff  amount  of  rent  in  arrear,  with  interest 
and  costs  of  action  and  perform  other  covenants  and  agreements  in  part  of 
lessee,  he  shall  be  entitled  to  continue  in  possession,  according  to  terms  of 
lease.     Defendant  in  actual  possession  of  laud  may,  for  answer,  plead  that 

[Org.  13.1 


656  OREGON. 

he  is  tenant  of  another,  naming  him,  and  landlord,  if  he  ajiply  therefor, 
shall  be  made  defendant  in  place  of  tenant ;  if  landlord  does  not  apply 
■within  a  day  tenant  is  allowed  to  answer,  thereafter  he  shall  not  be  allowed 
to,  bnt  sliall  be  made  defendant,  if  plaintiff  require.  Then  landlord  allowed 
ten  days  from  date  of  notice  of  pendency  of  suit. 

Guardian,  tenant  in  severalty  or  in  common,  for  life  or  years,  of  real  prop- 
erty, committing  waste  thereon,  liable  for  treble  damages,  forfeiture  of 
estate  and  eviction  from  property.  Judgment  of  forfeiture  and  eviction  to 
be  given  only  in  favor  of  person  entitled  to  reversion  against  tenant  in  pos- 
session, when  injury  to  reversion  equal  to  value  of  tenant's  estate  or  unex- 
pired term  or  when  due  or  suffered  in  malice. 

Party  entitled  to  estate  for  life  or  years,  m  any  undivided  part  of  prop^ 
erty,  whose  estate  shall  have  been  sold,  entitled  to  receive  sum  in  gross,  as 
may  be  deemed  on  law  applicable  to  annuities.  A  reasonable  satisfaction 
for  same,  and  which  party  entitled  shall  consent  to  accept  by  instrument 
duly  acknowledged  or  proved,  in  manner  as  deeds,  for  ])urpose  of  record  and 
filed  with  clerk.     If  party  does  not  consent,  court  to  determine  proportion. 

Every  person  in  possession  of  land  out  of  which  rent  due,  liable  for  rent. 
Rent  may  be  recovered  in  action  at  law. 

Estates  at  will,  or  sufterauce,  may  be  determined  by  either  party  by  three 
months'  notice  in  writing,  and  when  rent  reserved  in  lease,  at  will,  payable  at 
periods  of  less  than  three  months'  notice,  sufficient  if  equal,  to  interval  be- 
tween times  of  payment.  In  cases  of  neglect  or  refusal  to  pay  rent  due  in 
lease  at  will  fourteen  days'  notice  to  quit,  given  in  writing,  by  landlortl,  suffi- 
cient to  determined  lease  ;  where  forcible  entry  on  premises  or  peaceable 
entry,  and  possession  held  by  force,  person  entitled  to  premises  may  main- 
tain action  to  recover  possession  before  any  justice  of  the  peace  in  county 
wliere  property  situated.  Where  tenant  or  person  in  possession  fails  or 
refuses  to  pay  rent  due  in  lease  or  agreement,  or  deliver  up  possession  for 
ten  days  after  demand  in  writing,  when,  after  notice  to  quit,  person  shall 
continue  in  posession  of  premises  at  exiiiration  of  time  limited  in  lease  or 
agreement,  or  contrary  to  any  conditi(m  or  covenant  thereof,  or  without  any 
written  lease  or  agreement  therefor,  are  deemed  unlawful  holding  by  force. 

Notice  to  quit  must  be  in  writing  and  served  ten  days  before  commence- 
ment of  action.  Where  leasing  or  occupation  is  for  purpose  of  farming  or 
agricultural  purposes,  ninety  days' notice  necessary.  Tenant  or  person  in 
possession  in  such  cases  entitled,  after  termination  of  lease  or  occupancy,  to 
have  free  access  to  cultivate  and  harvest  or  gatlier  any  crop  or  produce  of 
soil,  planted  or  sown  by  him  before  service  of  notice  to  quit.  Joint  tenancy 
abolished. 

Leases. — Leases  for  period  longer  than  one  year  void,  unless  in  writing 
and  signed  by  party  to  be  charged  or  by  his  lawfully  authorized  agent.  Ii" 
leasee,  or  occupant  of  house,  convicted  of  keeping  bawdy  house,  lease  or 
contract  voidable  at  option  of  landlord  and  he  is  entitled  to  recover  posses- 
sion of  premises.  Leases  of  premises  for  gambling  purposes  void. — (5ce 
Landlord  and  Tenant.^ 

Licenses. — Licenses  to  sell  spirituous  liquors,  to  keep  billiard  tables  and 
ball  alleys,  to  peddlers,  to  keep  dance  houses  and  to  run  ferry  within  county 
granted  by  county  court.  License  to  marry  issued  by  county  clerk  of  county 
where  female  resides.  License  not  to  issue  witliout  mutual  consent  of 
j)arent  and  guardian,  if  there  be  ^y,  if  female  under  18  or  male  under  21, 
nor  in  any  case,  unless  parties  are  of  an  age  capable  of  contracting  mar- 
riage. But  if  either  of  parties  have  no  i)areut  or  guardian,  resident  in  state, 
if  female  has  resided  within  county,  when  license  is  applied  for,  for  six 
months  next  preceding  application,  license  may  issue,  if  otherwise  proper, 
without  such  consent.  Before  license  issues  applicant  shall  file  with  county 
clerk  affidavit  of  person  other  than  parties  .seeking  license,  showing  above 
facts,  or  such  of  them  as  are  necessary,  except  consent  of  parent  or  guardian. 
[Org.  14.] 


OREGON.  657 

Such  attidavit  sufficient  authority  for  clerk  to  issue  license.  Party  solemniz- 
ing marriage  authoiized  to  retain  license,  but  clerk  issuing  same,  before  de- 
livering it  shall  enter  in  marriage  book  memorandum  of  names  of  parties, 
consent  of  guardian  or  parent,  if  any,  and  name  of  affiant  and  substance  of 
affidavit  and  date  of  license.  In  municipalities,  have  authority  to  issue 
licenses  for  various  purposes. 

Liens. — Every  mechanic,  artisan,  machinist,  builder,  contractor,  or  lum- 
ber merchant,  laborer  and  other  jjersons  performing  labor  or  furnishing  ma- 
terial of  any  kind  to  be  used  in  construction,  alteration  or  repair  of  any 
building,  wharf,  bridge,  ditch,  flume,  tumiel,  fence,  machinery  or  aqueduct 
or  any  other  stracture  or  supei'-stnicture,  shall  have  lien  on  same  for  work 
done  or  material  furnished,  at  instance  of  owner  of  building  or  other  im- 
provement or  his  agent.  Every  boat  used  in  navigating  waters  of  state  shall 
be  liable  and  suject  to  a  lien  :  1.  For  wages  due  j^ersons  employed  for  work 
done  or  services  rendered  on  board  such  boat  or  vessel.  2.  For  all  debts  due 
persons  by  virtue  of  contract  expressed  or  implied  with  owners  of  a  boat  or 
vessel  or  with  their  agents,  contractors  or  sub-contractors,  or  with  any  per- 
son having  them  employed  to  construct,  repair  or  launch  such  boatorvessel, 
on  account  of  labor  done  or  materials  furnished  by  mechanics,  tradesmen  or 
others,  in  building,  repairing,  fitting  and  furnishing  or  equipping  such  boat 
or  vessel  on  account  of  stores  and  supplies  furnished  for  use  thereof  or  on 
account  of  launch-ways  constructed  for  launching  of  such  boat  or  vessel. 
3.  For  all  sums  due  for  wharfage,  anchorage  or  towage  of  such  boat  or  ves- 
sel within  the  state.  4.  For  all  demands  or  damages  accruing  from  the  non- 
performance or  mal-performance  of  any  contract  of  afreightment  or  of  any 
contract  touching  the  transportation  of  persons  or  i>roperty,  entered  into  by 
master,  owner,  agent  or  consignee  of  boat  or  vessel  on  which  such  contract 
is  to  be  performed  and  for  damages  or  injuries  done  to  persons  or  property 
by  such  boat  or  vessel. 

Limitations. — Actions  for  the  recovery  of  real  property,  or  upon  a  judg- 
ment or  sealed  instrument,  shall  be  commenced  within  ten  years. 

Actions  upon  a  contract  or  liability,  express  or  implied,  excepting  those 
mentioned  above  ;  upon  a  liability  created  by  statute,  other  than  a  penalty 
or  forfeiture  ;  for  waste  or  trespass  upon  real  property,  or  for  taking,  detain- 
ing or  injuring  personal  property,  including  an  action  for  the  specific  recov- 
ery thereof  within  six  years. 

An  action  against  a  sherift",  coroner,  or  constable  upon  a  liability  incurred 
by  the  doing  of  an  act  in  his  official  capacity,  and  in  virtue  of  his  office, 
within  three  years. 

An  action  for  libel,  slander,  or  assault  and  battery,  within  two  years. 

An  action  against  a  sheriff  or  other  officer  for  the  escape  of  a  prisoner  ar- 
rested or  imprisoned  on  civil  i^rocess,  within  one  year. 

In  actions  to  recover  balance  upon  a  mutual,  open  aud  current  account, 
the  cause  of  action  shall  be  deemed  to  have  accrued  from  the  time  of  the 
last  item  proved  m  the  account  on  either  side  ;  but  whenever  a  period  of  one 
year  shall  elapse  between  any  of  a  series  of  items  or  demands,  they  are  not 
to  be  deemed  such  an  account. 

No  action  shall  be  maintained  in  this  state  upon  a  cause  of  action  arising 
in  another  state,  territory  or  country,  between  non-residents  of  this  state, 
and  which  is  barred  by  limitation  of  such  state,  territory  or  country.  Re- 
vivor :  Payment  on  account  or  promise  in  writing. 

Limited  Partnerships. — For  transaction  of  mercantile,  mechanical  or 
manufacturing  business  may  be  formed  by  two  or  more  pers<ms.  It  may 
have  one  or  more  general  partners,  who  are  jointly  and  severally  liable,  and 
one  or  more  persons  who  shall  contribute  a  specific  sum  in  actual  money  as 
capital  as  special  partners  aud  who  are  not  personally  liable  for  debts  of 

[Org.  15.] 


658  OREGON. 

partnership.  They  shall  make  and  subscribe  certificate  in  duplicate  and  file 
one  with  county  clerk  of  county  where  principal  place  of  business  is  to  be. 
Certificate  shall  be  duly  acknowledged  by  each  partner.  It  shall  contain 
name  of  partnership,  names  and  residences  of  general  and  special  partners, 
amount  contributed  by  each  special  partner,  general  nature  of  business  and 
time  of  beginning  and  ending  of  partnership.  If  false  statement  made  in 
certificate,  all  liable  as  general  partners.  Partners,  for  four  successive  weeks 
after  filing  of  certificate,  publish  copy  of  same  in  some  weekly  newspaper 
published  in  county,  or  if  not  such  paper,  then  hi  one  in  general  circulation 
there,  and  until  such  publication  is  made  and  completed,  partners  are  deemed 
general.  Limited  jjartnership  may  be  renewed  or  continued  by  making,  ac- 
knowledging, filing  and  publishing  certificate  as  above,  and  if  thatis  not  done 
such  partnership  deemed  general  from  expiration  of  original  time.  Busi- 
ness to  be  conducted  under  name  of  general  partners,  and  no  addition  of 
company  or  other  general  term.  If  name  of  special  partner  used  in  firm 
with  his  consent,  or  if  he  personally  makes  contract  respecting  concerns  of 
partnership  with  any  person,  except  general  partners,  he  is  to  be  deemed 
general  partner,  unless  it  appear  that  he  a'jted  and  was  recognized  as  special 
partner  only.  During  continuance  no  part  of  capital  stock  to  be  withdrawn 
nor  any  division  of  interests  or  profits  made,  so  as  to  reduce  capital  stock 
below  sum  stated  in  certificate.  If  at  any  time  during  or  at  termination  of 
partuersliip,  property  or  assests  thereof  are  insufficient  to  pay  partnershii) 
debts,  then  s])ecial  partners  liable  for  all  sums  or  amounts  received  or  with- 
drawn, with  interest  thereon,  from  time  of  receipt  or  withdrawal.  Actions, 
suits  or  proceedhigs  to  be  prosecuted  by  or  against  general  partners  only,  ex- 
cept when  special  partners  are  to  be  general  and  when  special  partners  are 
severally  liable  in  account  of  sums  of  amounts  received  or  withdrawn  by 
them.  No  dissolution  of  limited  partnership  shall  take  place,  except  by 
operation  of  law,  before  time  specified  in  certificate,  unless  notice  of  dissolu- 
tion subscribed  by  general  and  special  partners  is  filed  with  original  cei*tifi- 
cate  or  cei'tificate  of  renewal  or  unless  cojjy  of  same  be  published  for  time 
and  in  manner  prescribed  for  publication  of  certificate  of  partnership. 

Married  Women. — Retain  their  real  and  personal  estate  owned  by  them 
at  time  of  marriage,  or  afterward  acquired  by  gift,  devise  or  inheritance,  free 
from  the  debts,  contracts,  and  control  of  their  husbands.  A  married  woman 
may  make  contracts  in  her  own  name,  buy  goods,  give  notes  in  settlement, 
and  incur  liabilities  to  same  extent  as  if  unmarried,  and  her  real  and  personal 
property  may  be  sold  to  satisfy  the  same.  Husband  not  responsible  for  civil 
injuries  committed  by  wife,  except  in  those  oases  where  he  would  be  jointly 
responsible  with  her  if  marriage  did  not  exist.  One  may  appoint  the  other 
his  or  her  attorney  in  fact,  and  revoke  the  same  to  the  same  extent  and  man- 
ner as  other  persons.  Neither  husband  nor  wife  is  liable  for  debts  or  liabili- 
ties of  other  incurred  before  marriage.  Conveyances,  transfers  or  liens  exe- 
cuted by  the  one  to  or  in  favor  of  the  other,  are  valid  to  same  extent  as  be- 
tween other  persons.  She  may  manage,  sell,  convey  or  devise  her  property 
by  will  to  the  same  extent  and  in  same  manner  that  her  husband  can  prop- 
erty belonging  to  him.  She  is  entitled  to  receive  and  hold  the  wages  of  her 
personal  labor,  and  sue  therefor  in  her  own  name,  and  she  can  prosecute  and 
<lefend  all  actions  for  the  preservation  or  protection  of  her  property  and 
rights  as  if  unmarried.  The  expenses  of  the  family  and  education  of  the 
viuldren  are  chargeable  upon  the  property  of  both  liusband  or  wife,  or  either 
i'l"  them,  and  in  relation  thereto  they  may  be  sued  jointly  or  separately.  The 
'.•■gilt  and  responsibility  of  the  parents  as  to  the  children  are  equal.  All 
laws  imposing  or  i-ecognizing  civil  disabilities  upon  the  wife  not  imposed 
<ir  recognized  upon  the  husband  (excepting  the  right  to  vote  and  hold  office) 
liave  been  repealed. 

Mechanics'  Liens.— ('"^Vf  Liens.) 


i 


OREGON.  659 

Minors. — All  persons  are  minors  who  are  under  twenty-one  years  of  age. 

Mortgages. — Of  real  property  are  executed  in  the  same  manner  as  deeds. 
They  are  foreclosed  by  a  suit  in  ecpiity,  and  in  cases  where  the  uiortgage 
contains  an  express  covenant  on  the  jiart  of  tlie  mortgagor  to  jiay  the  debt, 
or  where  a  promissory  note  or  other  personal  obligation  for  the  payment  of 
tlie  debt  lias  been  given  by  the  mortgagor  in  addition  to  the  decree  of  fore- 
closure and  sale  the  court  shall  also  decree  a  recovery  of  the  amount  of  such 
debt  against  such  person  or  persons,  as  the  case  may  be,  as  in  the  case  of  an 
ordinary  decree  for  the  recovery  of  money;  but  no  mortgage  shall  be  con- 
strued as  implying  a  covenant  for  the  payment  of  the  sum  thereby  intended 
to  be  secured  ;  and  where  there  shall  be  nt)  expi-ess  covenant  for  such  pay- 
ment and  no  bonil  or  other  separate  instrument  to  secure  sucli  payment  shall 
liave  been  given,  the  remedies  of  the  mortgagee  shall  be  confined  to  the 
lands  mentioned  in  mortgage.  A  decree  of  foreclosure  shall  have  the  effect 
to  bar  the  eipiity  of  redemiition,  and  property  st)ld  on  execution  issued  upon 
a  decree  may  be  redeemed  in  like  manner  and  with  like  effect  as  i^roperty 
sold  on  an  execution  issued  on  a  judgment  and  not  otherwise. 

Notes  and  Bills  of  Exchange.— On  all  bills  of  exchange  payable  at  a 
future  day  certain  within  this  state  and  on  all  negotiable  promissory  notes, 
orders  and  drafts,  payable  at  a  future  day  certain  within  this  state,  in  which 
there  is  not  an  express  stipulation  to  tlie  contrary  ;  three  days'  grace  shall 
be  allowed  ;  but  this  does  not  apply  to  any  bill  of  exchange,  note  or  draft, 
payable  at  sight  or  on  demand. 

No  person  within  this  state  shall  be  charged  as  an  acceptor  of  a  bill  of  ex- 
change, unless  his  acceptance  shall  be  in  writing,  signed  by  himself  or  his 
lawful  agent.  Damages  allowed  on  protested  bills  of  exchange  ;  domestic, 
five  per  cent.  ;  foreign,  ten  per  cent.  Negotiable  instruments  payable  on  a 
holiday  become  due  the  next  business  day. 

Endorsers  on  a  note  when  propeiiy  charged  by  protest  are  liable  as  long- 
as  the  maker. 

Oaths  and  AfB.davits. — Every  court,  judge,  clerk  of  court,  justice  of 
peace  or  notary  public  authorized  to  administer  oaths  and  affidavits,  genei- 
ally.  If  party  swearing  has  a  peculiar  mode  of  so  doing  or  believes  in  any 
other  than  the  christian  religion,  court  or  officer  may  use  discretion  and 
swear  liim  accordingly. 

Partnerships. — General  partners  are  jointly  and  severally  liable  for  the 
debts  of  the  fii'm.  Surviving  partner  entitled  to  administer  on  estate  of 
partnership,  if  he  have  qualificatit)n  of  general  i>artner  and  apply  for  lettei-s 
within  five  days  after  filing  inventory.  Partners  in  mercantile  or  other  busi- 
ness may  be  jointly  taxed  in  partnership  name,  or  severally  taxed  for  indi- 
vidual shares  of  all  personal  property  employed  in  business,  and  in  case  they 
are  jointly  taxed,  such  partner  liable  for  whole  tax.  All  partners  are  deemed 
general,  unless  they  are  formed  into  a  limited  partnership, — (See  Limited 
PartnersMp.) 

Promissory  Notes. — {See  Noten.  arid  Bills  of  Exchange.) 

Practice. — The  practice  is  under  the  code  system,  but  the  distinction  be- 
tween law  and  equity  is  still  observed. 

Proof  of  Claims. — Persons  having  claims  again.st  estates  of  deceased  per- 
sons must  present  them,  with  the  i)roi>er  vouchers,  to  the  executor  or  ad- 
ministrator within  six  months  from  date  of  notice,  i)ublished  by  executor  or 
administrator  of  his  appointment. — {See  Admiidtttratioii.) 

[Org.  17.] 


660  OREGON. 

Recording. — Every  conveyance  of  real  property  within  this  state  not  re- 
corded ^vithiu  five  days  thereafter  void,  against  subsequent  purchaser,  in 
good  faith,  if  no  valuable  consideration  of  same  real  property,  or  any  por- 
tion thereof,  whose  conveyance  shall  be  first  duly  recorded.  Recording  of 
assignment  of  mortgage  not  in  itself  to  be  deemed  notice  of  such  assign- 
ment to  the  mortgagor,  his  heirs  or  personal  representatives,  so  as  to 
invalidate  any  payment  made  by  them  or  either  of  them  to  mortgagee.— (5<je 
Deeds,  Mortgages  and  Chattel  Mortgages.) 

Redemption.— Property  sold  subject  to  redemption  may  be  redeemed  by 
judgment  debtor  or  successors  in  interest  or  by  a  creditor  having  a  lien  by 
judgment,  decree  or  mortgage,  on  any  part  of  property  subsequent  in  time 
to  that  on  which  property  was  sold. 

Replevin.— In  action  to  recover  possession  of  personal  pi'operty,  plaintiff 
at  any  time  after  action  is  commenced  and  before  judgment,  may  claim  im- 
mediate delivery  of  such  property.  Affidavit  shall  be  made  by  plaintiff,  or 
some  one  in  his  behalf,  to  the  effect  that  plaintiff  is  owner  or  lawfully  en- 
titled to  possession  of  property,  that  property  is  wrongfully  detained  by  de- 
fendant. The  alleged  cause  of  the  detention  thereof,  according  to  his  best 
knowledge,  information  and  belief,  that  same  has  not  been  taken  for  tax,  as- 
sessment or  fine,  pursuant  to  statute,  or  seized  under  execution  or  attach- 
ment against  property  of  plaintiff,  or  if  so  seized  that  it  is  by  statute,  ex- 
empt from  such  seizure,  actual  value  of  property.  Plaintiff  may,  by  en- 
dorsement in  writing  upon  the  affidavit,  require  sheriff  where  property 
claimed  may  be  to  take  same  from  defendant  and  deliver  to  plaintiff  on 
receipt  of  affidavit  and  endorsement  thereon,  with  a  written  undertaking, 
executed  by  two  or  more  sufficient  sureties,  approved  by  sheriff,  to  effect 
that  they  are  bound  in  double  value  of  property  stated  in  affidavit,  for  the 
return  of  property  to  defendant  if  return  thereof  be  adjudged  and  for  pay- 
ment to  him  of  such  sum  as  may  be  recovered  against  plaintiff,  sheriff  shall 
take  property.  Copy  of  affidavit,  endorsement  and  undertaking  shall  be 
served  on  defendant  without  delay.  Defendant  may  recover  property  again 
into  i^ossession  by  giving  counter-undertaking,  with  two  or  more  sufficient 
sureties,  conditioned  to  pay  plaintiff  as  aboTe. 

Revenue. — Legislature  shall  provide  by  law  for  uniform  and  equal  rate  of 
assessment  and  taxation,  and  shall  prescribe  such  regulations  as  shall  secure 
a  just  valuation  for  taxation  of  all  property,  both  real  and  personal,  except- 
ing such  only  for  municipal,  educational,  literary,  scientific,  religious  or 
charitable  purposes  as  may  be  specially  exempted  by  law.  Legislative  as- 
sembly shall  provide  for  raising  revenue  sufficient  to  defray  the  expenses  of 
the  state  for  each  fiscal  year,  and  also  a  sufficient  sum  to  pay  the  interest  on 
the  state  debt,  if  there  be  any. 

Seal. — Is  essential  to  the  due  execution  of  a  deed,  mortgage  of  real  prop- 
erty, or  other  instrument  conveying  real  property  or  any  iutei'est  therein.  A 
scroll  is  sufficient  seal. — {See  Deeds  and  Mortgages.) 

Security  for  Costs  and  other  Undertakings. — Sureties  in  undertakings 
must  be  resident  and  householder  or  freeholder  within  the  state,  but  no 
counsellor  or  attorney-at-law,  sheriff,  clerk  of  any  court,  or  other  officer  of 
any  court  shall  be  permitted  to  become  bail  in  any  action.  Each  surety  must 
be  worth  amount  specified  in  undertaking  over  and  above  all  just  debts  and 
liabilities,  and  exclusive  of  property  exempt  from  execution,  where  there  is 
only  one  surety,  he  must  be  worth  double  the  amount  stated  in  the  undertak- 
ing.— {See  Costs,  Security  for.) 

'  [Org.  18.] 


OREGON.  661 

Stay  of  Execution. — Is  only  allowed  on  appeal,  and  then  only  when  an 
nndertaking  with  sureties  is  given  to  pay  the  judgment  which  may  be 
awarded  against  the  appellant  on  the  appeal.  Notwithstanding  such  under- 
taking, the  party  recovering  judgment  may  in  ordinary  cases  enforce  it  by 
giving  a  counter-undertaking. 

Suits. — (See  Actions.) 

Supplementary  Proceedings. — After  issuing  of  execution  and  on  proof 
by  athdavit  of  plaintilf  or  otherwise,  that  judgment  debtor  has  property 
liable  to  execution,  which  he  refuses  to  apply  to  satisfaction  of  judgment, 
court  or  judge  may,  by  order,  require  debtor  to  appear  and  answer  under 
oath  concerning  same  before  such  court  or  judge,  or  before  a  referee  ap- 
pointed by  such  court  or  judge,  at  a  time  and  place  specified  in  order. 
Either  party  may  examine  witnesses  in  behalf.  Examination  if  required  by 
plaintiff  in  suit  shall  be  reduced  to  writing  and  filed  with  clerk.  If  it  appear 
that  debtor  has  property  liable  to  execution  court  may  direct  that  he  apply 
the  same  in  satisfaction  of  judgment  or  that  property  be  levied  on  by  execu- 
tion. Court  may  also  make  order  restraning  judgment  debtor  from  selling, 
transferring  or  disposing  in  any  manner  of  property  liable  to  execution.  If 
it  appear  to  court  that  there  is  danger  of  defendant  leaving  state  or  conceal- 
ing himself,  and  that  he  has  assets  which  he  refuses  to  apply  in  judgment, 
couit  may  order  him  to  be  arrested  and  brovight  before  court,  and  if  there  is 
danger  of  his  leaving  state  and  if  he  has  assets  which  he  refuses  to  apply  in 
judgment  he  may  be  ordered  to  enter  into  undertaking  with  one  or  more 
sureties,  that  he  will  attend  court  when  directed  and  will  not  during  pro- 
ceeding dispose  of  property  liable  to  execution.  In  default  of  undertaking, 
may  be  committed  to  jail. 

Taxes. — No  tax  shall  be  levied  except  in  pursuance  of  law,  and  every  law 
imposing  tax  shall  state  distinctly  object  of  same,  to  which  only  it  shall  be 
applied.  Same  rate  of  taxation  for  residents  and  non-residents.  All  prop- 
erty, real  and  personal,  within  state  not  expressly  exempted,  subject  to  tax- 
ation. When  real  property  is  sold  for  delinquent  taxes,  i^urchaser  to  certifi- 
cate of  sale.  Redemption  may  be  made  within  one  year  from  date  of  certi- 
ficate of  sale  by  paying  purchase  money  and  20  per  cent,  thereon,  and  all 
taxes  paid  by  purchaser,  within  2  years,  by  paying  purchase  money  and  30 
per  cent,  and  all  taxes  paid  by  purchaser.  After  exi)iration  of  2  years  from 
date  of  certificate  of  sale,  if  there  be  no  redemption,  sherift'  shaU'execute  to 
purchaser  deed,  which  is  prima  facie  evidence  of  title  in  grantee. — (See 
Eevemie.) 

Trust  Deeds. — There  is  no  provision  in  the  law  relative  to  trust  deeds. 
Usury. — (See  Interest.) 

Wills. — Every  person  21  years  old  and  upward,  of  sound  mind,  may  do- 
vise  all  estate,  real  and  j^ersonal,  saving  to  widow  dower  ;  person  of  sound 
mind  of  18  years  may  dispose  of  goods  and  chattels  ;  married  woman  may 
dispose  of  any  real  estate  held  in  her  own  right,  subject  to  rights  of  husband 
as  tenant  by  curtesy. 

Will  must  be  in  writing,  signed  by  testator  or  by  some  other  person  under 
his  direction,  in  his  presence,  and  shall  be  attested  by  two  or  more  compe- 
tent witnesses  subscribing  their  names  in  presence  of  testator.  Person  sign- 
ing testator's  name  shall  sign  will  as  witness,  and  state  that  he  .subscribed 
testator's  name  at  his  request.  If  after  making  will  disposing  of  all  of  prop- 
erty, testator  should  marry  and  die,  leaving  issue  by  marriage,  will  deemed 
revoked  unless  provision  shall  have  been  made  for  issue  by  some  settlement, 

[Org.  19.] 


662  OREGON. 

or  unless  jfrovided  for  in  Avill.  Will  of  unmarried  woman  revoked  by  sub- 
seciuent  marriage. 

If  person  make  will  and  die,  leaving  child  or  children,  or  descendants  of 
child  or  children,  in  case  of  their  death,  not  named  or  provided  for  ha  will, 
though  bora  after  making  of  will  or  death  of  testator,  such  testator  so  far 
as  regards  such  child  or  children,  or  descendants,  not  provided  for  shall  be 
deemed  to  die  intestate  and  such  child  or  children,  or  descendants,  shall  be 
entitled  to  proportion  of  estate  as  if  testator  had  died  intestate,  and  same 
shall  be  assigned  to  them  and  all  other  heii's,  devisees  and  legatees  shall  re- 
fund their  proportional  part. 

When  estate  is  devised  to  child,  grandchildren  or  other  relative  or  testator, 
and  such  devisee  shall  die  before  testator,  leaving  lineal  descendants,  descen- 
dants shall  take  the  estate,  real  and  personal,  as  devisee  would  have  done, 
had  he  survived  the  testator. 

Nuncupative  will  must  be  offered  for  proof  within  six  nionths  after 
speaking  the  testamentary  words.  Nor  unless  the  words  or  substance  were 
reduced  to  writing  within  thirty  days  after  they  were  spoken.  No  probate 
of  nuncupative  will  shall  be  granted  for  fourteen  days  after  death  of  testator. 
Nor  shall  it  be  at  anytime  proven  tmless  testamentary  words  or  svibstance  be 
first  committed  to  writing  and  citation  issued,  accompanied  with  copy 
thereof,  to  call  the  widow  or  next  of  kin  of  deceased,  that  they  may  contest 
will  if  they  think  proper. 

Any  person  not  an  inhabitant,  but  owning  property,  real  or  personal,  in 
this  state,  may  devise  or  bequeath  such  property  by  last  will  executed  and 
proved  (if  real  estate  be  devised)  according  to  laws  of  this  state,  or  (if  per- 
sonal estate  be  bequeathed)  according  to  the  laws  of  this  state  or  of  county, 
state  or  territory  in  which  will  shall  be  proved.  Copies  of  such  will  and 
probate  thereof  shall  be  recorded  in  same  manner  as  wills  executed  and 
proved  in  this  state,  and  shall  be  admitted  in  evidence  in  same  manner  and 
with  like  effect.  Such  will  maybe  contested  and  annulled  within  same  time 
and  in  same  manner  as  wills  executed  and  proven  in  this  state.  County 
court  has  exclusive  jurisdiction  in  matters  relating  to  wills. — {See  Adminis- 
tration.) 

"Witnesses. — No  person  shall  be  rendered  incompetent  as  a  witness  or 
juror  in  consequence  of  his  opinion  on  matters  of  religion,  nor  be  questioned 
in  any  court  of  justice  touching  his  religious  belief,  to  affect  the  weight  of 
his  testimony.  Constitution  of  Oregon,  Art.  1,  §6.  Bill  of  rights.  Wit- 
ness presumed  to  speak  truth.  Usury,  perjury  and  treason  shall  be  proved 
by  testimony  or  more  than  one  witness  ;  usage  by  testimony  of  at  least  two; 
treason  by  testimony  of  two  witnesses  to  same  overt  act,  and  perjury  by  two 
witnesses,  or  one  witness  and  corroborating  circumstances. — {See  Evidence.y 


[Org.  20.] 


OREGON. 


663 


ATTORNEYS    IN    OREGON, 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  population. 
Figures  after  names  when  admitted  to  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (J)  our  Compiler  of  liaws. 
A  dagger  (t)  former  recommendations  withdrawn. 


PLACE.  COUNTY.  NAMES   OF    ATTORNEYS.     POPULA'N 

Alkali  Gilliam  (See  Dallas.^ 

Albany  Linn  Hon.  R.  S.  Strahan.  3,G10 

Astoria  Clatsop  J,  Q.  A.  Bowlby.  5,721 

Baker  City  Baker  Hon.  L.  B.  Ison.  1,258 

Canyon  City  Grant  Clifford  &  Williams.  550 

Cowallis  Benton  M.  S.  Woodcock.  1,700 

Dallas  Polk  Warren  Fruit.  1,100 

EUensburgh  Curry  I.  Huntly.  200 

Empire  City  Coos  Hazard  &  Wilson.  317 

Eugene  City  Lane  G,  B.  Doris.  2,167 

Heppner  Morrow  G.  W.  &  J.  E.  Wright.  700 

Hillsborough  Washington  Hare  &  Barrett.  650 

Jacksonville  Jackson  C.  W.  Kahler.  1,500 

Kerby  .Josephine  [See  Jacksonville.)  120 

La  Fayette  Yam  Hill  Fenton  &  Fenton.  782 

Lakeview  Lake  C.  A.  Cogswell.  400 

Linkville  Klamuth  S.  B.  Cranston.  275 

McMinuville  Yam  Hill  W.  D.  Fenton.  1,200 

Oregon  City  Clackmas  D.  C.  Latourette.  2,000 

Pendleton  Umatilla  Bailey  &  Balleroy.  2,000 

C  X  Stewart  B.  Linthicum. 

Portland  Multnomah  {  See  Card  in  Apj^emlix, 2ki(jc  xxiii.  _^^ 

^  f  TF.  5.  Becbe.  "'^'"*^" 

Pineville  Crook  {See  Albany)  500 

Roseburgh  Douglas  J.  C.  Fullerton.  1,275 

St.  Helena  Columbia  Moi-e  &  Cole.  400 

Salem  Marion  Wm.  Waldo.  6,000 

The  Dallas  Wasco  Mavs  &  Huntington.  4,619 

Tillamook  Tillamook  C.  thaver.  400 

Union  Union  R.  Eakins.  1,000 


664 


OREGON. 


BANKS  IN    OREGON. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  of  one 
bank  in  each  county  of  this  state  in  whicli  such  a  banking  institution  is  located. 


PLACE. 

Albany 
Arlington 
Ashland 
Astoria 
Baker  City 
East  Portland 

Eugene  City 

Island  City 

Jacksonville 

Lebanon 

McMinnville    ■ 

Oregon  City 
Pendleton 


NAME   OP   BANK. 

First  National  Bank 
Condon  &  Cornish 
Bank  of  Ashland 
First  National  Bank 


Portland 


Salem 

Summerville 
The  Dalles 
Union 


(  Lane  County  Bank 

First  National  Bank 

C.  C.  Beekman 

Bank  of  Lebanon 
f  First  National  Bank 
t  Yam  Hill  County  Bank 

Bank  of  Oregon  City 

First  National  Bank 
f  Aiusworth  National  Bank 
I  Commercial  National  Bank 
I  First  National  Bank 
■j  Metropolitan  Savings  Bank 

Portland  National  Bank 

Portland  Savings  Bank 
t  Ladd  &  Tilton 
(,  Capital  National  Bank 
I  First  National 

Farmers'  Mort.  &  Sav'gs  B'k 
C  First  National  Bank 
(  French  &  Co 

First  National  Bank 


PAID   UP 

CASHIER. 

CAPITAL. 

Henry  F.  Merrill. 

$50,000 

20,000 

E.  V.  Carter. 

48,000 

Samuel  S.  Gordon. 

50,000 

J.  H.  Parker. 

50.000 

B.  H.  Bowman. 

50.000 

L.  B.  Eakin,  .Jr. 

50,000 

H.  C.  Humphrey. 

50,000 

W.  H.  McDonald. 

50,000 

50,000 

J.  M.  Ralston. 

20,000 

John  Wortmau. 

50,000 

Clark  Braley. 

50,000 

Chas.  H.  Canfield. 

50,0(i0 

Samuel  P.  Sturgis. 

50,000 

J.  P.  Marshall. 

100,000 

R.  L.  Durham. 

100.000 

G.  E.  Withington. 

250,000 

S.  J.  Gorman. 

37.500 

D.  F.  Sherman. 

100.000 

H.  C.  Stratton. 

125,000 

250.000 

J.  H.  Albert. 

75,000 

John  IMoir. 

60.000 

N.  B.  Harris. 

36.900 

H.  M.  Beal. 

50.000 

G.  V.  Bolton. 

150.000 

W.  T.  Wrigh  t. 

50.0CO 

STATE  OF 

PENNSYLVANIA. 

SUMMAllY   OF 

Collection    Laws. 

Court  Calendar,  Instructions  for  taking  Depositions,  Legal  Forms,  Etc. 

Expressly  Prepared  and  Revised  to  Nov.  1st,  1S87,  for  "Showers' 

Legal  Directory  and  Merchants'  Guide,"  for  18S8,  by 

Wm.  L,  Showers,  of  the  Philadelphia  Bar. 

Ackno'wledgments. — Of  deeds  of  land  in  Pennsylvania,  taken  elsewhere, 
may  be  made  in  the  United  States  before  any  mayor  or  chief  magistrate,  or 
officer  of  any  town  or  city  where  the  deed  is  made,  certified  under  the  seal  of 
such  city  or  town  ;  any  judge  of  any  court  of  record  ;  any  judge  of  a  federal 
court,  under  the  hand  of  the  judge's  seal  of  the  court ;  commissioner  for 
Pennsylvania  ;  any  officer  in  any  state  authorized  by  the  laws  of  said  state 
to  take  acknowledgments,  the  authority  to  be  proved  by  certificate  of  clerk 
of  any  court  of  record,  under  seal  of  court,  or  notary  public  ;  if  made  out  of 
United  States,  any  ambassador  and  all  persons  exercising  public  ministerial 
functions,  appointed  by  United  States,  or  notaries  public. 

Form  of  Certificate  of  Acknowledgment  by  Husband  and  Wife. 

State  of  Penxstlvaxia,  ) 
County  of .  $     ' 

Be  it  remembered,    That  on  the day  of ,  A.  D.  18 — ,  before  me 

<here  insert  name  and  title  of  official;,  duly  commissioned  in  and  for  said 

county,  came and ,  his  wife,  and  in  due  form  of  law  acknowledged 

the  foregoing  indenture  to  be  their  and  eacli  of  their  act  and  deed,  and  de- 
sired the  same  might  be  recorded  as  such.  She,  the  said ,  being  of  law- 
ful age,  and  by  me  examined  separate  and  apart  from  her  said  husband,  and 
the  contents  of  such  deed  being  by  me  first  fully  made  known  to  her.  did 
thereupon  declare  that  she  did  voluntarily  and  of  her  own  free  will  and 
accord  sign  and  seal,  and,  as  her  act  and  deed,  deliver  the  same  without  any 
coercion  or  compulsion  of  her  said  husband. 

Witness  my  hand  and  seal  the  day  and  year  aforesaid. 

[seal.]  (Signature  and  title.) 

Form  of  Proof  by  Subscribing  Witnens. 

State  of  Pennsylvania,  ) 
County  of .  ^     ' 

Be  it  remembered,    That  on  the day  of .  A.  D.  IS — .  before  me 

<here  insert  name  and  title  of  official),  duly  commissioned  in  and  for  said 

county,  personally  appeared ,  one  of  the  subscribing  witnesses  to  the 

execution  of  the  above  indenture,  who.  being  duly  sworn  (or  affirmed)  ac- 
cording to  law,  doth  depose  and  say  that  he  did  see ,  the  grantor  above 


666  PENNSYLVANIA. 

named,  sign  and  seal,  and  as  his  act  and  deed,  deliver  the  ahove  indenture 
(deed  or  conveyance)  for  the  use  and  purposes  therein  mentioned  ;  and  that 

he  did  also  see ,  subscribe  his  name  thereunto  as  the  other  witness  of 

such  sealing  and  delivery  ;  and  that  the  name  of  this  deponent  thereunto  set 
and  subscribed  as  a  witness  is  of  this  deponent's  own  proper  handwriting. 

Sworn  (or  affirmedjto  and  subscribed  before  me  the  day  and  year  afore- 
said. 

Witness  my  hand  and  official  seal.  {Signature  of  witnesses.) 

[seal.]         (Signature  and  title.) 

A  deed  thus  duly  acknowledged  or  i^roved,  may  be  offered  in  evidence 
without  further  proof.  And  a  deed  must  be  acknowledged  or  proved  before 
it  can  be  recorded.  The  record  of  an  unacknowledged  deed  is  a  mere  nii- 
authorized  copy,  and  has  no  effect  whatever. 

Actions. — On  a  contract  may  be  commenced  by  a  summons  in  assumpsit, 
returnable  to  the  next  term  of  court.  The  plaintiff"  shall  serve  a  copy  of  the 
statement  of  claim  on  the  defendant  or  his  attorney  of  record,  if  he  has  one, 
at  least  fifteen  days  before  moving  for  judgment  for  default,  except  for  want 
of  an  appearance.  If  such  service  be  made  not  less  than  fifteen  days  before 
the  return  day  of  the  writ,  it  shall  be  the  duty  of  the  defendant  to  file  an 
affidavit  of  defense  on  or  before  the  return  day  ;  but  if  the  plaintiff  fails  tO' 
serve  his  statement  at  least  fifteen  days  before  the  return  day  of  his  wilt,  he 
may  file  it  on  or  at  any  time  after  the  return  day,  and  unless  the  defendant 
shall  file  a  sufficient  affidavit  of  defense  within  fifteen  days  after  notice  that 
the  said  statement  has  been  filed,  the  plaintiff'  may  move  for  judgment  for 
want  thereof.      . 

Return  days,  and  the  mode  of  taking  judgment  by  default,  is  now  being^ 
regulated  by  rules  of  the  various  courts  throughout  the  commonwealth. 

A  summons  from  a  justice  is  returnable  on  a  day  named  therein,  not  more 
than  eight  nor  less  than  five  days  from  the  date  of  the  writ,  and  it  must  be 
served  at  least  four  days  before  the  day  of  hearing.  If  the  defendant  does 
not  appear,  judgment  can  be  taken  against  him  in  default.  Both  plaintiff' 
and  defendant  can  appeal,  or  certiorari  within  twenty  days  after  judgment ; 
but  a  non-resident  plaintiff',  before  doing  so,  can  be  required  to  give  security 
for  costs. 

Administration  of  the  Estates  of  Decedents.— Letters  testamentary  or 
of  administration  are  granted  by  the  register  of  wills.  Those  of  administra- 
tion in  case  of  intestacy  are  granted  by  him  :  1st.  To  the  widow.  2d.  S.uch 
of  the  kindred  of  the  intestate  as  are  entitled  to  the  residue  of  the  estate  ;  if 
neither  of  them  (widow  or  kindred)  exist,  then  to  a  creditor.  Administrators 
are  required  to  give  seciirity,  and  if  an  executor,  who  is  a  non-resident,  be 
appointed  by  a  testator,  he  must  give  a  bond  with  two  or  more  local  sureties, 
and  they  have  no  power  over  decedent's  property  in  this  state,  except  to 
transfer  public  loans  of  the  state,  and  stocks  and  loans  of  banks  and  incor- 
porated companies,  and  to  collect  interest  and  dividends  thereon.  Appeals 
lie  to  the  orphans'  court  of  the  county.  The  debts  of  the  decedent  are  pay- 
able in  the  following  order  :  1.  Funeral  expenses,  medicines  and  medical 
attendance  rendered  during  last  illness,  and  servants  wages  not  exceeding 
one  year.  2.  Rents,  not  exceeding  one  year.  3.  All  other  del)ts  pro  rata, 
except  debts  due  the  state,  which  are  paid  last.  If  the  decedent  was  a  non- 
resident and  his  domicile  prefers  native  to  foreign  creditors,  the  same  prefer- 
ence will  be  observed  in  this  state. 

Affidavits. — To  be  used  in  this  state,  may  be  made  before  any  officer  au- 
thorized by  the  laws  (jf  any  of  the  United  States  to  administer  oaths.  They 
must  be  accomjtanied  by  a  certificate,  under  the  hand  and  seal  of  the  clerk 
or  protbonotary  of  the  county  court  where  the  same  is  made,  as  to  the  offi- 
cial character  of  the  person  administering  the  oath,  and  that  he  was  author- 


PENNSYLVANIA.  667 

izcd  to  do  so  by  the  laws  of  his  own  state.  Commissioners  for  Pennsylvania 
residing  in  other  states,  have  also  power  to  administer  oaths  and  attirmation* 
withont  such  certificate. 

Aliens. — ^lay  inherit  or  take  by  devise,  any  projierty,  and  dispose  of  the 
same  as  fully  as  any  citizen. 

Appeals. — Appeals  must  be  entered  before  the  justice  within  twenty  days 
after  judgment  rendered.  In  order  to  take  an  appeal  the  amount  in  contro- 
versy must  exceed  five  dollars  and  thirty-three  cents.  In  Philadelphia,  the 
defendant  in  taking  an  appeal,  must  make  affidavit  to  the  ettect  that  tlie  a\)- 
peal  is  not  taken  for  delay,  and  the  appellant  must  also  give  bail  absolute, 
in  double  the  amount  of  costs  accrued  and  likely  to  accnie.  with  one  or  more 
suflicient  sureties,  conditioned  for  the  payment  of  all  costs  accrued  or  that 
may  be  legally  recovered  in  such  case  against  the  appellant.  To  perfect  the 
appeal,  a  transcript  thereof  must  be  tiled  in  the  court  of  common  pleas,  on 
or  before  the  next  monthly  return-day,  after  the  entry  of  the  ajipeal  before 
the  justice. 

Arrest. — Females  cannot  be  arrested  for  debt.  Imprisonment  for  debt  has- 
been  abolished,  excepting  in  proceedings,  as  for  contempt,  to  enforce  civil 
remedies,  actions  for  fines  or  penalties,  etc.  When  the  defendant  has  been 
arrested,  and  after  lie  has  suffered  an  imprisonment  for  at  least  sixty  days, 
he  can  be  discharged  from  further  imprisonment  by  the  court  of  common 
pleas  under  the  "insolvent  laws,"  but  such  a  discharge  does  not  release  him 
from  the  debt. 

Assignment. — A  debtor  can  make  an  assignment  of  all  or  any  portion  of 
his  estate  for  the  benefit  of  his  creditors,  but  any  preference  will  make  it 
void. 

The  assignee  must  file  an  inventory  and  appraisement,  verified  by  affidavit, 
within  thirty  days,  and  immediately  thereafter  give  bond  in  double  its 
amount,  and  he  must  file  his  account  within  one  year.  The  claims  of  miners, 
mechanics  and  a  few  others  are  preferred  to  the  amount  of  6200,  l>ut  all 
other  claims  are  paid  pro  rata.  The  debtor  is  not  discharged  from  his  debts 
by  the  assignment,  but  remains  liable  for  an  unpaid  balance. 

A  debtor  may  prefer  his  creditor,  however,  by  confessing  a  judgment  to 
him,  or  by  assigning  to  him  specific  property  as  security  for,  or  in  full  pay- 
ment of,  his  indebtedness,  before  making  an  assignment. 

Railroad,  canal,  and  public  improvement  companies  must  provide  for 
wages,  to  make  valid  assignment. 

Assignment  by  non-residents  take  effect  from  their  record. 

In  order  to  discharge  the  wife's  dower  she  has  to  join  in  the  deed  of  assign- 
ment. 

The  assignee  has  one  year  to  settle  the  estate,  and  the  account  is  referred 
to  an  auditor  who  gives  notice  by  advertisement  of  the  filing  of  the  account. 

A  reconveyance  of  the  assigned  estate  will  be  ordered  when  the  undisputed 
claims  are  paid  and  the  rest  are  secured.  Notice  being  given  by  advertise- 
ment. 

Attachment. — Property  of  resident  debtors  may  be  attached  :  When 
debtor  is  about  to  remove  his  pro]>erty  out  of  the  jurisdicticm  of  the  court  in 
which  the  attachment  is  a])plied  for,  with  intent  to  defraud  his  creditors  : 
when  he  has  property  which  he  fraudulently  conceals  ;  wlien  lie  has  disposed 
of,  or  is  about  to  dispose  of.  his  property  with  intent  to  defraud  his  creditors: 
when  he  lias  fraudulently  contracted  the  debt  or  incurred  the  obligation  for 
which  the  claim  is  made.  In  this  attachment  the  creditor  must  make  aftidavit 
to  prove  the  existence  of  the  debt  and  one  or  more  of  the  acts  of  fraud  speci- 
fied, and  must  give  bonds  conditioned  that  if  he  fails  to  prosecute  his  action 
with  ettect  and  to  recover  a  judgment  against  the  debtor,  lie  shall  pay  to  the 


-668  PENNSYLVANIA. 

<lebtor  all  legal  costs  and  damages  wliicli  the  debtor  may  sustain  by  reason  of 
said  attachment.  Attachment  can  also  be  had  to  seize  and  hold  property  of 
non-resident,  and  will  be  dissolved  on  entering  security.  A  defendant  may  be 
arrested  after  suit  brought,  upon  proof  that  he  is  about  to  remove  his  property 
to  defraud  his  creditors,  or  has  done  so,  or  that  he  fraudulently  conceals  his 
property,  or  that  he  fraudulently  contracted  the  debt ;  he  may  be  committed 
unless  he  pays  the  debt,  or  gives  security  to  do  so  within  sixty  days,  or  gives 
lionds  to  take  the  benefit  of  the  insolvent  law.  Attachment  of  defendant's 
projjerty  in  the  nature  of  an  execution  may  issue  at  anytime  after  judgment. 

Foreign  attachment  lies  against  real  or  personal  estate  of  a  debtor  not  a 
resident  of  the  state  and  not  within  the  county  at  the  time  of  the  issuance  of 
the  writ.  Corporations  chartered  by  another  state  are  liable  to  this  process 
4igainst  their  property.  Bond  must  be  given  to  sheriff  by  plaintiff,  under 
approval  of  the  court,  for  indemnity,  before  the  writ  issues.  The  defendant 
may  release  the  attached  goods  by  giving  security  in  double  the  amount  in 
controversy.  Or  he  may  defend  without  releasing  the  goods.  After  judg- 
ment against  the  defendant,  and  summoning  the  garnishee  to  show  cause  why 
■execution  should  not  issue,  the  property  may  be  sold  ;  but  if  the  sale  occur 
Tvithin  a  year  and  day,  the  plaintiff  must  give  security. 

Attachment  under  the  act  of  1869,  issues  where  the  sum  demanded  exceeds 
one  hundred  dollars,  and  where  a  warrant  of  arrest  or  copias  might  issue  for 
the  body  of  the  defendant,  and  directs  the  sheriff  to  seize  particular  goods. 
The  plaintiff  must  make  affidavit  of  the  necessary  facts,  and  give  bond  in 
■double  the  amount  of  plaintiff's  claim  and  with  sureties,  conditioned  to  prose- 
cute the  action  with  eftect.  The  attachment  is  dissolved  on  summary  hear- 
ing, if  the  plaintiff  does  not  sustain  his  allegations.  Defendant  may  also  re- 
lease the  attached  property  by  giving  bond. 

Banks  and  Bankers. — Corporations  for  carrying  on  the  business  of 
banking  may  be  formed  by  any  number  of  persons,  not  less  than  three,  who 
shall  enter  into  articles  of  association,  which  shall  specify  the  object  for 
"Which  the  association  is  formed,  and  may  contain  any  provisions,  not  incon- 
«istant  with  the  act  of  assembly  May  13,  1876,  P.  L.  161,  which  the  associa- 
tion may  desire  to  adopt  for  the  regulation  and  conduct  of  its  business  and 
affairs  ;  which  articles  shall  be  signed  by  the  persons  forming  such  associa- 
tion, and  a  copy  of  them  shall  be  forwarded  to  the  attorney  general,  for  his 
inspection  and  approval,  and  if  approved  by  him  he  shall  indorse  his  ap- 
l)roval  thereon,  and  transmit  the  same  to  the  auditor  general,  to  be  filed  in 
his  office.  The  persons  forming  such  associations  shall,  under  their  hands, 
make  a  certificate  which  shall  specify  :  1.  Name  (subject  to  approval  by 
the  auditor  general.)  3.  Location  or  place  of  business,  particularly  desig- 
jiating  the  county,  city,  borough  or  village.  3.  The  amount  of  capital 
stock,  and  number  of  shares  in  which  divided.  4.  The  name  and  places  of 
residence  of  shareholders,  and  number  of  shares  held  by  each.  5.  A  state- 
ment that  such  certificate  is  made  to  enable  the  persons  named  to  form  a 
•corporation  for  banking  purposes  under  this  act. 

This  certificate  shall  be  acknowledged  before  a  judge,  or  notary  public, 
and  after  approved  by  the  attorney  general  shall  be  transmitted  to  the  audi- 
tor general  and  filed,  recorded  ancl  preserved  in  his  office.  Copies  of  such 
certificate,  duly  certified  and  authenticated,  shall  be  deemed  sufficient  evi- 
dence of  the  existance  of  such  corporation.  The  governor,  upon  receipt  of 
said  articles  of  association,  with  the  approval  of  the  attorney  general  and 
auditor  general,  shall  cause  letters  patent  to  issue  to  said  banking  corpora- 
tion. The  capital  stock  shall  not  be  less  than  fifty  thousand  dollars,  divided 
into  shares  of  not  less  than  fifty  dollai's  each.  The  shareholders  of  any  cor- 
poration formed  under  this  act,  shall  be  individually  responsible,  equally 
and  ratably,  but  not  one  for  the  other,  for  all  contracts,  debts  and  engage- 
ments of  such  corporation,  to  the  amount  of  their  stock  therein,  at  the  par 
value  thereof,  in  addition  to  the  par  value  of  such  shares. 


PENNSYLVANIA.  66^ 

Bills  of  Exchange  and  Promissory  Notes.— The  act  of  March  30,  1875, 
alU)Ws  days  of  grace  on  all  bills  of  exchange,  drafts,  promissory  notes  and 
other  negotiable  instruments,  exce))ting  sight  bills  and  drafts,  and  checks 
on  banks  or  bankers,  "whether  payable  on  presentation  or  upon  some  day  or 
time  subsequent  to  the  date  of  issue.  Five  to  ten  per  cent,  damages  are 
allowed  on  domestic  bills  and  ten  to  twenty  per  cent,  on  foreign  bills  pro- 
tested. 

Bills,  notes  and  checks,  falling  due  on  a  legal  holiday,  are  payable  on  the 
preceding  secular  day.  The  legal  holidays  are  January  1st,  February  23d, 
May  30th,  July  4th,  December  2oth,  Good  Friilay,  and  any  day  appointed 
or  recommended  by  the  governor  or  the  president  as  a  day  of  fasting  or 
thanksgiving  or  for  general  cessation  of  business.  When  a  holiday  falls  up- 
on Sunday,  it  is  transferred  to  the  following  Monday,  and  bills  payable  on 
the  holiday  are  due  on  the  previous  Saturday. 

Chattel  Mortgages.— (-See  Mortgages.) 

Claims  Against  Decedent's  Estates. — All  debts  owing  by  any  person 
within  this  state,  at  the  time  of  his  decease,  shall  be  paid  by  his  executors 
or  administrators,  so  far  as  they  have  assets,  in  the  manner  and  order  fol- 
lowing, viz.  :  1.  Funeral  expenses,  medicines  furnished  and  medical  atten- 
dance given  during  the  last  illness  to  decedent,  and  servant's  wages  not  ex- 
ceeding one  year.  2.  Rents  not  exceeding  one  year.  3.  All  other  debts 
without  regard  to  the  quality  of  the  same,  except  debts  due  to  the  common- 
wealth, which  shall  be  last  paid.  No  executor  or  administrator  shall  be 
compelled  to  pay  any  debt  of  the  decedent  except  such  as  by  law  are  pre- 
ferred in  the  order  of  payment  to  rents,  until  one  year  be  fully  elapsed  from 
the  granting  of  the  administration  of  the  estate. 

Conditional  Sales  of  Personal  Property. — On  delivery  of  exclusive  pos- 
session, the  vendor  cannot  retain  a  lien  as  against  the  vendee's  creditors. 
In  other  cases  the  possession  of  the  vendor  should  be  such  as  not  to  deceive 
the  creditors  of  the  vendee. 

Corporations. — Are  chartered  by  the  covtrts  in  some  cases  and  by  the  gov- 
ernor in  others.  The  stockholders  are  liable,  individually,  to  the  full 
amount  of  the  stock  held  by  them  in  addition  to  the  par  value  of  their 
stock,  for  work  or  labor  done,  or  materials  furnished  to  carry  on  the  opera- 
tions of  the  corporation.  Corporations  are  dissolved  by  the  court  of  com- 
mon pleas  of  the  county  where  it  has  its  principal  office,  or  where  its  chief 
operations  are  conducted. 

Foreign  corporations  cannot  transact  business  here  until  they  have  estab- 
lished an  office  and  appointed  au  agent  to  represent  them  upon  whom  legal 
process  can  be  served.  It  is  a  misdemeanor  to  carry  on  btisiness  for  a  cor- 
poration unless  this  is  done. 

Costs,  Security  for.— (/See  Appeals.) 

Courts. — Terms  and  Jurisdiction : 

Supreme  Court. — The  supreme  court  has  a  general  appellate  jurisdiction 
for  the  correction  of  errors  in  any  of  the  other  courts  by  writ  of  error,  cei'- 
tiorari  or  appeal.  It  has  also  original  jurisdiction  throughout  the  state  in 
cases  of  injunction,  when  a  corporation  is  defendant ;  habeas  corpus  and 
mandamus  and  (juo  warranto  in  certain  cases. 

Courts  of  common  pleas  in  the  several  counties  have  original  jurisdiction 
in  all  sums  over  8100. 

C)rj)/ians^  courts  have  full  probate  powers. 

Justices'  jurisdiction,  §300.  In  Philadelphia  there  are  magistrates  supply- 
ing the  place  of  justices  of  the  peace,  but  having  jurisdiction  only  to  the- 
amount  of  $100. 


€70  PENNSYLVANIA. 

Court  Calendar.— 

UNITED    STATES    COURTS. 

CIRCUIT     COURT, 

Eastern  District.  Circuit  Judge— William  McKennan,  of  Washington,  Pa.  Clerk 
— Samuel  Bell,  Philadelphia. 

Tervis—At  Philadelphia,  1st  Mondays  April  and  October. 

Western  District.  Circuit  Judge— Willia,nx  McKennan.  Clerks— H.  D.  Gamble, 
Pittsburgh;  Benjamin  S.  Bentley,  Williamsport. 

Terms— At  Erie,  2d  Monday  January,  3d  Monday  July.  At  Pittsburgh,  2d  Mon- 
days May  and  November.    At  Williamsport,  3d  Mondays  June  and  September. 

DISTRICT     COURT. 

Eastern  District.  District  Judge — William  Butler,  of  Philadelphia.  District  Attor- 
ney— John  K  Valentine.  Philadelphia.  jMarshal—A.  H.  Dill,  Philadelphia.  Clerk — 
Charles  S.  Lincoln,  Philadelphia. 

I'erms— At  Plilladelpliia,  3d  Mondays  Februai'y,  May,  August  and  November. 

Western  District.  District-  Judge— Marcus  W.  Achison,  of  Pittsburgh  ;  District  At- 
torney  ,  Pittsburgh.  Marshnl—Geovge  M'.  Miller,  Washington,  Pa.  Clerk — Ste- 
phen C.  McCandless,  Pittsburgh. 

Teryns— At  P'rie,  2d  Monday  January,  3d  Monday  July.  At  Pittsburgh,  1st  Mon- 
day May,  3d  Monday  October.  At  Williamsport,  3d  Monday  .Tune  and  September. 
At  Scranton,  1st  Mondays  of  March  and  September. 

SUPREME    COURT. 

Oiief  Justice — Isaac  G.  Gordon,  Brookville ;  ./iw^/oes— Edward  M.  Paxson,  Phila- 
•delphia;  John  Trunkey,  Franklin;  James  P.  Sterrett,  West  Philadelphia;  Henry 
Green,  Easton  ;  Silas  M.  Clark,  Indiana,  Williams. 

The  State  Is  divided  into  four  districts,  and  the  Courts  sit  in  Philadelphia,  from 
the  1st  Monday  of  January  until  the  21st  Monday  thereafter,  for  oases  from  the  coun- 
ties comprised  in  the  Eastern  District.  Prothonotary — Charles  S.  Greene,  Philadelphia. 
In  the  several  counties  comprised  in  this  district,  the  sessions  of  the  Court  begin  on 
the  respective  Mondays  after  the  first  Monday  of  Jan  ,  following,  to-wit:  Bucks,  16th 
Mon- ;  Bedford,  18th ;  Blair,  20tli  ;  Bradford,  lOth  ;  Berks,  8th  ;  Crawford,  -Ith ;  Carbon, 
J)th  ;  Chester,  5th  ,  Cumberland,  17th  ;  Centre,  Gth  ;  Columbia,  8th  ;  Clinton,  16th  ; 
Clearfield,  17th  ;  Cameron,  18th  ;  Delaware,  5th ;  Erie,  4th ;  Elk,  6th ;  Fayette,  4tli ; 
Huntingaon,20th  ;  Juniata,  20th  ;  Lehigh,  6th;  Lebanon,  17th  ;  Luzerne,  14th;  Lacka- 
wanna, 7th;  Lycoming,  6th  ;  Lancastt-r,  I'Jth  ;  Monroe,  9th  ;  Montgomery,  15th; 
Miftlin,20th;  Montour,  16th  ;  McKean,  18th  ;  Northampton,  9th  ;  Northumberland, 
16th;  Philadelphia,  1st  Monday  of  January  for  4  weeks,  and  11th  Monday  after  1st 
Monday  of  January,  for  3  weeks;  Perrj',  18th  ;  Potter,  18th;  Pike,  7tli;  Schuylkill, 
15th;  Somerset,  5tli ;  Susquehanna,  10th  ;  Snyder,  17th;  Sullivan,  18th;  Tioga,  18th  ; 
Union,  17th  ;  Wayne,  7th ;  Wyoming,  10th  ;  Warren,  20th  ;  York,  19th. 

Middle  District.  Prothonotary— W illiaTLi  Pearson,  Harrisburg.  The  Court  sits  at 
Harrisburg  for  2  weeks,  beginning  on  the  2l8t  Monday  after  the  1st  Monday  of  Janu- 
ary, for  the  counties  comprised  in  this  district,  to  wit :  Adams,  Dauphin,  Franklin, 
and  Fulton. 

Western  District.  Prot?ionotary—J .  B.  Sweitzer.  Pittsburgh.  The  Court  sits  at 
Pittsburgh  for  7  weeks,  beginning  on  the  1st  Monday  of  October,  for  cases  from  the 
counties  comprising  this  district,  which  are  taken  up  as  follows,  to-wit :  Allegheny, 
on  the  4th  Monday  ol  October,  (4  weeks);  Armstrong,  2d  Monday  October;  Beaver, 
1st  Monday  October-  Butler,  3d  Monday  October;  Cambria,  2d  Monday  October; 
Clarion,  Forest,  and  Green,  1st  Monday  October;  Indiana,  3d  Monday  October  ;  Jef- 
ferson, 1st  Monday  October  ;  Lawrence  and  Mercer,  2d  iSIonday  October  ;  Venango 
and  Westmoreland,  1st  Monday  October;  Washington,  3d  Monday  October. 

Northern  District.  Prothonotary— J .  A.  J.  Cummings,  Sunbury.  The  term  begins 
on  the  3d  Monday  of  September,  but  the  cases  in  this  district  are  usually  heard  at 
Pliiladclphia.  The  counties  comprising  the  district  are  Columbia,  Montour  and 
Northumberland. 

COMMON    PLEAS    COURTS. 

The  times  and  places  for  holding  jury  terms  of  these  Courts,  and  the  return-days 
thereof,  are  as  follows : 

lime. 

Jury  terms,  begin  Jan.  24,  April  11,  Aug.  15,  and 

Nov.  7.     Return  days,  Jan.  24,  P'eb.  4,  April  11, 

and  15,  June  20,  Aug.  15  and  19,  Oct.  18,  and 

Nov.  7  and  18. 
July  terms,  C.  C.  P.,  No.  1:  1st  Mon.  March, 

June,  Sept.  and  Dee.    C.  C.  P.,  No.  2;  1st  Mon. 

Jan.,  April,  July,  Oct.    Return  days,  1st  Mon. 

eacli  month. 
Jury  terms  and  return  days,  1st  Mon.  March, 

June,  Sept.  and  Dec. 


County. 

Where  Held. 

Dist. 

Adams .  .  .  . 

.  .  Gettysburg  .  . 

.     42 

Allegheny  .  . 

.  .  Pittsburgh  .   . 

5 

Armstrong.  . 

.  Kittaning  .  . 

.     33 

PENNSYLVANIA. 


671 


County. 

Where  ITehl. 

Dii 

Beaver.  .  .  . 

.  Beaver 

36 

Bedford   .  .  . 

.  Bedford    .  .  .  . 

IG 

Berks  .... 

.  Reading  .  .  .  . 

2.3 

Blair 

.  HoUidaysburg 

24 

Bradford  .  .  . 

. Towanda . .  .  . 

13 

Bucks 

.  Doylestown  .   . 

7 

Butler  .  .   .   . 

.  Butler 

17 

Cambria  .  .  . 

.  Ebensburg .  .   . 

il 

Cameron..  .  . 

.  Emporium  .  .  . 

2.5 

Carbon .  .  .  . 

.  iNIauch  Chunk  . 

4.^ 

Centre  .  .  .  . 

.  Bellefonte   .  .  . 

4il 

Chester  .  .  . 

.  West  Chester   . 

15 

Clarion  .  .  .  . 

.  Clarion     .... 

IS 

Clearfield.  .  . 

.  Clearfield   .  .  . 

4() 

Clinton  .  .  .  . 

.  Lock  Haven  .  . 

2.3 

Columbia  .  .  . 

.  Blooms  burg  .  . 

26 

Crawford  .  .  . 

.  Meadvllle  .  .  . 

30 

Cumberland  . 

.  Carlisle 

<) 

Dauphin  .  .  . 

.  Harrisburg  .  .   . 

12 

Delaware .  .  . 

.Media 

32 

Elk 

.  Ridgway  .... 

2.-) 

Erie 

.  Erie 

6 

Fayette Uniontown   . 

Forest Tionesta  .  .  . 

Franklin  .  .  .  .Chambersburg 

Fulton McConnellsb"g 

•Greene Waynesburg  . 

Huntingdon  .  .  Huntingdon  . 


/.  Timt. 

J  ury  terms  two  weeks  succeeding  1st  Mon.  Mar. 
.June,  .Sept.  and  Dec.  Return  days,  1st  Mon. 
March,  June,  Sept.  and  Dec. 

Jury  terms  and  return  days,  ]st  Mon.  Feb.,  ."id 
Mon.  April,  1st  Mon  Sept.,  3d  Mon.  Nov. 

Jury  terms  3d  and  4th  weeks  Jan.,  Ajiril,  Aug. 
and  Nov.,  one  week  Feb.,  May,  .sciit.  and  Dec. 
Return  days  2d  Mon.  each  mo.,  except  Julj'. 

Jury  terms,  week  beginning  2d  INlou.  Jan.  and 
March,  and  1st  Mon.  Oct.  Return  days  1st  Mon. 
each  month,  and  2d  Mon.  Jan.  and  JNIarch, 

Jury  terms,  3  weeks  succeeding  1st  Mon  Feb. 
and  Dec,  2  weeks  succeeding  1st  Aton.  Maj'and 
Sept.  Return  days,  1st  Mou.  Feb.,  May,  Sept. 
and  Dec,  and  last  Friday  of  each  term. 

Jury  terms  and  return  days,  1st  Mon.  Feb.,  May, 
and  Dec.  and  2d  Mon.  «ept. 

No  regular  jury  terms.  Return  days,  1st  Mon. 
June,  Sept.  and  Dec  and  3d  Mons.  of  the  other 
months. 

Jury  terms,  3d  Mon.  Mar.,  June,  Sept.  and  Dec 
Return  days,  Jst  Mon.  each  month,  2d  Mon. 
Mar.,  June,  Sept.  and  Dec,  and  the  2  succeed- 
ing Fridays. 

Jury  terms  and  return  days,  1st  Mon.  May  and 
Sept.,  and  2d  Mon.  Nov. 

Jury  terms  and  return  days,  3d  Mon.  Jan.,  June, 
and  Oct..  and  4th  Mon.  Mar. 

Jury  terms  and  return  days,  4tli  Mon.  Jan., 
Apr.,  Aug.  and  Nov. 

Jury  terms,  2d  Mon.  Feb.,  May  and  Nov.  Re- 
turn days,  last  Mon.  Jan.,  April,  Oct.,  and  2d 
Mon.  Aug. 

Jury  terms,  3d  Mon.  Jan.,  April,  Aug.  and  Oct. 
Return  days,  4tli  Mon.,  in  eacli  month. 

Jury  terms  and  reUirn  days,  2d  JNIon.  Nov.  and 
Jan.,  3d  Mon.  March,  Jst  Mon.  June,  4th  Mon. 
Sept. 

Jury  terms  and  return  days,  2d  Mon.  Feb.,  May, 
Sept.  and  Dec 

Jury  terms,  2  Mon.  Feb.,  May,  and  Dec.  and  1st 
Mon.  Oct.  Return  days,  1st  Mod.  Feb  ,  May 
and  Dec,  4th  Mou.  Sept.,  and  2d  Friday  suc- 
ceeding these  days. 

Jury  terms,  3d  Moil.  Feb.,  4th  Mon.  April  or  1st 
Mon.  May,  4th  Mon.  .Sept.,  and  .3d  and  4th 
Mon.  Nov.,  or  1st  and  2d  Mon.  Dec. 

Jury  terms,  3d  Mon.  Jan.,  April  and  Nov.  Re- 
turn days,  2d  Mon.  Jan.,  Apr.,  and  Nov.,  and 
4th  Mon.  Aug. 

Jury  terms  and  return  days,  2d  Mon.  Jan.,  3d 
Mon.  April,  4th  Mon.  Aug.,  and  2d  Mon.  Nov. 

Jury  terms,  2d  Mon.  Dec,  March  and  June,  and 
4th  Mon.  .Sept.  Return  days,  2d,  3d,  and  4th 
Mon.  of  every  month,  1st  Mon.  Mar.  and  Dec. 

Jury  terms  and  return  days,  4th  Mon.  Jan.  and 
May,  and  3d  Mon.  Sept.  and  Nov. 

Jin-y  terms,  week  beginning  1st  and  2d  Mon.  Oct. 
2d  and  3d  Mon.  Jan.,  3d  Mon.  Feb.,  2d  and  .3d 
Mon.  Mar.  and  Apr.,  and  3d  Mon.  May.  Re- 
turn days,  1st  Mou.  Oct.,  2d  Mon.  Jan.,  3d  Mon. 
Feb.,  2d  iNlon.  March  and  April,  and  3d  Mon. 
May,  and  1st  day  of  each  month. 

Jury  terms  and  return  days,  1st  MoB.  Jan., 
March  and  June,  and  4th  Mon.  Oct. 

Jury  terms  and  return  days,  4th  Mon.  Feb.,  and 
3d  Mon  May,  Sept.  and  Dec. 

Jury  terms  and  return  days,  4th  Mon.  Feb.  and 
April,  and  1st  Mon.  Sept.  and  Dec. 

Jury  terms  and  return  days,  2d  Mon.  Jan.,  Apr. 
June  and  Oct. 

Jury  terms,  2d  Mon.  Oct.,  1st  Mon.  Jan.  and 
April,  and  3d  Mon.  June.  Return  days,  1st 
Mon.  each  month,  2d  Mon.  Oct.,  and  3d  Mon. 
June. 

Jury  terms,  3d  Mon.  Feb..  Apr.,  Sept.,  and  Dec. 
(two  weeks).  Return  days,  3d.  Mon.,  Feb., 
April,  Sept.  and  Dec,  and  2d  Fri.  after  each  of 
these  Mons. 


672 


PENNSYLVANIA. 


County. 

Indiana   ....  Indiana   ....  40 

Jefferson  ....  Brookville  ...  18 

Juniata Mifflintown  .  .  41 


Lancaster,  .  .  .  Lancaster  . 
Ladiawanna  .  .  Scranton  .  . 


45 


Lawrence.  . 

.  .  New  Castle  . . 

.      17 

Lebanon .  . 

.  .  Lebanon  .  .  .  , 

.     12 

Lehigh .  .  . 

.  .  Allentown  .  . 

.     31 

Luzerne  .  . 

.  .  Wilkesbarre  . 

.      11 

Jiliere  Held.     Dist.  Time. 

Jury  terms,  1st  Mon.  Mar.,  June,  Sept.  and 
Dec.  Return  days,  Mar.,  June,  Sept.  and  Dee. 
and  1st,  2d,  3d,  and  4th  Mon.  of  any  inierme- 
diate  month. 

Jury  terms  and  return  daj's,  2d  Mon.  Feb.,  May 
Sept.  and  Dec. 

Jury  terms,  1st  Mon.  Sept.,  Dec.  and  Feb.,  and 
4th  Mon.  Apr.  Return  days,  1st  Mon.  each 
month,  4th  Mon.  April  and  Fri.  after  1st  Mon. 
(Sept.,  Dec,  and  Feb^  and  4th  Mon.  April. 

Jury  trials,  4tli  Mon.  Jan.,  Apr.,  Aug.  and  Nov. 
Return  days,  yd  Mon.  each  mo.,  except  July. 

J ur J- terms  for  two  weelis  succeeding  2d  Mon. 
Jan.,  1st  Mon.  April,  2d  Mon.  June,  1st  Mon. 
Oct ,  and  4th  Mon.  Nov.  Return  days,  2d  Mon.. 
Jan.,  1st  Mon.  April,  2d  Mon.  June,  1st  Mon. 
Oct.,  4th  Mon.  Nov.,  and  2d  Friday  after  each, 
of  the  foregoing. 

Jury  terms  and  return  days,  2d  Mon.  Feb.,  May, 
Sept.  and  Dee. 

Jury  terms  and  return  days,  2d  Mon.  Jan.,  3d 
Mon.  Apr.,  4th  Mon.  Aug.,  and  2d  Mon.  Nov. 

Jury  terms  and  return  days,  1st  Mon.  Jan.,  Apr. 
and  June,  2d  Mon.  after  4th  Mon.  Aug.,  and 
last  Mon.  Oct. 

Jury  terms,  2d  Mon.  Jan.,  Feb.,  1st  Mon.  Marcli„ 
2d  Mon.  May,  1st  Mon.  June,  Oct.,  3d  Mon. 
Nov.  Return  da5's,  2d  Mon.  Jan.,  Feb.,  May 
and  Sept.,  1st  Mon.  March,  June  and  Oct.,  od 
Mon.  Nov. 

Jury  terms,  3  weeks  succeeding  1st  Mon.  Mar., 
May  and  Oct.,  and  last  Mon.  Nov.  Return 
days,  4th  Mon.  of  each  month,  or  4th  Mon.  of 
any  intermediate  month  before  tlae  next  term, 
or  1st  Mon.  of  each  term. 

July  iterms,  4th  Mon.  Feb.,  May,  Oct.,  and  2d 
Mon.  Dec.  Return  days,  4th  Mon.  of  each 
month,  and  2d  Mon.  Dec. 

Jury  terms,  2d  Mon.  Feb.,  April,  May  and  Dec, 
3d  Mon.  Nov.  Return  days,  1st  Mon.  Jan., 
March  and  June,  3d  Mon.  Sept.,  and  2d  Friday 
thereafter. 

Jury  terms  and  return  days,  2d  Mon.  .Jan.,  3d 
Mon.  April,  4th  Mon.  August,  2d  Mon.  Nov. 

Jury  terms  and  return  days,  4th  Mon.  Feb.,  May, 
Sept.  and  Dee. 

Jury  terms,  Jan.,  Feb.,  May,  3d  weeks  June,  Oct. 
and  Nov.  Return  days,  1st  Mon.  Mar.,  June, 
Oct.  and  Dec,  and  Fri.  before  ild  Sat.  there- 
after; also,  2d  Mon.  Jan.,  Feb.,  April,  May, 
Sept.  and  Nov. 

Jury  terms,  4th  Mon.  Feb.  and  l^Iay,  3d  Mon. 
Sept.  and  Dec.  Return  days,  4th  Mon.  Feb. 
and  May,  3d  Mon.  Sept.  and  Dec,  and  next 
following  Fridays. 

Jury  terms,  2d  Mon.  Jan.,  4th  Mon.  March,  3d 
Mon.  April,  May  and  June,  2d  Mon.  June^id 
Mon.  Sept.,  3d  Mon.  Oct.,  Nov.  and  Dec.  Re- 
turn days,  3d  Mon.  Jan.,  Aug.  and  Nov.,  and 
4th  Mon.  April. 

Jury  terms,  2d  Mon.  Feb.,  May,  Sept.  and  Dec. 
Return  .days,  1st  Mon.  Feb.,  May,  Sept.  and 
Dec,  and  2d  Mon.  of  any  intermediate  month. 

Jury  terms,  1st  Mon.  Aug..  3d  Mon.  Nov.  ami 
Jan.,  and  2d  Mon.  April.  Return  days,  1st 
Mon.  of  each  month,  and  Mondays  and  Fri- 
days of  trial  weeks. 

Jury  terms  as  ordered  during  months  Jan., 
Feb.,  April,  May,  Oct.  and  Nov.  Return  days, 
1st  Mon.  each  month,  and  3d  Mon.  Sept. 

Jury  terms  and  return  days, 3d  Mon.  March,  1st 
Mon.  June,  3d  Mon.  Oct.  and  Dec. 

Jury  terms,  1st  Mon.  Jan.  and  March,  2d  Mon. 
June,  3d  Mon.  Sept.  Return  days,  1st  Mon. 
Jan.  and  March.  2d  Mon.  June,  3d  Mon.  Sept. 

Jury  terms,  3d  ]Mon.  Jan..  March,  ;May,  Sept. 
and  4th  Mon.  Nov.  Return  days,  1st  and  2d 
Mon.  Jan.,  March,  May,  July,  Sept.,  and  2d  and 
od  Mon.  Nov. 


Lycoming  .  .  .  Williamsport  .  29 

McKean  ....  Smethport ...  48 

Mercer Mercer 35 

Mifflin Lewistown  ...  20 

Monroe Stroudsburg  .  .  43 

Montgomery .  .  Norristown   .  .  38 

Montour  ....  Danville  ....  26 

Northampton  .  Easton 3 

Northumb'rl'd  Sunbury ....  8 

Perry New  Bloomfield  41 

Philadelphia  .  .  Philadelphia.  .  1 

Pike Milford 22 

Potter Coudersport .  .  48 

Schuylkill  .  .   .  Pottsville.  .  .   .  21 


PENNSYLVANIA. 


673 


County. 


Where  Held.     Dist. 


Time. 


Snyder Middleburgh 

Somerset  ....  Somerset  . .  . 


20 


Sullivan  ....  La  Porte  .  .  . 
Susquehanna  .  Montrose  . .  . 

Tioga Wellsboro  .  . 


ITnion Lewisbiu-gh 

Venango  ....  Franklin  ,  . 

Warren Warren  . .  . 

Washington  .   .  Washington 


16 


20 


Jury  terms  and  return  days,  4tli  Mon.  Feb.,  May, 
Sept  ,  and  2d  Mon.  Dec. 

Jury  terms, 4th  Mon.Feb.,3>ron.  May.ith  Mon. 
Sept.,  2d  Mon.  Dec.  Return  days,  1st  Mon. 
each  month.  -Jth  ]\Ions.  and  2  succeeding  Fri. 
Fed.  and  Sept.,  8d  Mon.  and  2  succeeding  Fri. 
May,  and  2a  Mon.  and  2  succeeding  Fridays 
Dec. 

Jury  terms  and  I'eturn  days,  ithMon.  Feb.,  May 
Sept.,  and  2d  Mon.  iJec. 

Jury  terms,  3d  Mon.  Jan.,  Apr.,  Aug.  and  Nov. 
Return  days,  2d  Mon.  Jan.,  Apr.,  Aug  ,  Nov. 
and  Ist  Mon.  each  month. 

Jury  terms,  4th  Mon.  Jan.,  1st  Mon.  April,  4th 
Mon.  Aug.  (3  weeks)  and  4tli  Mon,  Juue  and 
Oct.  Return  days,  4th  ]Mon.  Jan,  1st  Mon. 
April,  4th  Mon.  Aug.,  last  Mon.  of  any  inter- 
mediate montli. 

Jury  terms,  2d  Mon.  INIarch,  3d  Mon.  May,  Sept., 
and  Dec.    Return  days,  Ist  Mon.  each  montli, 
and  2d  Mon.  March,  3d  Mon.  May,  Sept.  and 
Dec.,  and  Friday  of  .same  week. 
28   Jury  terms,  as  directed  by  the  court.     Return 
days,  1st  Mon.esich  month,  and 4th  Mon.  Jan., 
April,  Aug.  and  Nov. 
37   Jury  terms  and  return  days,  2d  Mon.  Nov.  and 
Dec,  1st  Mon.  Jan.  and  Feb.,  2d  JNlon.  Feb.,  1st 
Mon.  April,  May  and  Oct. 
27    Jury  terms,  3d  Mon.  Feb.,  May  and  Nov.    Re- 
turn days,  1st  Mon.  each  month,  and  3d  Mon. 
Feb.,  May  and  Nov. 
22    Jury  terms  and  return  days,  1st  Mon.  Feb.,  May, 

Sept.  and  Dec. 
10    Jury  terms,  2d  Mon.  Feb.,  3d  Mon.  May,  1st  Mon. 
Sept.,  and  3d  Mon.  Nov.     Return  days,  1st 
Mon.  each  month,  2d  Mon.  Maj'  and  Nov., 
and  last  Mon.  Aug. 
44   Jury  terms,  2d  Mon.  Jan.,  Apr.,  Aug.  and  Nov. 
Return  days,  2d  Mon.  Jan.,  April,  Aug.  and 
Nov.,  and  Fridays  following. 
19    Jury  terms,  2d  Mon.  Jan.,  3d  Mon.  Apr.,  4th 
Mon.  Aug.,  3d  Mon.  Oct.,  and  1st  Mon.  each 
month,  except  Jan.  and  Nov. 

For  jurisdiction  of  courts,  see  title  Courts,  under  Laavs  of  Pennsylvania,  ante. 
Curtesy. — (See  Dower.) 

Deeds. — Of  real  estate  must  be  under  seal  which  may  be  a  scroll  made 
with  pen  and  ink.     To  convey  a  fee  they  must  include  the  word  "heirs." 

Deeds  are  good  from  their  delivery ;  as  between  the  parties  and  their 
privies  and  also  judgment  creditors,  btit  are  not  good  against  bona  fide  sub- 
seqitent  iTurchasers  or  mortgagees  for  a  valuable  consideration,  without 
notice,  who  record  their  deeds  or  mortgages  before  the  record  of  the  prior 
deed.  To  give  record  notice  to  a  subsequent  purchaser  or  mortgagee,  in 
Philadeljjhia,  the  deed  should  be  recorded  at  once,  and  in  the  rest  of  the 
state,  within  six  months,  tinless  made  out  of  the  state,  when  the  time  is 
twelve  months.     They  should  also  have  two  subscribing  witnesses. 

Depositions. — Are  taken  out  of  the  state  by  commission,  directed  to  cer- 
tain persons,  named  by  the  parties,  with  the  approval  of  the  court.  They 
may  be  taken  in  the  court  below,  pending  a  writ  of  error,  and  when  taken  in 
one  suit  may  be  used  in  another,  if  the  subject  of  the  suits  are  the  same. 

Form — Caption  to  Deposition. 

"Depositions  of  witnesses  produced,  sworn  (or  affirmed)  and  examined, 

on  the day  of ,  in  the  year  of  our  Lord,  one  thoiisand  eight  hundred 

and  eighty ,  at  the  office  of ,  No. street,  in  the  city  of 

and  state  of ,  under  and  by  virtue  of  a  commission  issued  out  of  the 


Wayne Honesdale  .  . 

Westmoreland.  Greensburg   . 

Wyoming  .  .  .  Tunkhannoclv 
York York 


674-  PENNSYLVANIA. 

court  of  common  pleas  for county  (as  the  case  may  be)  to directed, 

for  the  exammation  of  witnesses  in  a  certain  cause  depending  in  said  court, 
wherein is  plaintiff  and is  defendant." 

INSTRUCTIONS. 

The  commissioner  will  examine  the  witnesses  separately,  after  adminis- 
tering to  each  of  them  an  oath  or  affirmation  (in  the  usual  fonii,  or  in  such 
form  as  shall  be  binding  on  his  conscience)  that  the  answers  he  will  give  to 
interrogatories  and  cross-interrogatories  (if  any)  shall  be  the  truth,  the 
whole  truth  and  nothing  but  the  truth. 

The  commissioner  will  then  draw  up  in  writing  the  answers  of  the  wit- 
nesses to  the  interrogatories  in  the  following  form  : 

A.  B.  (insert  residence  and  occupation, )  aged years  and  upward,  be- 
ing duly  sworn  (or  affirmed)  and  examined  on  the  part  of  the  plaintiff  (or 
defendant)  doth  depose  and  say  as  follows  :  1.  To  the  first  interrogatory  he 
says,  etc.  (insert  the  answer.)  2.  To  the  second  interrogatory  he  says,  etc. 
(and  so  through  the  interrogatories  until  all  have  been  answered.)  If  there 
are  cross-interrogatories,  the  deposition  will  proceed  thus  :  1.  To  the  first 
cross-interrogatory,  he  saith,  etc.  (and  so  on  throughout.)  Every  inter- 
rogatory and  cross-interrogatory,  and  each  brancli  and  clause  thereof,  must 
be  answered,  if  the  witness  merely  declare  that  he  has  no  knowledge  of  the 
matter  inquired  of.  The  witness  must  sign  the  deposition,  or  make  his 
mark  if  he  cannot  write  ;  and  the  commissioner  will  certify  opposite  the  sig- 
nature or  mark  as  follows  : 

Form — Continued. 

Examination  taken,   reduced  to  writing,   and  by  the  witness  subscribed 

and  sworn  (or  affirmed)  to  this day  of ,  A.  D.  18 — ,  before  me, 

commissioner. 

INSTRUCTIONS. 

And  the  commissioner  will  also  sign  his  name  to  each  page  of  testimony. 
If,  in  the  examination,  any  paper,  exhibit  or  document  be  produced  or  re- 
ferred to,  it  must  be  marked  by  some  letter  or  figure,  and  further  identified 
by  the  commissioner  in  the  following  manner  ;  "At  the  execution  of  a  com- 
mission   to    take  testimony   between  ,  plaintiff",    and  ,  defendant, 

this  paper  has  produced  and  deposed  unto  by (here  give  the  witness' 

name)  at  the  time  of  his  examination" — to  which  the  commissioner  and 
witness  will  sign  their  names. 

INTERPRETER. 

If  an  interpreter  should  be  employed,  he  must  be  sworn  (or  affirmed)  that 

he  "will  truly  and  faithfully  interpret  the  oath  and  interrogatories  to , 

a  witness  now  to  be  examined,  out  of  the  English  language  into  the 

language,  and  will  truly  and  faithfully  interpret  an  answer  of  the  said  wit- 
ness thereto  out  of  the language  into  the  English  language."  The  de- 
position must  also  be  signed  by  the  interpreter,  and  the  fact  certified  by  the 
commissioner. 

The  commissioner  will  indorse  his  return  on  the  commission  thus  :  "  The 
execution  of  this  commission  appears  in  certain  schedules  hereto  annexed." 
The  fees  of  the  commissioner  should  also  be  indorsed.  The  depositions  and 
exhibits  must  be  bound  up  with  the  commission,  some  tape  passing  through 
and  connecting  the  whole,  and  securely  inclosed  in  a  packet,  sealed  with  the 
commissioner's  seal,  with  his  name  written  across  or  by  the  side  of  tlie  seal. 
Tlie  name  of  the  case  must  be  indorsed  on  the  envelope,  and  it  must  be  ad- 
dressed to  the  court  from  which  the  commission  issued.  Unless  otherwise 
instructed,  it  should  be  returned  by  mail  with  the  following  additional  in- 
dorsement :     {Form.)  "  Deposited  in  the  post-office  at tlais day  of 


PENNSYLVANIA.  675 

,   A.  D.  18 — ,  by  me" — and  this  should  be  sij^ued  by  the  commissioner. 

No  person  is  allowed  to  be  present  during  the  examination  but  the  commis- 
sioner and  the  witness  and  such  disinterested  person  as  the  commissioner 
may  (if  he  think  tit)  appoint  as  clerk,  (6  Barr.,  44!).  i  The  in.strnctions 
should  be  literallj'  followed,  as  a  slight  variance  may  vitiate  the  execution  of 
the  commission.     (See  I'roubat  d-  Haley's  Practice,  %  59T,  et  seq.) 

Descent. — The  widow  of  an  intestate,  if  he  leave  real  property,  takes  one- 
third,  if  children  survive  ;  if  no  children  survive,  she  takes  one-half  for  life, 
and  if  he  leave  no  known  heirs  she  takes  all  in  fee.  Illegitimates  inherit 
from  their  mother  as  heirs  in  fee  simple.  The  surviving  husband  has  a  life 
estate  in  his  wife's  land,  as  tenant  by  the  courtesy,  whether  issue  had  been 
born  or  not.  In  all  cases,  collaterals  in  the  same  degree  take  equallj',  and 
in  unequal  degrees,  by  representation,  as  far  as  grandchildren  of  brothers 
and  sisters  and  children  of  uncles  and  aunts.  Then  to  the  next  of  kin,  ac- 
cording to  the  rules  of  the  civil  (not  of  the  canou)  law.  In  all  cases,  the 
heirs  must  be  of  the  blood  of  the  ancestors.  And  on  default  of  all  the  fore- 
going, to  the  widow  or  husband  of  the  intestate,  and  if  none,  then  escheat 
to  the  commonwealth.  Posthumous  heirs  inherit  in  the  same  nianner  as  if 
born  in  the  intestate's  lifetime.  The  same  time  prevails  as  to  realty  as  to 
personalty  in  making  claim  for  share,  in  deducting  advancements  and  pay- 
ing collateral  inheritance  taxes.  If  the  intestate  die  leaving  issue  his  per- 
sonal property  descends  to  his  widow  in  one-third  portion  absolutely;  if  no 
issue,  one-half.  The  surviving  husband,  if  there  be  also  issue,  takes  one 
equal  share  with  the  children,  the  personal  estate  being  divided  equally 
among  the  liusband  and  children,  share  and  share  alike.  If  there  be  no  issue 
he  takes  all.  Subject  to  these  provisions  the  personalty  is  divided  among 
the  issue  the  same  as  realty. 

Divorce. — An  absolute  divorce  will  be  granted,  where  the  marriage  is 
void,  from  an  existing  marriage  or  from  one  coming  within  the  degrees  of 
affinity  or  consanguinity  ;  where  there  is  natural  impotence  ;  for  adultery 
and  cruel  and  barbarous  treatment ;  where  there  is  wilful  desertion  for  two 
years  or  either  party  has  been  convicted  of  felony  and  sentenced  for  a  term 
exceeding  two  years  ;  and  where  the  marriage  has  been  procurred  by  force, 
fraud  or  coercion,  and  not  been  confirmed  by  the  acts  of  the  injured  party. 
No  person  is  entitled  to  a  divorce  unless  botia  fide  a  resident  of  ihe  state  for 
one  year  prior  to  the  application.  Divorce  for  desertion  may  be  applied  for 
after  six  months  only,  but  the  decree  will  not  be  made  until  the  expiration 
of  the  two  years.  Divorce  for  desertion,  intolerable  treatment,  or  adultery, 
will  be  granted,  though  the  act  occurred  in  another  state  or  country,  A  jury 
trial  will  only  occur  on  the  demand  of  either  party.  Publication  will  be 
made  if  the  defendant  is  not  found  in  the  county.  An  appeal  lies  within  one 
year  to  the  supreme  court,  but  the  decree  will  be  vacated  at  any  time  for 
fraud,  by  the  court  pronouncing  it.  Divorce  from  bed  and  board,  will  be 
granted  to  any  wife  who  has  been  turned  out,  or  abandoned,  or  been  cruelly 
and  barbarously  treated  so  as  to  endanger  her  life,  or  sutiered  such  indigni- 
ties as  to  render  her  life  intolerable  and  force  her  to  withdraw  from  his  house 
and  family  ;  and  where  the  husband  is  guilty  of  adultery.  Alimony,  fixed 
by  the  court  at  a  sum  not  exceeding  a  third  part  of  his  income,  is  granted  and 
enforced  by  attachment  and  imprisonment ;  it  is  also  a  lien  on  real  estate. 
This  kind  of  divorce  is  terminated  by  reconciliation,  or  offer  to  receive  and 
treat  as  a  good  husband  ought  to  do. 

Dower — And  courtesy  attach  to  both  legal  and  equitable  estates.  The 
widow  is  entitled  to  one-third  of  the  estate  of  her  husband,  as  her  dower, 
while  the  surviving  husband  has  a  life  estate  in  his  wife's  land,  as  tenant  by 
the  courtesy,  whether  issue  had  been  born  of  the  marriage  or  not,  "Where 
a  will  is  made,  the  husband  or  wife  may  take  against  it,  the  wife  taking  the 
same  interest  as  if  her  husband  had  died  intestate,  and  the  husband  taking 


676  PENNSYLVANIA. 

such  interest  in  her  estate  as  she  could  against  his  will,  or  else  taking  only  his 
estate  by  the  curtesy  in  the  realty. 

Evidence. — By  the  act  of  May,  A.  D.  1887,  all  persons  in  criminal  as  well 
as  civil  cases  are  made  competent  witnesses  except  such  persons  as  have  been 
convicted  of  ijerjury  or  subornation  of  perjury  ;  also  husband  and  wife; 
counsel  and  client  are  not  permitted  to  testify  for  or  against  one  another  ; 
neither  is  the  surviving  party  to  an  action  allowed  to  testify.  Any  party  to  a 
suit  may  be  compelled  to  testify  against  his  interest,  in  which  case  he  be- 
comes comi^etent  as  witness  for  either  party.  In  any  civil  proceeding,  the 
testimony  of  any  competent  witness  may  be  taken  by  commission  or  deposi- 
tion in  accordance  with  the  laws  of  this  commonwealth,  and  the  rules  of  the 
proper  court.  Wlien  properly  proven  notes  of  the  examination  of  a  witness 
in  any  former  civil  proceeding,  may  be  competent  evidence  in  a  subsequent 
proceeding.  For  contradiction,  evidence  must  be  proven  orally.  Witnesses  are 
compelled  to  testify,  except  defendants  on  trial  in  a  criminal  court,  but  such 
defendants  need  not  criminate  themselves  ;  and  any  neglect,  on  the  part  of  a 
defendant  in  a  criminal  court  to  testify,  shall  not  be  treated  as  creating  any 
presumption  against  him,  or  be  adversely  referred  to  by  court  or  counsel 
during  the  trial. 

Executions. — May  issvie  as  soon  as  judgment  is  obtained,  or  at  any  time 
witliin  five  years.  The  writ  of  execution  is  made  returnable  on  the  first 
Monday  of  the  following  term ;  but  it  is  the  duty  of  the  sheriff"  to  make  his 
levy  at  once,  and  he  may  proceed  to  sell  personal  property  upon  six  days' 
notice,  and  distribute  the  proceeds.  Stay  of  execution  upoa  suits  in  court 
can  be  taken,  by  giving  security,  or  under  claim  of  freehold.  On  all  sums  of 
$300  and  under,  six  months ;  between  6300  and  $500,  nine  months  ;  over  $500 
twelve  months.  In  suits  before  justices  of  the  peace,  on  sums  between  five 
dollars  and  thirty-three  cents  and  twenty  dollars,  three  months  ;  between 
twenty  dollars  and  sixty  dollars,  six  months  ;  and  over  sixty  dollars,  twelve 
months.  Tlie  stay  is  computed  from  the  first  day  of  the  term  to  which  the 
action  was  commenced. 

Executors. — Whenever  the  executors  named  in  any  last  will  or  testament, 
shall  refuse  or  renounce  the  trust  and  execution  thereof,  the  register  having 
jurisdiction  may  receive  the  probate  of  such  will,  and  grant  letters  of  admin- 
istration with  it  annexed,  to  the  person  by  law  entitled  thereto.  Before  any 
register  shall  issue  such  letters,  he  shall  first  administer  an  oath  to  the  person 
or  persons  accepting  the  same,  and  all  non-resident  executors  shall  also  be 
required  to  give  bonds. 

Exemption. — The  law  exempts  from  levy  and  sale  upon  execution,  or  dis- 
tress for  rent,  the  wearing  apparel  of  defendant  and  family,  the  bibles,  school 
books  and  sewing  machines  in  use  in  his  family,  and  any  other  property,  real 
or  personal,  which  he  may  claim  as  exempt,  to  the  value  of  $800.  The  ex- 
emption must  be  claimed  by  the  defendant,  and  being  a  jiersonal  right  merely, 
it  can  be  waived  by  him  if  he  does  not  wish  to  take  advantage  of  it. 

Factors. — It  is  a  misdemeanor  for  factors,  consignees  and  common  carriers 
to  embezzle  goods  committed  to  their  care.  It  is  also  a  penal  offence  for  any 
person  to  knowingly  buy  such  merchandise.  Factors  always  have  a  lien  on 
goods  for  expenses  and  cliarges.  Wai'ehousemen  may  issue  negotiable 
receipts  for  goods  stored  or  in  transit  to  them,  transfcrrable  by  indorsement 
and  delivery.  Issuing  such  receipts  without  actual  custody,  or  delivering  the 
goods  without  the  return  of  tlie  receipt,  is  a  fraud,  punishable  by  fine  and 
imprisonment  as  well  as  civil  suit. 

Gamisliment. — {See  Attachments.) 

Grace. — {See  Notes  and  Bills  of  Excliange.) 


PENNSYLVANIA.  677 

Insolvent  L&ws.—CSee  Arrest.) 

Interest. — Le<j[al  interest  is  six  per  cent.  Usurious  interest  can  not  be 
■collected,  and  if  paid  may  be  recovered  back,  provided  suit  is  brought  there- 
for within  six  months.  Negotiable  paper  taken  bona  fide  in  the  usual  course 
of  business  is  not  affected  by  the  rate  of  discount  allowed  on  it ;  and  canal 
and  railroad  companies  may  sell  their  bimds,  etc.,  below  par,  without  mak- 
ing the  interest  usurious.  Most  of  the  savings  banks  are,  by  special  statute, 
authorized  to  lend  money  at  higher  rates  of  interest ;  but  banking  companies 
are  prohibited  from  taking  more  than  six  per  cent,  (Act  of  May  23,  1878.) 
Commission  merchants  and  agents  may  contract  with  parties  outside  the 
state  for  seven  per  cent.  It  is  not  usury  for  a  borrower  to  contract  to  pay  the 
taxes  upon  the  money  lent,  nor  to  pay  a  reasonable  attorney's  fee  in  case  suit 
is  brought  for  its  collection.  Interest  is  due  upon  every  debt  from  the  time 
it  becomes  due  and  payable.  The  rate  is  the  same  on  all  debts,  whether  se- 
cured by  judgment  or  not. 

Judgment. — Is  good  for  twenty  years,  but  is  a  lien  on  real  estate  only  for 
five  years  from  its  date.  Its  lien  may  be  continued  indefinitely,  however,  by 
I'eviving  it  every  five  years.  It  is  not  a  lien  upon  after  acquired  real  estate 
until  revived. 

Justices  of  the  Peace. — {See  Courts.) 

Liens. — Mechanics  liens  must  be  filed  within  thirty  days  after  last  labor 
■done  or  material  furnished.  Notice  of  intention  to  file  such  lien  must  be 
given  to  the  owner  or  reputed  owners,  or  such  lien  will  be  of  no  validity,  and 
no  such  lien  shall  continue,  but  shall  be  released  and  discharged,  unless  the 
party  claimant,  or  his  legal  representatives  shall,  within  three  months  of  the 
date  of  filing  his  statement  of  claim,  as  aforesaid,  prosecute  the  same  by 
•causing  a  scire  facias  to  be  issued  thereon,  as  is  now  provided  by  law  incase 
of  mechanics  liens,  relating  to  mechanics  liens. 

Limitation  of  Actions. — Seven  years  quiet  possession  gives  a  valid  title 
to  real  estate  in  Pennsylvania.  Entry  to  lands  is  barred  after  twenty-one 
jears,  also  right  of  action,  except  those  laboring  nnder  legal  disabilities. 
All  personal  actions  shall  be  barred  by  the  statute  of  limitations  after  six 
years;  except  actions  of  trespass,  assault,  battery,  wounding,  or  imprison- 
ment, which  shall  be  barred  in  two  years.  All  actions,  suits,  bills,  indict- 
ments or  informations,  which  shall  be  brought  for  any  forfeiture,  upon  any 
penal  act  of  assembly  made  or  to  be  made,  wherebj'  the  forfeiture  is  or  shall 
be  limited  to  the  commonwealth  only,  shall  hereafter  be  brought  within  two 
years  after  the  ottence  was  committed  and  at  no  time  afterwards.  Theoft'ence 
of  forgery,  whether  the  same  be  a  misdemeanor  or  felony  shall  not  be  held 
barred  by  the  statute  of  limitation,  when  the  indictment  therefor  shall  have 
been  brought  or  exhibited  within  five  years  next  after  the  offence  has  been 
committed. 

Limited  Partnerships.— (-See  PartnersMps.) 

Married  "Women. — Tlie  act  of  assembly  approved  June  3d,  A.  D.  1887, 
commonly  called  the  "married  person  property  act"  has  greatly  revolution- 
ized the  rights  of  married  women,  giving  them  full  power  to  inherit,  acquire 
and  convey  real  or  personal  property,  improve  the  same  ;  have  the  power  to 
make  contracts  of  any  and  every  kind;  to  give  obligation  binding  themselves 
therefore,  and  also  to  sue  and  be  sued,  without  being  joined  by  their  hus- 
bands, upon  any  and  all  contracts  made  by  them  ;  upon  all  torts  committed 
by  them,  and  to  have  as  full  power  in  every  rcsjject  as  if  they  were  feme  sole 
traders.     Provided  however,  that  a  married  woman  shall  have  no  power  to 


678  PENNSYLVANIA. 

mortgage  or  convey  her  real  estate,  unless  her  husband  join  in  such  mort- 
gage or  conveyance,  nor  become  accommodation  indorser,  guarantor  or 
surety  for  another.  A  married  woman  may  make,  execute  and  deliver  leases 
of  her  property,  real  and  personal  and  assignments,  transfers  and  sales  of  her 
separate  personal  property  and  notes,  bills,  drafts,  bonds  or  obligations  of 
any  kind,  and  to  appoint  attorneys  to  act  for  her,  and  it  shall  not  be  necessary 
for  her  husband  to  be  made  a  party  thereto  or  joined  therein.  A  married 
woman  may  dispose  of  her  property,  real  and  jiersonal,  by  last  will  and  testa- 
ment in  writing,  in  the  same  manner  as  if  she  were  unmari-ied.  Husband  and 
wife  shall  have  the  same  civil  remedies  upon  contracts  in  their  own  name  and 
right  against  all  persons  for  the  protection  and  recovery  of  their  sepai'ate 
property  as  unmarried  persons. 

Mechanics  Liens.— (/See  Liens.) 

Minors. — All  persons,  male  or  female,  married  or  single,  are  of  age  at 
twenty-one  years.  Minors  above  fourteen  must  appear  in  court  to  choose 
their  guardians,  unless  non-residents  or  unable  to  appear.  All  guardians 
appointed  by  the  courts,  are  required  to  give  bonds,  to  be  approved  by  the 
court,  to  file  an  inventory  of  the  estate  with  the  clerk  of  the  court,  to  file  ac- 
counts every  three  years  and  a  final  account  on  discharge.  Discharge  may 
be  granted  before  the  minor  attains  majority,  if  the  court  approve  ;  so  also 
removal  for  misconduct. 

Mortgages. — Are  executed  and  acknowledged  same  as  deeds,  and  lien  in- 
heres from  time  of  recording,  except  where  given  for  purchase  money,  when 
the  mortgage  is  a  lien  from  its  date,  if  recorded  within  sixty  days.  Chattel 
inortgages  may  be  given  on  mining  property,  lumber,  petroleum,  iron  and 
other  articles  specified  ;  must  be  for  not  less  than  $500,  and  must  be  filed  of 
record.  The  lien  thus  created  continues  one  year,  and  must  be  revived 
within  thirty  days  of  the  expiration  of  that  period,  or  it  becomes  void. 

Notes  and  Bills  of  Exchange. — (See  Bills,  etc.) 

Oaths  and  Affidavits. — Witnesses  are  sworn  by  laying  the  hand  upon  the 
book  and  kissing  it,  or  with  the  uplifted  hand  and  the  repetition  of  the  usual 
words  ;  an  afiirmation  is  also  allowed.  A  certificate  from  the  clerk  or  pro- 
thonotary  of  court,  over  his  hand  and  seal,  as  to  the  right  of  the  person  ta 
administer  the  oath,  must  accompany  all  acknowledgments. 

Practice. — (See  Actions.) 

Partnerships. — Partnership  associations  may  be  formed  for  the  transac- 
tion of  any  lawful  business,  under  the  act  of  1874.  Three  or  more  persons 
may  enter  into  such  partnership,  and  their  liability  extends  only  to  the 
amount  of  stock  subscribed  by  themselves.  The  word  "  Limited"  must 
always  follow  the  name  of  the  association.  Limited  partnerships  may  be 
formed,  but  not  to  carry  on  the  business  of  banking  and  insurance.  Their 
liability  is  limited  to  the  amount  of  ca])ilal  contributed  by  them.  A  certifi- 
cate, signed  and  acknowledged  by  all  the  partners,  must  be  recorded,  show- 
ing the  firm  name,  the  nature  of  the  business,  the  names  and  designations  of 
the  general  and  special  partners  and  their  places  of  residence,  the  capital  con- 
tributed by  the  special  partners,  and  the  commencement  and  termination  of 
the  term  of  partnership. 

Recording. — (See  Deeds.) 

Replevin. — Personal  pi'operty  may  be  replevied  by  the  owner  or  otherper- 
son  entitled  to  the  i)ossession  of  it.     The  plaintiff  or  some  one  in  his  behalf 


PENNSYLVANIA.  679 

must  execute  a  bond  to  the  sheriff  in  double  the  value  of  the  property 
claimed,  and  if  the  defendant  wishes  to  assert  his  right  of  possession,  he  can 
retain  the  property  by  giving  like  security. 

Revivor. — All  judgments  entered  in  any  court  of  record  of  this  common- 
wealth, or  revived  in  manner  prescribed  by  the  act  of  March  2Gtli,  18S7,  to 
which  this  is  a  supplement,  shall  continue  a  lien  on  the  real  estate  of  the 
defendant  for  the  tenn  of  five  years  from  the  day  of  entry  or  revival 
thereof ;  and  no  judgment  shall  continue  a  lien  on  such  real  estate  for  a 
longer  period  than  five  years  from  the  day  on  which  such  judgment  may  be 
entered  or  revived,  unless  revived  within  that  period  by  agreement  of  the 
parties  and  terre  tenants,  filed  in  writing,  and  entered  on  the  projier  docket, 
or  a  writ  of  scire  facias  to  revive  the  same  be  sued  out  within  said  period, 
nor  shall  the  revival  of  such  judgment  by  agreement  as  aforesaid,  or  the  issu- 
ing of  a  scire  facias,  either  with  or  without  entry  of  judgment  thereon,  have 
the  ett'ect  of  continuing  such  lien  for  a  longer  pei'iod  than  five  years  from  the 
day  on  which  it  may  be  revived  as  aforesaid,  or  siach  scire  facias  may  have 
issued. 

Stay  of  Execution.— (-S^e  Executions.) 

Supplementary  Proceedings. — Proceedings  of  this  nature  lie  only  where 
the  debtor  is  liable  to  arrest  and  where  a  bill  of  discovery  can  be  had.  The 
proceeding  is  statutory,  and  substantially  the  same  as  pursued  in  a  foreign 
attachment,  the  defendants  being  interrogated,  etc. 

Taxes. — All  real  estate  may  be  sold  for  taxes,  with  right  of  redemption 
witliin  two  j'ears. 

Trusts. — Trust  deeds  are  not  used. 

Usury. — {See  Interest,  etc.) 

Wages. — There  is.no  stay  of  execution  on  judgments  for  the  wages  of 
manual  labor  amounting  to  one  hundred  dollars  or  less,  and  no  exemption 
from  execution  where  the  judgment  is  for  fifty  dollars  or  less,  when  for  the 
wages  of  manual  labor.  In  the  case  of  an  insolvent's  voluntary  assignment, 
the  wages  must  be  paid  after  thirty  days,  or  execution  may  issue.  That  is, 
where  the  insolvent  was  an  employer  of  miners,  servants  in  public  or  private 
houses,  laborers  in  livery  stables  or  laundries,  washerwomen,  dressmakers, 
seamsters  and  seamstresses,  store  clerks,  printers  or  apprentices  ;  their  wages 
are  preferred  to  the  amount  of  two  hundred  dollars.  In  the  case  of  all  other 
assignments,  the  amount  of  wages  preferred  is  limited  to  one  hundred  dollars, 
and  are  preferred  before  rent  and  judgments  or  mortgages  not  i:>rior  to  the 
performance  of  the  labor.  Suits  for  wages  of  manual  labor  have  priority  on 
the  trial  list. 

Wills. — For  special  provisions  ;  and  t>therwise,  every  person  of  full  age  and 
of  sound  mind,  may  dispose  of  his  real  and  personal  property  by  will.  Such 
will  must  be  in  writing,  except  that  personalty  may  be  given  by  a  nuncupa- 
tive will  during  the  last  illness,  declared  by  the  testator  in  his  ow"n  house  or 
where  he  has  resided  for  at  least  ten  days,  or  where  the  testator  has  been 
surprised  by  sudden  illness  ;  and  if  the  amount  exceeds  one  hundred  dollars, 
•leclared  to  two  witnesses  at  the  time  ;  unless  the  testator  be  a  mariner  or 
soldier  in  actual  military  service.  And  such  written  will  must  be  signed  by 
the  testator  at  the  end  ;  but  if  he  is  incapable,  then  by  some  one  in  his  pres- 
ence and  by  his  express  direction.  In  the  latter  case  the  testator's  name  need 
not  be  written  to  the  will ;  only  the  witnesses'  navies,  at  his  request.  A  will 
may  be  written  or  signed  in  lead  pencil.     Witnesses  are  not  necessary,  except 


680  PENNSYLVANIA. 

in  the  cases  of  married  women's  wills,  where  the  testator  cannot  sign,  and 
where  there  is  a  devise  to  a  charity  ;  these  all  require  two  witnesses.  The 
witnesses  do  not  need  to  have  the  will  read  to  them.  No  seal  is  necessary. 
The  whole  of  the  testator's  estate  passes  without  words  of  inheritance,  as  does 
also  after-acquired  real  estate,  unless  it  appears  otherwise  from  the  words  of 
the  will.  And  all  wills  speak  and  take  effect  as  if  executed  immediately  be- 
fore the  testator's  death,  unless  a  contrary  intention  appear.  A  lapsed  or 
void  devise  of  realty  (like  personalty)  will  fall  into  the  residue,  if  any.  Cop- 
ies of  wills  duly  proved  in  any  other  state  or  country  may  be  registered  here 
if  duly  authenticated,  and  letters  testamentary  or  of  administration  will  be 
granted  thereon. 

Witnesses.— ((See  Evidence.) 


PENNSYLVANIA. 


681 


ATTORNEYS  IN  PENNSYLVANIA. 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  population. 
Figures  after  names,  when  admitted  to  the  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (J)  our  Compiler  of  Laws. 
A  dagger  (t)  former  recommendation  withdrawn. 


PLACE. 

COUNTY. 

Aaronsbtirgh 

Centre 

Acaderaia 

Juniata 

Allentown 

Lehigh 

Allenwood 

Union 

Altoona 

Blair 

Apollo 

Armstrong 

Ashland 

Schuylkill 

Athans 

Bradford 

Avoca 

Luzerne 

Barnhart's  Mills 

Butler 

Beaver 

Beaver 

Beavertown 

Snyder 

Beaver  Falls 

Beaver 

NAMES   OF  ATTORNEYS. 


popula'n. 


Bedford 

Bellefonte 

Berrysburgh 

Berwick 

Bethlehem 

Big  Cove  Tannery 

Blairsville 

Bloomsburg 

Blossburgh 

Bradford 

Braddock 
Bristol 
Brookville 
Butler 

Cannousburgh 

Canton 

Carbondale 

Carlisle 

CarroUtown 
Catasauqua 


Bedford 


Centre 

Dauphin 

Columbia 

Northampton 

Fulton 

Indiana 

Columbia 

Tioga 

McKean 

Allegheny 

Bucks 

Jefferson 

Butler 

Washington 

Bradford 

Lackawana 

Cumberland 

Cambria 
Lehifjh 


Jas.  P.  Cobum.  1,500 

John  Nurse.  160 

fF.  A.  R.BALDWIN,  ,j.  ,,.^ 

\  536  Hamilton  St.  ^^'^^^ 

(See  Lewisburg).  621 

Alexander  &  Herr.  23,716 

J.  Freetly.  1,156 

Wm.  A.  Marr.  6^052 

S.  R.  Tayue.  2,000 

{See  Pittston.)  — 

M.  B.  McBride.  3,000 

S.  B.  Wilson.  1,200 

(See  Selins  Grove).  336 

/  f  Joseph  Ledlie.  c,  -.^„ 

I  Roger  Cope,  ^''"^^ 

(  Hon.  Wm  M.  Hall.    Late 

^      Prest.  Judge  16th  Judi- 

r      cial  Dist.,  Penna. 

<  BEAVER,  "59  GEPHART  '76 
I  &  DALE,  '86. 

H.  L.  Lark. 

C.  B.  Jackson. 

J.  DAVIS  BRODHEAD,  '80. 

G.  W.  Skinner. 

t  W.  B.  Bayer. 

Knoor  &  Wintersteen. 

J.  C.  Horton. 

<  f  James  K.  Wallace, 
i  Geo.  A.  Berry,  '71. 

E.  J.  SMAIL,  '83. 

A.  Weir  Gilkeson,  '79 

H.  CLAY  CAMPBELL,  '68. 

A.  T.  BLACK,  '72. 

James  McCullough. 

Lilley  &  Bullock. 

James  E.  Burr. 

<  H.  M.  LEIDIGH,  '87. 
\  t  James  W.  Eckels. 
S  t  James  C.  Easly. 
\  .James  Null. 

W.  H.  Glace. 


2.011 

3,026 

475 
3.800 
5,193 

166 
2,003 
5.000 
2,140 

9,179 

5,273 
3.025 
3.163 
1,200 
1,500 
7,714 

6,207 

720 
3,200 


682 


PENNSYLVANIA. 


Catawissa 

Ceutralia 

Cbalfaut 

Chambersburgh       Franklin 


COUNTY. 

Columbia 
Columbia 
Bucks 


NAMES   OF    ATTORNEYS.     POPULA'n. 


Chester 


Clarion 


Erie 

Espy 

Everett 

Frackville 

Franklin 

Freeburgli 

Freeport 

Gettysburg!! 

Girard 

Greencastle 

G-reensburg 

Greenville 


Delaware 


Clarion 


Clearfield 

Clearfield 

Coalport 

Clearfield 

Coatesville 

Chester 

Columbia 

Lancaster 

Conueautville 

Crawford 

Connellsville 

Fayette 

Conshohocken 

Montgomery 

Cooksburgb 

Forest 

Corry 

Erie 

Coudersport 

Potter 

Curwensville 

Clearfield 

Danville 

Montour 

Dewart 

Northumberland 

Derrick  City 

McKean 

Downingtown 

Chester 

Doylestown 

Bucks 

Driftwood 

Cameron 

Dubois 

Clearfield 

Duke  Centre 

McKean 

Dushore 

Sullivan 

Easton 

Northampton 

Ebensburgh 

Cambria 

Edinborough 

Erie 

Eldred 

McKean 

Elkland 

Tioga 

Emporium 

Cameron 

Erie 

Columbia 

Bedford 

Schuylkill 

Venango 

Snyder 

Armstrong 

Adams 

Erie 

Franklin 
AVestmoreland 
Mercer 


J.  B.  Bobbins. 
"Wm.  Bryson. 
Thos.  McReynolds. 
<s  J.  D.  Ludwig,  '74. 

( J.  M.  McDowell,  '69. 

f  Orlando  Harvey. 

J  See  Card  in  Appendix,  page  xvii. 

1  Wm.  S.  Sykes,  '78, 
(.  Central  Exchange. 

5  W.  A.  HINDMAN,  '76. 
(  REED  &  WILSON. 
5  MURRAY  &  GORDON. 
}  S.  V.  WILSON,  '77. 

George  M.  Bilger. 

R.  J.  Monaghan. 

H.  M.  North. 

A.  J.  Harper. 

P.  S.  Newnyer. 

James  B.  Holland. 

Samuel  Calvin. 

M.  Crosbv. 

S.  C.  WHITE,  '84. 

R.  D.  Swoope. 

E.  H.  Baldy. 

(SeeLewisburg), 

G.  J.  Stranahan. 

(See  West  Chester). 

JER.  FACKENTHALL,  '82. 

J.  P.  McMarney. 

T.  Ames. 

W.  E.  Burdick. 

T.  J.  Ingham. 
r  Simeon  B.  Chase,  '51. 
J  57  Centre  Square. 

I  WM.  C.  EDELMAN,  '65. 
I     414  &  416  Northampton  St. 

GEORGE  M.  READE,  '51. 

John  Proudfit. 

E.  R.  Mayo. 

J.  S.  Rvon. 
(  M.  BRENNAN,  '82. 
\  NEWTON,  (J.  B). 
I  &  GREENE  (B.  W.) 

r  ALLEN  (GEO.  A.)  & 
J         ROSENZWEIG  (L.) 
I  No.  8  South  Park. 

I  iS'ee  Card  in  Appendix,  page  xvii. 

R.  S.  Howell. 

J.  G.  Krichbaum. 

James  W.  Ryan. 

S.  P.  McCalmont. 

L.  Botdorf. 

D.  Barclay. 
^  G.  J.  Benner. 
(  DAVID  WILLS.  '54 

C.  J.  Hinds. 
B.  E.  Winger. 

D.  C.  OGDEN. 

E.  P.  Gillespie. 


3,G0a 

2,018 

216 

6,877 


14,996 

1,169 

1.808 

2,706 
9,000 
1,000 
5,000 
8,000 

100 
8,000 

90O 
1,300 
8,346 

241 
1,040 
1,480 
2,070 

504 
5,110 
2,068 

80O 

11,924 

1,125 
2,000 
1,200 

470 

1,156 


27,730 

463 
1,950 
1,707 
6,000 

600 
1,750 

2,814 

1,500 
3,500 
3,500 
3,007 


PENNSYLVANIA. 


683 


PLACE. 

Grove  City 

Harrisburg 

Harrison  Valley 

Haitleton 

Hawley 

Hazleton 

HoUidaysburg 

Honesdale 

Houtzilale 

Hughesville 

Ilulmeville 

Huntingdon 

Indiana 

Irwin 

.Jersey  Shore 

Johnstown 

Kane 

Kennett  Square 

Kittanning 

Kratzersville 

Knoxville 

Kutztown 

Lancaster 

La  Porte 

Latrobe 
Lawrenceville 

Lebanon 

Leechburg 

Lehighton 

Lewisburg 

Lewistown 

Linesville 

Liverpool 

Lock  Haven 

Lykens 

McConnellsburg 

3IcVeytown 

Mahanoy  City 

Mansfield 

Maitinsburg 

Marr 

Mauch  Chunk 

Meadville 

Mechanicsbui'g 
Media 

Mercer 

Middleburgh 


COUNTY. 

3Ieroer 

Dauphin 

Potter 

Union 

Wayne 

Luzerne 

Blair 

Wayne 

Clearfield 

Lycoming 

Bucks 

Huntingdon 

Indiana 

Westmoreland 

Lycoming 

Cambria 

McKean 

Chester 

Armstrong 

Snyder 

Tioga 

Berks 

Lancaster 

Sullivan 

AVestmoreland 

Tioga 

Lebanon 

Armstrong 

Carbon 

Union 

Mifflin 

Crawford 

Perry 

Clinton 

Dauphin 

Fulton 

3Iifflin 

Schuvlkill 

Tioga 

Blair 

Luzerne 

Carbon 

Crawford 

Cumberland 
Delaware 

Mercer 

Snyder 


NAMES   OF   ATTORNEYS.      POPL'LA'n. 


F.  .7.  Young, 
f  FRANCIS  .JORDAN,  '4G, 
J  210  Walnut  Street. 

1  .J.  C.  NISSLEY,  '86, 
[  331  Market  Street. 

W.  B.  Brightman. 

(See  Lewisburg.) 

M.  M.  Treadwell. 

H.  HALSEY.  'SL 

M.  A.  YOUNG. 

Elwin  C.  Mumford. 
S  W.  Irwin  Shaw.  Ref.  Houtz- 
(      dale  Bank. 

W.  E.  Crawford. 

M.  H.  Stout. 

GEO.  B.  ORLADY,  '7.3. 

SAM.  CUNNINGHAM,  '70. 

Silas  ^IcCorniick. 

H.  H.  Martin. 

A.  Ashton. 

W.  P.  Weston. 

Geo.  B.  Johnson. 
S  BUFFINGTON,  '78  (JOS.)  & 
}  BUFFINGTON,  '81  (ORR) 

(See  Selins  Grove.) 

J.  T.  Gear. 

J.  H.  Marx. 
(  JUNIUS  B.  KAUFMAN. 
I  149  E.  King  St. 

E.  P.  Ingham. 

J.  G.  Ogle. 

W.  Ryon. 
i  Josiah  Funk. 
(^  P.  IT.  Reinhard. 

S.  M.  Crosby. 

T.  A.  Snyder. 

D.  B.  M.  &  G.  B.  M.  Miller. 
A.  Reed. 

.J.  D.  Bowman. 

E.  C.  Lonu'. 
(  Ryon,  A.  F., 

\  BALL,  SEYMOUR  D. 
I  MYERS,  JOHN  B. 

A.  F.  Thompson. 

Alex.  W.  Scott. 

J.  31.  Woods. 

T.  H.  B.  Lyon. 

Henry  Allen. 

S.  B.  Lysinger. 

(See  Pittston.) 

Craig  A;  Loose. 

Pearson  Church,  '58. 

See  Card  in  Aj>j/endiz,pa{/cx's.}X. 

.  *  Harry  C.  Flood,  '83. 

[  See  Card  in  Appendix, ]X!{/e  xvii. 

H.  11.  Mercer. 

J.  T.  Reynolds, 
^  t  J.  J.  Alexander. 
(  ]\Iiller  &  Gordon. 

F.  E.  Bower. 


30,:G2 

400 
340 
2,083 
6,226 
3.150 
3,620 

2,060 

1,500 
376 
4.177 
3,907 
8,000 
2,000 
8,380 
600 
1,650 

3,000 

120 

500 

1,200 

25,767 

500 
3,813 
1,000 

8,778 

2.014 
2,700 
3,080 
3  222 
l',110 
838 

7,000 

2,154 
610 
679 
7,181 
2,000 
1,267 

5,000 

3,860 

3,019 
1,919 

2,700 

700 


684 


PENNSYLVANIA. 


PLACE. 


COUNTY. 


NAMES  OF  ATTORNEYS.   POPULA'n. 


Mifflinburgh 

Union 

H.  P.  Glover. 

1,168 

Mifflintown 

Juniata 

5  JEREMIAH  LYONS,  '63, 
f  Ref.  Juniata  Valley  Bank. 

2,400 

MUford 

Pike 

H.  T.  Baker. 

1,016 

Millersburg 

Dauphin 

S.  S.  Bowman. 

1,440 

Millertou 

Tioga 

S.  E.  Kirkemlall. 

308 

Milton 

Northumberland 

W.  C.  Lawson. 

5,102 

Minersville 

[Schuylkill 

D.  A.  Jones. 

3,249 

3Iouongaliela 

Washington 

Thos.  H.  Baird. 

4,000 

Montaudon 

Northumberland 

R.  M.  Cummings. 

574 

Montrose 

Susquehanna 

FREEMAN  I.  LOTT.  '75. 

1,722 

Mt.  Carmel 

Northumberland 

V.  Auten. 

5,000 

Mt.  Pleasant 

Westmoreland 

S.  C.  Kelly. 

2,500 

Mt.  Union 

Huntingdon 

J.  B.  Devor. 

946 

Muncy 

Lycoming 

Henry  Johnson. 

1,174 

Myersburg 

Bradford 

T.  E.  Myer. 

— 

Myerstown 

Lebanon 

Geo.  Goekley. 

2,000 

Nanticoke 

Luzerne 

JOHN  M.  GARMAN,  '84. 

3,884 

New  Berlin 

Union 

M.  L.  Schoch. 

705 

New  Bloomfield 

Perry 

W.  A.  Sponsler. 

900 

New  Brighton 

Beaver 

G.  L.  Eberhart. 

5,000 

New  Castle 

Lawrence 

W.  H.  FaUs,  '78. 

8;418 

New  Columbia 

Union 

(See  Lewisburg.) 

219 

New  Era 

Bradford 

W.  H.  Thompson. 

100 

Newtown 

Bucks 

Geo.  A.  Jenks. 

1,800 

Newville 

Cumberland 

Robert  McCachron. 
C  CHILDS.  LOUIS  M.,  '76. 

1,547 

Norristown 

Montgomery 

{  Evans,  Montgomery,  '78. 
(  Gotwalts,  Jacob  V.,  '67. 

13,063 

North  East 

Erie 

Chas.  W.  Hitchcock. 

3.396 

Northumberland 

Northumberland 

J.  H.  Vincent. 

3,000 

Oil  City 

Venango 

Ash  &  Carey. 

10,017 

Overton 

Bradford 

J.  G.  Williams. 

118 

Oxford 

Chester 

THEO.  K.  STUBBS.  '75 

1,502 

Parker 

Armstrong 

-John  SmuUin. 

3,524 

Penlyn 

Columbia 

J.  B.  Robinson. 

100 

Penn's  Creek 

Snyder 

(See  Middleburg.) 

— 

PerryoiJolis 

Fayette                "^ 

John  Fuller. 

231 

Petrolia 

Butler 

J.  H.  Lewis. 

1,186 

Philadelphia.    Philadelphia  County.    Population  846,984 

Bremer,  Chas.  Jr.,  40  South  Third  Street. 

*  Bucher,  Fra^is  E.,  '83,  36  South  Thifd  Street. 

^^^  See  Card  in  Appendix,  page  xix. 

*Buzhy,  Shallcross  &  Pyle,  627  Walnut  Street  and  21 
Park  Row,  New  York. 
Buzby,  Duncan  L. 
Shallcross,  John 
Pyle,  Robert  L. 

See  Card  in  Appendix,  page  xix. 

CLARK,  J.  S.,  35  South  Third  Street. 

*  Colesberry,  Alex.  P.,  '68,  58  South  Third  St. 
Shattuck,  Frank  R.,  '85,  58  South  Third  Street. 

See  Card  in  Appendix,  page  xix. 

*  Cloud,  Edward  H.,  S.  E.  Cor.  6th  &  Walnut  Streets. 

See  Card  in  Appendix,  page  xx. 

Daly,  Eugene  S,,  '77  209  Sout^  Fifth  Street. 


PENNSYLVANIA. 


685 


PHILADELPHIA— Contmued. 

Douglass,  J.  Walter,  914  Walnut  Street. 

Hee  Card  in  Appendix,  page  xix. 

FAHY,  THOMAS  A.,  130  South  Sixth  Street. 

Howson  &  Howson,  119  South  Fourth  Street. 
Howson,  Chas. 
Howson,  Henry 
Howson,  Hurbert 

/See  Card  in  Appendix,  page  xxx. 

*Halbacll,  J.  F.,  114  South  Third  Street. 

Keator,  J.  F.,  '79  241  South  Fifth  Street. 

See  Card  in  Appendix, page  xxi. 

*  Lukens,  Wm.  H.  R.,  716  Walnut  Street. 
MacBRIDE,  AGNEW,  330  South  Fourth  Street. 
McDevitt,  Henry  C,  209  South  Fifth  Street. 
PETTIT,  HORACE,  '82,  518  Walnut  Street. 
Richardson,  C.  B.  D.,  221  South  Fifth  Street. 

*  SATTERTHWAITE,  BENJ.  C,  '71,  242  S.  Fifth  St. 

*  SCOTT,  HENRY  J.,  '78,  217  South  Sixth  Street. 
SNOW,  CHURCH  &  CO.,  435  Chestnut  Street. 
Stockwell,  Adelbert  E.,  '85,  708  Walnut  Street. 
TENER,  KINLEY  J.,  20  North  Seventh  Street. 

Uhle,  John  Bethell,  212  South  Third  Street. 

See  Card  in  Appendix,  page  xxii. 

WAGNER,  AY.  L.  &  GEO.  M.,  '75,  311  North  Sixth  S\. 

*  McDEVITT,  HENRY  C,  209  South  Fifth  Street. 

Showers,  D.  H.,  &  Co.,  N.  E.  Cor.  Fifth  &  Walnut  Sts. 
iS'ee  Card  opposite  page  i.  of  Appendix. 

X  Showers,  Wm.  L.,  N.  E.  Cor.  Fifth  &  Walnut  Sts. 


Pittsburgh.        Allegheny  County. 
BLAKELEY  A.  &  A.  M. 
Blakeley,  A.,  '52. 
Blakeley,  A.  M.,  '85. 


Population  150,381 


CROWN,  JOSEPH,  '77,  435  Grant  Street. 
CURRAN.  W.  J.,  132  Fifth  Avenue. 
McElroy,  M.  Wm.,  '78,  435  Grant  Street, 
t  Schell,  Jr.,  W.  P.,  157  Fourth  Avenue. 


PLACE. 

COUNTY. 

Pittston 

Phillipsburgh 

Phoenixville 

Pleasantville 

Port  Allegheny 

Pottstown 

Luzenie 

Centre 

Chester 

Venango 

McKean 

Montgomery 

Pottsville 

Schuylkill 

Punxsutawney 
Quakertown 

Jefterson 
Bucks 

Reading 

Berks 

Renovo    • 

Clinton 

NAMES  OF  ATTORNEYS.  POPULA'N 

WM.  J.  HUGHES,  '80.  — 

J.  M.  Hale.  3,000 

H.  P.  Waitneight.  6,681 

W.  C.  Benedict.  1,200 

Hamlin  &  Son.  1,000 

M.  D.  Evans.  9,000 

^  *  Christopher  Little,  '57.  ^  o  9,-0 

\  W.  F.  Shepherd,  '67.  ^'^^'^'"'^ 

Winslow  &  Caldenwood.  1,674 

W.  E.  Schock.  2,000 
fGEO.  M.  ERMENTROUT, 
14  N.  Fourth  Street. 

ADAM  B.  RIE^5ER,  '82.  43,280 
526  Washington  Street. 
Ref.  J.  G.  Leiubach  &  Co. 

J.  H.  Ferguson.  3,708 


€86 


PENNSYLVANIA. 


PLACE. 

COUNTY. 

NAMES   OF   ATTORNEYS. 

popula'n. 

Reyiioldsville 

Jefferson 

C.  Mitchell. 



Bidgeway 

Elk 

C.  B.  EARLEY.  '82. 

1,500 

Riverside 

Northumberland 

H.  M.  Hickley. 

1,300 

Roaring  Spring 

Blair 

G.  H.  Spang. 

489 

St.  Mary's 

Elk 

H.  A.  HALL,  '80. 

1,501 

Saltsburg 

Indiana 

W.  T.  Cline. 

1,600 

Sandy  Lake 

Mercer 

W.  W.  Moore. 

1,000 

■Schaefferstown 

Lebanon 

A.  Brendle. 

900 

Scranton. 

Lackawana 

County.           Population  45,850 

JEawley,  Chas.  L.,  403  Lackawana  Avenue. 

See  Card  in  Appendix,  page  xxii. 

Jones,  John  E.,  '78. 

Patterson,  R.  H.,  '85,  No.  6  Coal  Ex.  Building.     Studied 
law  at  the  University  of  Penna.  Philadelphia,  in  1884 
and  1885.     Ref.  Schlager,  Patterson  &  Co. 

SANDO,  M.  F.,  311  Spruce  Street. 


Schuylkill  Haven 

Schujdkill 

G.  H.  Gerher. 

3,052 

Selins  Grove 

Snyder 

A.  C.  Simpson. 

1,500 

Shamokin 

Northumberland 

Wm.  W.  Ryon. 

12,000 

Sharon 

Mercer 

(  f  Wm.  C.  Haus. 
I  Tanner  &  Shilling. 

8,000 

Shenandoah 

Schuylkill 

J.  H.  Pomery. 

10,148 

Shinglehouse 

Potter 

F.  N.  Newton. 

300 

Shippensburgh 

Cumberland 

E.  J.  McCune. 

2,500 

Shrewsbury 

York 

B.  F.  Koller. 

600 

Slatington 

Lehigh 

David  D.  Roper. 

1,635 

Smethport 

McKean 

Hamlin  &  Son. 

1,000 

Somerset 

Somerset 

W.  H.  Koontz. 

1,197 

Stroudsburg 

Monroe 

L.  M.  Burson. 

1,860 

South  Bethlehem 

Northampton 

{See  Bethlehem). 

— 

Sunbury 

Northumberland 

(  ANDREW  N.  BRICE,  '71. 
>  S.  B.  BOYER,  '58. 

4,007 

Susquehanna 

Susquehanna 

EUGENE  O'NEILL,  '75. 

3,467 

Tamaqua 

Schuylkill 

H.  B.  Graiff. 

5,730 

Tioga 

Tioga 

N.  H.  Rvan. 

700 

Tionesta 

Forest 

EPHRAIM  L.  DAVIS,  '73- 

560 

Titusville 

Crawford 

Sherman  &  Grumble. 

9,460 

Towanda 

Bradford 

J.  ANDREW  WILT,  '75. 

3,814 

Troy 

Bradford 

A.  C.  FANNING.  '74. 

1,241 

Tunkhannock 

Wyoming 

(  BRADLEY  W.  LEWIS. 
I  JAMES  W.  PIATT,  '71. 

1,110 

Turbottville 

Nothumberland 

E.  H.  Painter. 

800 

Tyrone 

Blair 

W.  L.  HICKS,  '82. 

3,687 

Ulysses 

Potter 

Lewis  &  Collins. 

600 

Union  City 

Erie 

J.  W.  Sproul. 

4,000 

TJniontown 

Fayette 

A.  A.  Howell. 

4,000 

Warren 

Warren 

SAMUEL  T.  NEILL. 

3,800 

Washington 

Washington 

A.  W.  &  M.  C.  Acheson. 

6,000 

Waterford 

Erie 

Wm.  Benson. 

2,500 

Watsontown 

Northumberland 

A.  J.  Guffy. 

4,000 

Waymart 

Wayne 

L.  G.  Dunock. 

567 

Wajmesburg 

Greene 

C.  A.  Black. 

3,000 

Wellsborough 

Tioga 

J.  B.  Niles. 

2,228 

Well's  Tannery 

Fulton 

J.  C.  Alexander. 

100 

PENNSYLVANIA. 


687 


PLACE. 

COUNTY, 

West  Chester 

Chester 

West  Grove 
Westfield 
.West  Milton 

Chester 

Tioga 

Union 

Wilkesbarre 

LUZEKI 

NAMES   OF 'ATTORNEYS.      POPILA  N. 

FAIRLAMB,  II.  T.,  '77. 

Hayes,  Wm.  M.  7,04G 

See  Card  in  Appendix,  page  xxii. 

{See  Kennett  Square.)  800 

D.  W.  Baldwin.  806 

{See  Leioisburg.)  — 

UNTY.         Population  23,339 


Moore,  Joseph  10  N.  Franklin  Street. 

See  Card  in  Appendix,  page  xxii. 

O'Neill,  D.  L.,  '64,  lOG  Public  Square. 

See  Card  in  Appendix,  page  xxiil. 

Umsted,  T.  C,  '80,  9  South  Franklin  Street. 

See  CAird  in  Aju^endix,  jiagel^xiii. 

t  Lewis,  T.  11.  B. 


Williamsport 

Winfield 

Womelsdorf 

York 


Lycoming 

Union 
Berks 
York 


,  W.  M.  STEPHENS, 
J  35  W.  Fourth  St. 

I  W.  E.  RITTER, 
i.  3rd  and  Pine  Sts. 

{See  Lewisburg.) 

John  M.  Smith. 


18,934 

150 
1,200 


GEORGE  W.  HEIGES,  '67.    13,940 


PENNSYLVANIA. 


BANKS    IN    PENNSYLVANIA. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  ol  one 
bank  in  each  county  of  this  state  in  which  such  a  banking  institution  is  located. 


Allegheny  City 

Allentowu 

Altooiia 

Ambler 

Aiinville 

Apollo 

Ashland 

Ashley 

Athens 

Bangor 

Beaver 

Beaver  Falls 

Bedford 

Belle  fonte 

Berwick 

Bethlehem 

Blairsville 

Bloomsburg 

Boyertown 

Braddock 

Bradford 

Bristol 

Brookville 

Brownsville 

Burgettstown 

Butler 

Cannonsburg 

Canton 

Carbondale 

Carlisle 

Catasauqua 

Catawissa 

Chambersburg 

Chester 

Christiana 

Clarion 

Clearfield 

Coatsville 

Columbia 

Conneautville 

Connellsville 

Conshohocken 

Corry 


NAME   OF   BANK. 

First  National  Bank 
Allentowu  National  Bank 
First  National  Bank 

Annville  National  Bank 
Apollo  Savings  Bank 
Citizens'  National  Bank 
Ashley  Savings  Bank 
First  National  Bank 

Beaver  Deposit  Bank 
Economy  Sav'gs  Institution 
First  National  Bank 


Nat  Bank  of  Boyertown 
Braddock  National  Bank 
First  National  Bank 
Farmers'  Nat  Bk  Bucks  Co 
Jefferson  County  Nat  Bank 
Monongahela  Nat  Bank 
Burgettstown  Nat  Bank 
Butler  Savings  Bank 
Cannonsburg  Bank 
First  National  Bank 

((  ((  K 

Carlisle  Deposit  Bank 
Nat  Bank  of  Catasauqua 
Catawissa  Deposit  Bank 
Nat  Bank  of  Chambersburg 
Delaware  County  Nat  Bank 
Nat  Bank  of  Christiana 
First  National  Bank 

Nat  Bank  of  Chester  Valley 
Columbia  National  Bank 
First  National  Bank 


CASHIER. 

Edward  R.  Kramer. 
C.  M.  W.  Keck. 
John  Lloyd. 
John  J.  Houghton. 
Geo.  W.  Stine. 
S.  M.  Nelson. 
Geo.  H.  Helfrich. 
W.  B.  Mitchell. 
C.  T.  Hull. 
Alfred  M.  Paff. 
Eben  Allison. 
John  Reeves. 
L.  B.  Doty. 
J.  P.  Harris. 
S.  C.  Jayne. 
C.  E.  Breder. 
T.  D.  Cunningham. 
Joseph  P.  Tustin. 
M.  A.  Mory. 
John  G.  Kelly. 
W.  H.  Bell. 
Chas.  E.  Scott. 
Geo.  T.  Rodgers. 
B.  M.  Marlin. 
J.  L.  Patterson. 
Wm.  Campbell,  Jr. 
H.  Bennett. 
Geo.  A.  Guernsey. 
James  Stott. 

A.  Keller. 
M.  H.  Horn. 
G.  M.  Tustin. 
John  S.  Mcllvaine. 

B.  T.  Hall. 

I.  W.  Slokom. 
G.  W.  Arnold. 
Wm.  H.  Dill. 
John  W.  Thompson. 
Simon  C.  May. 
F.  R.  Nichols. 
J.  S.  McCaleb. 
Wm.  McDennott. 
F.  E.  Mulkie. 


PAID  rp 

CAPITAL. 

$350,000 

500,000 

150,000 

55,000 

75,000 

18,000 

60,000 

17,100 

100,000 

90,000 

23,000 

450,000 

50,000 

100,000 

75,000 

300,000 

80,000 

50,000 

100,000 

100,000 

100,000 

92,230 

50,000 

50,000 

80.000 

60,000 

0,000 

50,000 

110,000 

100,000 

500,000 

50,000 

260,000 

300,000 

50,000 

100,000 

100,000 

300.000 

500,000 

50,000 

50,000 

150.000 

ioo;ooo 


PENNSYLVANIA. 


689 


PLACE.  NAME   OF    BANK. 

Coiidersport  Bank  of  Condersport 

Curwensville  Curwensville  Bank 

Danville  Danville  National  Bank 

Dillsburjf  Dillsburg  National  Bank 

Downington  Downington  National  Bank 

Doylestown  Doylestown  National  Bank 

Du  Bois  First  National  Bank 

Duke  Centre  Duke  Centre  Bank 
East  Greenville  Perkionien  National  Bank 

Easton  East  National  Bank 

Ebensburg  Johnston,  Buck  &  Co 

Edinboro'.  Edinboro'  Savings  Bank 

Eldred  Eldred  Bank 

Elizabethtown  Elizabethtown  Nat  Bank 


Emlenton  Bank 
First  National  Bank 
Ephrata  National  Bank 
Second  National  Bank 
Foxburg  Bank 
First  National  Bank 
P.  Bentel  «fe  Co 
Freeport  Bank 
Gap  National  Bank 
First  National  ]iank 


Emlenton 

Emporium 

Ephrata 

Erie 

Foxburg 

Franklin 

Freedom 

Freefort 

Gap 

Gettysburj. 

Glen  Rock 

Greencastle  "            "          " 

Greensburg  "             "           " 

Greenville  "             "           " 

Halifax  Halifax  Bank 

Hamburg  Hamburg  Savings  Bank 

Hanover  First  National  Bank 

Harrisburg  Harrisburg  National  Bank 

Harrison  Valley  Wilmot,  Strang  <fc  Co 

Hatboro  Hatboro  National  Bank 

Hazleton  Markle  Bros.  &  Co 

Holidaysbuig  First  National  Bank 

Honesdale  Honesdale  National  Bank 

Hummelstown  Hummeltown  Nat  Bank 

Huntingdon  First  National  Bank 

Indiana  "             "           " 

.lenkintown  Jenkintown  National  Bank 

Jersey  Shore  Jersey  Shore  Banking  Co 

Johnstown  First  National  Bank 

Jonestown  Jonestown  Bank 

Kennet  Square  Nat  B'k  of  Kennet  Square 

Kittaning  Farmers'  National  Bank 

Lancaster  "                 "           " 

Langhorne  Peoples'  National  Bank 

Lansdale  First  National  Bank 

Lebanon  Lebanon  National  Bank 

Lehighton  Fiist  National  Bank 

Lewisburg  Lewisburg  National  Bank 

Lewistown  Mifflin  County  Nat  Bank 

Lincoln  Lincoln  National  Bank 

Linesville  Lincsville  Savings  Bank 

Lititz  Lititz  National  Bank 

Littlestown  liittlestown  Sav'gs  Institu'n 

Lock  Haven  First  National  Bank 


CASHIER. 

W.  K.  .Tones. 
A.  E.  Patton. 
David  Clark. 
(t.  W.  Cook. 
Joseph  K.  Downing. 
J.  J.  Brock, 
31.  W.  Wise. 
W.  I).  Singleton. 
John  N.  Jacobs. 
Wm.  Hackett,  Jr. 

A.  W.  Buck. 
F.  A.  Temple. 
P.  O.  Heasley. 

I.  S.  Longenecker. 
J.  W.  Rowland. 
Samuel  H.  Storrs. 
M.  li.  Weidman. 
C.  F.  Allis. 
Major  R.  Morgan. 

F.  W.  Officer. 
C.  H.  Bentel. 

C.  M.  Ludwick.' 

B.  M.  Herr. 
R.  Bell. 
Henry  Seitz. 
John  H.  Shook. 
John  Zimmerman. 
Calvin  R.  Beatty. 
Chas.  W.  Ryan. 
J.  J.  Miller. 

J.  H.  Alleman. 
J.  Uhler. 

James  Van  Honi. 
N.  C.  Yost. 
Wm.  H.  Gardner. 
E.  F.  Torrey. 
John  J.  Nissley. 
S.  R.  Shunmaker. 
W.  J.  Mitchell. 
Andrew  H.  Baker. 
Robert  A.  Sebring. 
Howard  J.  Roberts. 
H.  C.  Philips. 

D.  D.  Philips. 

Geo.  AV.  Doverspike. 

C.  A.  Fon  Dersmith. 

G.  Mitchell. 
Chas.  S.  Jenkins. 
Jas.  M.  Go.ssler. 
W.  TV.  Bowman. 
David  Reber. 
David  E.  Robeson. 

E.  F.  Baird. 
S.  ir.  Wilson. 
N.  S.  Wolle. 

James  A.  LeFevrc. 
M.  Fredericks. 


PAID  CP 
CAPITAL. 

10,000 

100,000 
200,000 

(50,000 
100,000 
105,000 

50,000 

50,000 
100,000 
500.000 

:50,000 

5,000 

100,000 

100,000 

25,000 

50,000 
125,000 
300.000 
100,000 
100,000 

25,000 

46,000 

50,000 
100,000 

75,000 
100,000 
100,000 
125,000 

27,900 

50,000 
300,000 
300,000 

20,000 

52,000 
100,000 

50,000 
300,000 

50,000 
100,000 
200,000 
100,000 

00,000 
100,000 

50,000 
100,000 
100,000 
450,000 

50,000 
100,000 
200,000 

75,000 
100,000 
100,000 

60,000 

50,000 
105,000 

50,000 
180.000 


690 


PENNSYLVANIA. 


PLACE. 

Lykens 

Mahanoy  City 

Malveni 

Manheim 

Marietta 

Martinsburg 

Maucli  Chunk 

McKeesport  "  "  " 

Meadville  Merchants'  National  Bank 

Mechanicsburg  First  National  Bank 

Media  "  "  " 

Mercer 

Myersdale 

Middletown 

Mifflinburg 

Mifflintown 

Millersburg 

Mills 

Milton 

Minersville  "  "  " 

Monongaliela  City  Alexander  &  Co 
First  National  Bank 
Mt.  Carniel  Savings  Bank 
First  National  Bank 


^     NAME   OF   BANK. 

Miners'  Deposit  Bank 
First  National  Bank 
National  Bank  of  Malvern 
Manheim  National  Bank 
First  National  Bank 
Martinsburg  Deposit  Bank 
First  National  Bank 


Farmers'  Bank 
Nat  Bank  of  Middletown 
Miffliubui-g  Bank 
Juniata  Valley  Bank 
First  National  Bank 
Potter  County  Bank 
First  National  Bank 


Montrose 

Mt  Carmel 

Mt  Joy 

Mt  Pleasant  "  "  " 

Muncy 

Myerstown         Myerstown  Bank 

New  Betlilehem  New  Bethlehem  Sav  Bk 

New  Brighton  Nat  Bank  of  New  Brighton  C.  M,  Merrick. 

New  Castle        First  National  Bank  Roy  S.  Foltz. 

New  Holland  Nat  Bank 

People's  Bank 

First  National  Bank 


CASHIER. 

F.  H.  Voss. 
Wm.  L.  Yoder. 
Chas.  C.  Highley. 
H.  C.  Gingrich. 
Amos  Bowman. 
W.  S.  Nicodemus. 
A.  W.  Butler. 
Jas.  S.  Kuhn. 
Jas.  E.  McFarland. 
A.  C.  Brindle. 
J.  W.  Hawley. 
Chas.  S.  Burwell. 
S.  D.  Livengood. 
D.  W.  Stehman. 
J.  W.  Lincoln. 
T.  y.  Irwin. 
J.  H.  Kahler. 
O.  W.  Strang. 
John  M.  Caldwell. 
Robt.  F.  Potter. 

D.  11.  Lathrop. 
Wm.  Scliwenk, 
Andrew  Gerber. 
Henry  Jordan. 
De  La  Green. 
Geo.  H.  Horst. 
J.  R.  Foster. 


New  Holland 
Newport 
Newton 
Newville 
Norristown 
North  East 
Oil  City 
Oxford 


Jas.  Diller. 
P.  K.  Brandt. 
Samuel  C.  Case. 
"  "  "  J.  B.  Davidson. 

"  Geo.  Shannon. 

Peoples'  Sav.  Ins.  of  Erie  Co  B.  C.  Spooner. 
First  National  Bank  J.  M.  Beriy. 

National  Bank  of  Oxford      J.  E.  Ramsey. 


Parker's  Land'g  Exchange  Bank 


Parkersburg 

Parnassus 

Pennsburg 

Philipsburg 

Phoenixville 

Philadelphia 

Pittsburgh 

Pittston 

Pleasantville 

Plymouth 

Port  Royal 

Pottstown 

Pottsville 


Parkersburg  National  Bk 

Parnassus  Bank 

Farmer's  National  Bank 

Philipsburgh  Banking  Co 

Farmers'  &  Mechanics'  Nat  B'k  J.  T.  F.  Hunter. 

Nat  Bank  of  the  Republic  Joseph  P.  Mumford, 


R.  M.  Moore, 
M.  F.  Hamil. 
Alex.  W.  Logan. 
B.  F.  Leidy. 
O.  P.  Jones. 


Exchange  National  Bank 
First  National  Bank 
Pleasantville  Bank 
First  National  Bank 
Port  Royal  Branch  Bank 
Nat  Bank  of  Pottstown 
Penna  National  Bank 


Punxsutawnoy  First  National  Bank 


Andrew  Long. 
W.  L.  Watson. 
D.  W.  Henderson. 
J.  W.  Chemberlin. 
Wm.  C.  Pomeroy. 
Horace  Evans. 
D.  L.  Kreabs. 
Jas.  H.  Maize. 


Quakertown  Quakertown  National  Bank  Chas.  C.  Ilaring,  .Jr. 

Quarryville  Quarryville  National  Bank    A.  S.  Harkness. 

Reading  Farmers'  National  Bank 

Reynoldsville  Seeley  &  Alexander 

Ridgway  Elk  County  Bank 

Rochester  First  National  Bank 


Cyrus  Rick. 

W.  B.  Alexander. 

M.  S.  Kline. 

W.  S.  Shallenberger. 


PAID  UP 
CAPITAL. 

50,000 

80,000 

50,000 

150,000 

100,000 

25,000 

400,000 

67,000 

100,000 

100,000 

100,000 

120,000 

35,000 

100,000 

64,000 

41,500 

100,000 

10,000 

100,000 

50,000 

150,000 

50,000 

30,000 

125,000 

150,000 

100,000 

50.000 

75,000 

100,000 

150,000 

125,000 

15,000 

100,000 

100,000 

150,000 

76,385 

100,000 

125,000 

12,000 

50,000 

10,000 

75,100 

75,000 

,  150,000 

500,000 

1,200,000 

500,000 

25,000 

100,000 

41,500 

300,000 

200,000 

50,000 

100,000 

60,000 

400,020 

10,000 

50,000 

50.000 


J 


PENNSYLVANIA. 


691 


FLACE. 

Saltsburg 

Sandy  Lake 

Schwenksville 

Scranton 

Selins  Grove 

Sellersville 

Shamokin 

Sharon 

Sharpsburg 

Shenandoah 

Shippensburg- 

Shrewsbury 

Slatington 

Souderton 

Spring  City 

Strasburg 

Stroudsburg 

Sunbury 

Susquehanna 

Taniaqua 

Tidioute 

Titusville 

Topton 

Towanda 

Troy 

Tuukhannock 

Tyrone 

Uniontown 

Warren 

Washington 

Waterford 

AVatsoutown 

Waynesboro 

Waynesburg 

Wellsborough 

West  Chester 

West  Grove 

White  Haven 

Wilcox 

Wilkes-Barre 

Williamsburg 

Williamsport 

AVrightville 

York 

Youngsville 

Zelienople 


NAMK   OF    BANK. 

Saltsburg  Bank 
Sandy  Lake  Bank 
Nat  Bk  of  Schwenksville 
First  National  Bank 

Sellersville  Nat  Bank 
First  National  Bank 
Sharon  National  Bank 
Farmers'  &  ^Mechanics"  Bk 
First  National  Bank 

Shrewsbury  Sav  Inst'n 
Nat  Bank  of  Slatington 
Union  National  Bank 
Nat  Bk  of  Spring  City 
Fii-st  National  Bank 
Strt)udsburg  Nat  Bank 
First  National  Bank 


Tidioute  Savings  Bank 
Hyde  National  Bank 
Topton  National  Bank 
Citizens'  National  Bank 
Pomeroy  Bros 
Wyoming  National  Bank 
Blair  County  Banking  Co 
First  National  Bank 


Benson  &  Brotherton 
Watsontown  Nat  Bank 
First  National  Bank 
Farmers'  &  Drovers'  Bk 
First  National  Bank 

Nat  Bank  of  West  Grove 
White  Haven  Sav'gs  Bk 
J  L  Brown 

Second  National  Bank 
Williamsburg  Bank 
First  National  Bank 

(.  a  a 

York 

Youngsville  Savings  Bank 

Amos  Lusk  &  Sou 


PAID  UP 

CASHIER. 

CAPITAL. 

D.  S.  Robinson. 

50,000 

M.  L.  Zahniser. 

43,000 

John  (t.  Prizer. 

100,000 

J.  A.  Linen. 

200,000 

C.  B.  North. 

100,000 

Chas.  R.  Altiiouse. 

75,000 

Geo.  C.  Graeber. 

100,000 

M.  Zahniser. 

200,000 

Robt.  :\r.  Coyle. 

50,000 

John  R.  Leiseuring. 

100,000 

J.  D.  Gessaman. 

75,000 

A.  D.  Collins. 

15,000 

AVra.  H.  Gish. 

75,000 

J.  C.  Landis. 

90.000 

John  T.  Eachcs. 

200,000 

Geo.  W.  Hensel,  Jr. 

80,000 

John  S.  Fisher. 

100.000 

S.  J.  Packer. 

200.000 

M.  B.  Wright. 

100,000 

Thomas  IL  Carter. 

150,000 

A.  W.  Couse. 

24.000 

W.  C.  Hyde. 

500,000 

James  M.  Slifer. 

50.000 

George  W.  Buck. 

150,000 

S.  B.  Aspinwall. 

150,000 

F.  W.  De  Witt. 

100.000 

Robert  A.  McCoy. 

60,000 

J.  V.  Thompson. 

100,000 

]M.  Beecher. 

100,000 

James  Mcllvaine. 

150,000 

P.  M.  Carhart. 

14,000 

G.  W.  Rombach. 

60,000 

•John  Phillips. 

75,000 

W.  T.  Lautz. 

150,000. 

J.  M.  Robinson. 

100,000 

200.000 

Walter  W.  Brown. 

50,000 

S.  Maguirc. 

12,500 

10,000 

E.  W.  Mulligan. 

450,000 

John  Clark. ' 

27,000 

W.  H.  Sloan. 

284,950 

Geo.  K.  Schenberger. 

150,000. 

George  H.  Sprigg. 

500,000 

John  i\..  Jackson. 

20.000. 

20.000 

STATE  OF 

RHODB    ISLAND. 

SUMMARY  OF 

CoLivKCTioN    Laws. 

CouKT  Calendar,  Instkuctions  for  taking  Depositions,  Legal  Forms,  Ktc, 

Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "  Showers' 

Legal  Directory  and  Merchants'  Guide,"  for  1888.  by 

Harrison  A.  McKenney,  of  the  Providence  Bab. 

Acknowledgments.— (-See  Deeds.) 

Actions. — Where  brought.  Actions  at  law  or  in  equity  which  concerm 
realty  must  be  brought  in  the  county  in  which  the  land  lies.  Other  actions- 
must  be  brought  in  the  county  where  some  one  of  the  parties,  either 
plaintiff  or  defendant  resides,  or  where  one  of  the  defendants  is  found.  If 
none  of  the  parties  dwell  in  the  state  the  action  may  be  brought  in  any 
county 

A  corporation  is  located  either  by  its  charter  or  where  its  annual  meetings- 
are  held. 

Actions  on  promissory  notes  by  indorsee  must  be  brought  in  the  county 
where  action  should  have  been  brought  if  no  indorsement  had  been  made. 

What  survive. — Actions  and  causes  of  actions  of  waste,  of  replevin,  of 
trover,  of  trespass,  and  trespass  on  the  case,  for  damages  to  the  person  or  to- 
real  or  personal  estate  survive  the  death  of  the  parties  in  addition  to  those 
which  survive  at  common  law.  Actions  of  ejectment  are  not  abated  by  tho- 
death  of  a  party. 

The  executor  or  administrator,  whether  appointed  within  or  without  the 
state,  may  sue  for  benefit  of  widow  and  next  of  kin,  but  where  there  is  a 
widow  only  she  may  at  her  option  sue  in  her  own  name.  A  like  action  in 
like  manner  and  eftect  lies  also  for  the  benefit  of  the  widow  or  husband  and 
next  of  kin  of  deceased  against  a  person  in  all  cases  where  death  is  the  re- 
sult of  such  wrongful  act  of  such  person  as  would  have  given  a  cause  of 
action  at  common  law. 

Any  one  injured  by  the  intoxication  of  another  has  a  right  of  action 
against  any  person  who  has  contributed  to  the  intoxication  by  selling  or 
giving  intoxicating  liquor,  without  being  required  to  give  surety  for  costs.. 
(See  also  Practice,  Limitation  of  actions,  JReplevin,  and  Fraud,  Statute  of. ) 

Administration  of  Estates  of  Deceased  Persons.— The  courts.— Except 
in  those  towns  which  choose  to  elect  a  probate  judge,  the  town  councils  ar& 
courts  of  probate,  except  in  the  city  of  Providence  where  the  Municipal 
court  is  given  probate  jurisdiction.  Appeals  must  be  claimed  within  iorty 
days  after  the  entry  of  the  order  or  decree  appealed  from  to  the  supreme 
court,  which  has  appellate  jurisdiction. 

Courts  of  probate  have  jurisdiction  to  take  probate  of  wills,  to  grant 
letters  of  administration  where  the  deceased  at  the  time  of  death  was  an  in- 
habitant   or   resident  in  the    town,   or  non-resident  of   the  state     leaviiiii 


RHODE  ISLAND.  693 

>estate  to  be  administered  within  the  town.  Also  to  appoint  gnardians  of 
persons  or  of  estates  of  persons  resident  in  the  town,  to  empower  adminis- 
trators and  guardians  to  sell  real  estate.  Also  to  set  out  dower  and  make 
partition  of  real  estate  by  metes  and  bounds. 

The  husband  surviving  his  wife  deceased  intestate  is  entitled  to  adminis- 
tration of  her  personal  estate  without  bond  except  to  pay  her  debts. 
Administration  of  the  personal  estate  of  a  husband  deceased  intestate  is 
granted  to  the  wife  first  or  next  of  kin,  being  a  suitable  T)erson,  but  a  bond, 
inventory  and  an  account  are  required.  And  if  they  do  not  apply  for 
administration  within  thirty  days  after  death,  priority  of  claim  to  appoint- 
ment is  lost.  A  person  non-resident  of  the  state  may  be  appointed 
administrator  in  it  upon  cause  shown  and  bond  with  resident  sureties  given. 
The  last  will  of  any  person  absent  from  the  state  three  years  without  due 
proof  of  being  alive  may  be  probated  and  adminstration  granted  on  his 
estate  as  if  he  was  dead. 

Marriage  vacates  the  office  of  executrix  or  administratrix  and  administra- 
tion does  not  pass  to  the  husband. 

Administrators  must,  under  oath,  within  three  months  after  appointment 
return  to  the  probate  court  inventories  of  the  property  in  their  liands  as 
valued  by  appraisers  appointed  by  the  court. 

In  addition  to  her  dower  the  widow  may  have  setoff  to  her  such  portion  of 
the  personal  property  and  real  estate  as  the  court  may  judge  necessary. 

Debts  secured  by  mortgage  of  real  estate  before  foreclosure  are  personal 
property  for  purposes  of  administration. 

Insolcent  Estates. — When  an  estate  is  represented  insolvent  the  probate 
-court  appoints  three  commissioners  before  whom  all  creditors,  except  for 
expenses  of  administration,  debts  due  the  United  States,  funeral  charges, 
jittendance  and  medicine,  debts  due  the  state  and  state  and  town  taxes, 
which  are  preferred  in  the  order  named,  must  appear  and  prove  their 
claims  within  six,  twelve  or  eighteen  months  as  the  court  may  direct,  and 
;it  the  end  of  which  time  tlie  commissioners  report  the  claims  with  their 
<lecision.  Creditors  whose  claims  arc  disallowed,  in  whole  or  in  part,  may 
sue  at  common  law  by  giving  notice  to  the  court  of  probate,  after  the  report 
is  filed  within  forty  days,  and  commencing  action  within  sixty  days.  If  the 
i-xecutor  or  administrator  is  dissatisfied  with  the  allowance,  he  may,  by 
giving  notice  thereof  within  forty  days  in  the  office  of  the  clerk  of  the  pro- 
bate court  and  also  to  the  creditor,  have  the  claim  stricken  out,  whereupon 
the  claimant  may,  witliin  sixty  days  after  notice  thereof,  sue  at  common  law 
the  same  as  if  his  claim  had  been  wholly  or  in  part  rejected  by  the  commis- 
sioners. In  case  any  other  creditor  or  person  entitled  to  distribution  shall  be 
•dissatisfied  with  the  allowance  of  any  claim  he  may  appeal  to  the  supreme 
court.     (See  Limitation  of  Actions.) 

Distribution. — The  surplus,  after  debts  and  exjHmses  of  administration  are 
})aid,  is  distributed  one-half  to  the  wife  and  one-half  to  the  next  of  kin  of  the 
intestate,  if  there  be  no  children  :  and  one-third  to  the  wife  and  two-thirds  to 
the  children  or  their  descendants  if  any  there  are. 

If  the  intestate  be  a  married  woman  the  whole  of  her  personal  estate  goes 
to  the  husband  as  administrator  without  account. 

Affidavits — May  be  taken  before  any  magistrate  within  the  state,  ami 
before  any  commissioner  a])poiuted  by  the  governor  within  the  state  or 
■county  described  in  the  commission.  No  particular  form  is  provided  or 
adopted.  Proof  of  the  official  character  of  the  officer  before  whom  an  affida- 
vit or  acknowledgement  is  taken  out  of  the  state  is  seldom  called  for.  and 
never  with  notice.  The  courts  have  usually  received  affidavits  made  out 
i)f  Rhode  Island  before  magistrates  authorized  to  take  depositions. 

Aliens. — May  take,  hold  and  transmit  title  to  real  estate  in  same  way  and 
A">>  same  eft'ect  as  native  born  citizens. 


«94  RHODE  ISLAND. 

But  a  foreign  born  citizen  cannot  vote  or  hold  office  unless  he  is  owner  of 
real  estate  of  the  value  of  one  hundred  and  thirty-four  dollars,  or  of  real 
estate  which  shall  reut  for  seven  dollars  per  annum  over  and  above  any 
rent  reserved,  and  the  interest  of  any  incumbrance  thereon. 

Appeals. — (See  courts.    Administrators,  &c.) 

Arrest. — From  the  supreme,  common  pleas,  and  district  courts  original 
writs  of  arrest  may  be  issued  against  persons  not  exempt  by  law  from  arrest. 
In  actions  (1)  for  the  recovery  of  a  debt,  or  state,  or  town  taxes  where  the 
cause  accrued  prior  to  July  1st,  1870;  (2)  on  penal  statutes,  of  trover,  of 
detinue,  trespass,  trespass  on  the  case,  trespass  and  ejectment,  trespass 
quare  clausum  f regit,  and  scire  facias  against  bail  in  criminal  cases:  (o) 
whenever  the  plaintiff  his  agent  or  attorney  shall  make  affidavit  endorsed 
on  or  annexed  to  the  writ  that  the  plaintiff  has  a  just  claim  against  the  de- 
fendant upon  which  the  plaintiff  expects  to  recover  a  sum  sufficient  to  giv& 
jurisdiction  to  the  court  to  which  the  writ  is  returnable  (coupled  with 
either)  that  the  defendant  or  some  one  of  the  defendants  is  about  to  leave 
the  state  without  leaving  therein  real  or  personal  estate  whereon  an  execu- 
tion that  may  be  obtained  in  the  action  can  be  served,  (or)  that  the  defend- 
ant or  some  one  of  the  defendants  has  committed  fraud  in  contracting  the 
debt  upon  which  the  action  is  founded,  or  in  the  concealment  of  his  property 
or  in  the  disposition  of  the  same  :  provided  that  whenever  an  arrest  shall  be 
made  in  this  last  class  (3)  the  court  to  which  the  writ  is  made  returnable,  or 
any  justice  thereof,  may  by  order  upon  ai)plication  of  any  defendant  so 
arrested  and  for  cause  shown  upon  hearing  the  parties  therein  release  such 
defendant  from  such  arrest  and  discharge  the  bail,  if  any,  taken  thereon, 
but  such  release  and  discharge  does  not  abate  the  writ  which  may  be 
I)rosecuted  to  find  judgment  as  if  no  release  and  discharge  had  been 
granted. 

And  when  action  has  been  commenced  by  writ  of  summons  a  writ  of 
mesne  process  commanding  arrest  may  be  issued  at  any  time  before  final 
judgment  upon  affidavit  as  in  foregoing  class  3. 

After  judgment  executions  issue  as  of  course  running  against  goods  and 
chattels  and  real  estate  of  the  defendant  and  for  want  thereof  against  his 
body  in  above  classes  1  and  2  and  in  class  3  when  arrested  on  original  w^rit 
or  mesne  process,  unless  defendant  has  been  released  by  the  court  as  pro- 
vided :  and  also  in  class  3  which  in  fact  provides  for  recovery  of  debts  arising 
out  of  contract,  when  the  action  has  been  commenced  by  summons  and 
after  judgment  it  shall  be  made  to  appear  to  the  court  that  the  defendant 
is  in  the  condition  described  in  the  affidavit  required  in  class  3. 

No  female  shall  be  arrested  on  original  writ  in  any  action  founded  oiv 
contract. 

No  person  entitled  to  vote  shall  be  liable  to  arrest  upon  any  civil  proceed- 
ing on  election  days  or  on  the  day  proceeding  or  following. 

No  officer,  non-commissioned  officer  or  private  shall  be  arrested  on  civil 
process  while  going  to,  coming  from  or  remaining  at  any  ])lace  which  he 
shall  have  been  oixlered  to  attend  for  the  election  of  any  military  officer  or 
the  performance  of  any  military  duty. 

A  debtor  imprisoned,  or  one  liable  to  be  arrested  on  execution,  may  apply 
to  any  justice  of  the  peace  for  the  privilege  of  the  poor  debtor's  oath,  and. 
the  justice  granting,  on  making  a  general  assignment  for  the  benefit  of  his 
creditors  may  be  admitted  to  take  the  oath  and  then  discharged  or  protected 
from  arrest  :  and  there  is  no  appeal  from  the  decision  of  the  justice. 

Assignments — Of  insolvent  debtors  are  void  with  preferences  except  as 
the  statutes  provifle,  for  which,  and  other  particulars  see  Insolvent  Laws. 
Of  future  earnings  are  not  valid  except  between  parties  thereto  until  re- 
<'orded  in  the  town  where  the  assignor  resides,  or  if  he  be  non-resident  of  the 
state,  in  the  town  where  employed  in  the  state.  {See  Attachments.  See 
J /I  solvent  Laws,  and  Proof  of  Claims.) 


RHODE  ISLAND.  695 

Attachments. — An  orifjinal  writ  (ami  when  action  has  been  couinienced 
by  oiuniuuiis  a  writ  ol"  mesne  process)  will  be  issued  by  the  supreme, 
commou  pleas  or  district  court  to  attach  the  real  or  peisonal  estate  of  the 
defendant,  includin<j;  his  x)ersonal  estate  in  the  hands  or  ])()ssession  of  an- 
other person  as  trustee  of  the  defendant,  and  his  stock  or  shares  in  any 
banking  association  or  other  incorporated  company  (or  of  one  or  more  of 
said  classes  of  property),  when  the  lilaiutilf,  his  ayent  or  attorney,  shall 
make  affidavit  endorsed  on  or  annexed  to  the  writ  that  the  ]jlaintiffhas  a 
just  claim  against  the  defendant  that  is  due,  upon  which  he  expects  to  re- 
cover a  sum  sufficient  to  give  jurisdiction  to  the  court  to  which  the  writ  is 
returnable  (and  also  either)  that  the  defemlant  is  on  incorporated  eomijany 
established  out  of  the  state,  (or)  that  he  resides  out  of  the  state,  or  that  he 
has  left  the  state  and  is  not  expected  by  the  affiant  to  return  within  the 
same  in  season  to  be  served  with  process  returnable  to  the  next  term  of  such 
court  (or)  that  the  defendant  or  some  one  of  the  defendants  has  committed 
fraud  in  contracting  the  debt  upon  which  the  action  is  founded  or  in  the 
concealment  of  his  property  or  in  the  disposition  thereof  (or)  that  since  the 
contraction  of  such  debt  the  defendant  has  been  the  owner  of  property  or  in 
the  receipt  of  an  income  which  he  has  refused  or  neglected  to  apply  towards 
the  payment  thereof  though  requested  by  the  i)laintifi"  so  to  do. 

But  no  attachment  can  be  made  in  a  tort  action,  nor  can  an  attachment 
issue  upon  a  debt  not  matured. 

The  officer  before  making  an  attachment  may  require  for  his  protection 
bond  w"ith  sufficient  surety  in  double  the  value  of  the  proj^erty  attached, 
and  if  bond  is  given  and  the  suit  fails  or  the  property  does  not  belong  to  the 
debtor,  the  liability  is  for  the  return  of  the  propertj"^  (or  payment  of  its 
valvie)  and  damages  if  any  Avith  interest.     (See  insoloent  Imcs.) 

Bills  of  Exchange  and  Promissory  Notes.— Kules  and  usages  of  com- 
mercial law  govern.  Three  days  of  grace  allowed  on  bills  draw'u  at  sight 
due  and  payable  in  the  the  state,  in  which  there  is  not  a  jjrovision  to  the 
contrary.  If  the  third  day  of  grace  be  Sunday  or  a  holiday,  paymi'ut  must  be 
made  on  the  day  preceding.  Legal  holidays  are  the  4th  of  July,  Christmas, 
22d  of  February,  30th  of  May,  or  if  either  fall  on  Sunday,  the  day  following, 
and  such  day  of  thanksgiving  or  solemn  fast  as  maybe  appointed  by  the  gov- 
ernor, general  assembly,  the  president  or  congress.  Any  person  u]>on  whom  a 
bill  of  exchange  or  draft  is  drawn  which  recpiires  acceptance  shall  have  until 
two  o'clock  in  the  afternoon  of  the  business  day  next  succeeding  thv  tirst 
presentation  thereof  in  which  to  decide  whether  or  not  he  will  accept  the 
same  :  provided  however  that  all  bills  of  exchange  or  draft  which  may  l)e 
for  cause  held  over  one  day  shall,  when  accepted,  date  from  day  of  presenta- 
tion. 

Indorsers  on  commercial  paper  are  holden  on  notice  from  notary  public  in 
accordance  with  the  usage  of  merchants. 

Commercial  paper  coming  due  by  its  terms  on  a  holiday  is  payable  on  a 
secular  day  next  preceding,  and  may  be  protested  for  non-i)ayment  if  not 
paid  on  such  preceding  day.  "Whenever  an  inland  bill  of  exchange  drawn  or 
indorsed  within  the  state  for  the  payment  of  any  sum  of  money  without  the 
state  is  returned  protested,  the  drawer  or  indorser  is  liable  to  pay  five 
per  cent,  damages  thereon  and  charges  of  protest  and  interest  at  six  per 
cent,  per  annum  from  date  of  protest. 

A  corporation  may,  by  any  authorized   agent,  make  a  promissory  note  to 
any  other  person   or  body   corporate,    and  such  note,    if  for  the  payment  o 
money  only  and  made  to  order  or  bearer,   is  negotiable  as  bills  of  exchange 
are. 

Bills  of  Lading. —  Warefiouse  Receipts. — Every  person  entrusted  with, 
and  in  the  iJossession  of  goods  fcjr  the  purpose  of  sale,  or  any  bill  of 
lading,  receipt  or  certificate  of  a  warehovise  keeper  or  inspector,  or  of  any 
warrent,  or  order  for  the  delivery  of  goods,  shall  be  deemed  the  true  owner 
of  the  goods  so  by  him  possessed  or  described  in  either  of  said  instrument.s,  in 


696  RHODE  ISLAND. 

favor  of  tlie  purchaser  or  pledgee  of  siicli  goods  for  money  or  negotiable 
security,  provided  sucli  purchaser  or  pledgee,  at  the  time  of  payment  or 
advance  as  aforesaid,  shall  have  had  no  notice  or  knowledge  that  the  pos- 
sessor of  such  goods  or  instrument  was  not  the  true  owner  of 
such  goods  by  him,  possessed,  or  in  such  instrument  described. 

Nothing  in  the  preceding  section  shall  be  so  contrued  as  to  authorize 
a  common  carrier,  warehouse  keeper  or  other  person  to  whom  merchan- 
dise or  other  property  may  have  been  committed  for  transportation  or 
storage  only,  to  sell  or  pledge  the  same,  nor  shall  any  person  taking  in  deposit 
or  pledge  merchandise  or  goods  described  in  either  of  the  instruments  therein 
mentioned  from  any  agent  for  sale,  warehouse  keeper  or  inspector,  for  an 
antecedent  debt,  be  entitled  to  any  greater  interest  in  such  goods  or  instru- 
ment than  was  possessed  by  such  agent,  warehouse  keeper  or  inspector  at  th<^ 
time  of  such  deposit  or  jiledge.     (Pub.  Stat,  chaji.  136. ) 

Chattel  Mortgages. — Ko  mortgage  is  good  against  the  purchaser,  or  at- 
taching creditor  unless  recorded,  or  the  mortgagee  is  in  possession,  or  can 
prove  actual  notice.  Record  is  necessary  in  office  of  the  clerk  of  the  town 
where  the  mortgagor  resides  if  he  resides  in  this  state  ;  otherwise  in  the 
town  where  the  property  is  located. 

Foreclosure  is  usually  by  sale  under  powers  in  the  mortgage  but  may  be 
effected  in  equity  or  by  possession  for  sixty  days  after  Ijreach  of  condition  ; 
and  redemtion  may  be  eflected  in  equity  or  within  said  sixty  days  if  pro- 
perty has  not  been  sold  in  the  meantime  under  power  in  the  mortgage  ;  and 
in  case  of  such  a  sale  at  auction  the  mortgagee  may  become  a  purchaser  if 
he  has  given  notice  in  the  advertisement  of  sale  of  his  intention  to  bid. 

Claims  against  Decedents' Estate. — [See  Adminutration.) 

Corporations,  Domestic  and  Foreign. — Domtstic — Exist  only  by  special 
charters  granted  bj'^the  general  assembly  ;  and  the  state  constitution  requires 
that  petitions  for  a  charter  presented  to  either  branch  of  the  assembly, 
except  for  a  corporation  for  religious,literary  or  charitable  purposes,  or  for  a 
military  or  fire  company,  sliall  be  continued  until  anothor  election  of  members 
of  the  general  assembly  shall  have  taken  place  and  such  public  notice  of  the 
pendency  thereof  shall  be  given  as  may  be  required  by  law  ;  hence  such 
petitions  are  usually  jj resented  at  the  January,  and  acted  on  at  the  May 
session. 

Upon  the  issue  of  every  charter  a  tax  or  fee  is  required  to  be  paid  to  the 
state,  amounting  to  one  hundred  di>llars,  and,  in  addition,  one  tenth  of  one 
per  cent,  upon  the  excess  of  authoj'ized  capital  over  one  hundred  thousand 
dollars,  and  an  additional  fee  of  one  per  cent,  is  required  to  be  paid  upon  any 
increase  of  capital. 

For  general  provisions  resjiecting  corporations,  their  powers,  organization, 
etc.,  see  Public  Statutes,  chap.  152. 

Every  corporation  created  under  the  authority  of  this  state  shall  have  a 
place  of  business  within  this  state  and  shall  have  a  clerk,  treasurer  or  other 
agent,  who  shall  reside  therein  and  records  of  transfers  of  stock  shall  be 
made  and  kept  within  tlie  state,  and  the  recording  officer  shall  reside  within 
the  state  and  removal  vacates  his  office. 

Stock  is  personal  proi>erty  unless  otherwise  provided  by  charter. 

Banks,  insurance  companies  and  railway  corporations  are  subject  to 
special  provisions. 

Foo'eign  Corporations — Before  engaging  in  transportation  of  goods,  wares, 
merchandise  or  parcels  within  this  state  are  retpiired  to  file  in  the  office  of 
secretary  of  state,  a  certified  copy  of  their  charter  and  a  power  of  artorney. 
authorizing  some  citizen  of  this  state  to  accept  service  of  process  for 
tliem. 

Foreign  insurance  companies,  and  foreign  surety  companies  are  re<iuire(l  to 
executt^  such  powers  of  attorney  to  the  insurance  commissioner. 


RHODE  ISLAND.  697 

Agents  of  foreign  insurance  companies  and  telegrajth,  telephone  and  ex- 
press companies  doing  business  in  this  state,  are  retiuired  under  penalties 
to  make  annual  returns  and  to  pay  annual  taxes  ujjon  their  receipts. 

Costs,  security  for. — In  civil  actions,  where  the  i)laintiff  is  not  an  inhabit- 
ant of  this  state,  he  shall  upon  motion  of  any  defendant  in  the  action, 
at  tlie  first  term  of  tlie  court  to  which  the  writ  is  returnable,  give  some  suf- 
ficient person  residing  within  this  state,  as  surety  for  costs.  The  case  is 
dismissed  upon  neglect  to  comply  with  tlie  onler  of  the  court  for  surety. 

Courts. — Terms  and  jurisdictions  of: 

Tlie  ivpreme  court  is  composed  of  a  chief  justice  and  four  associate 
Justices,  and  two  judges  form  a  quorum  for  all  purposes,  and  one  judge  is  a 
(luoi'um  for  all  puri)oses  except  for  the  trial  of  petitions  for  new  trials, 
■demurrers,motions  in  arrests  of  judgment,  making  final  decrees  in  equity,and 
indictments  for  any  crime  ijunishable  by  imi)risonmeut  for  life. 

It  lias  sole  jurisdiction  in  equity  and  in  petitions  ft)r  divorce,  separate 
maintenance,  alimony,  and  the  custody  of  children  ;  and  exclusive  authority 
to  issue  writs  of  error,  certiorari,  mandamus,  quo  warranto,  habeas  corpus  ; 
is  the  court  of  last  resort  and  has  general  superintendance  of  all  courts  of 
inferior  jurisdiction  for  the  prevention  and  correction  of  errors  and  abuses. 

It  is  the  supreme  appellate  court  of  probate  and  has  jurisdiction  by  appeal 
from  the  court  of  common  pleas  in  civil  causes  where  amount  claimed  is 
three  hundred  dollars  or  more. 

In  civil  actions,  it  has  original  jurisdiction,  concurrent  with  the  court  of 
common  pleas,  where  the  debt  or  damages  laid  in  the  writ  amount  to,  in 
Providence  county  three  hundred  dollars,  and  in  other  counties  one  hundred 
<lollars ;  it  also  has  original  criminal  jurisdiction  except  in  Providence 
<;ounty. 

The  court  of  common  pleas  is  held  by  one  or  more  justices  of  the  supreme 
■court. 

It  lias  original  jurisdiction  in  civil  actions  at  law  in  which  the  amount  is 
one  hundred  dollars  or  more  (concurrent  with  the  district  courts  from  one 
to  two  hundred  dollars.) 

It  has  appellate  jurisdiction,  both  civil  and  criminal,  from  the  district  courts; 
And  original  criminal  jurisdiction  of  all  crimes  and  offences. 

Special  courts  of  common  pleas  are  held  by  a  justice  of  the  supreme  court 
and  exercise  summary  jurisdiction  in  cases  of  ejectment  against  tenants  hold- 
ing over  their  terms,  .against  persons  refusing  to  deliver  lands  sold  under 
mortgage,  execution  or  judicial  sale,  against  auctioneers  refusing  to  account, 
and  sheriffs  neglecting  their  duties. 

District  courts  have  civil  jurisdiction  exclusive  in  causes  of  one  hundred 
dollars  or  less,  and  concurrent  with  the  court  of  common  pleas  from  two 
or  three  hundred  dollars;  also  in  like  concurrence  over  actions  for  possession 
of  tenements  or  estates. 

They  also  have  a  limited  criminal  jurisdiction. 

Probate  courts. — (See  administration.) 

Court  Calendar. — 

UNITED  STATKS  COURTS. 

The  Htate  comprises  one  district. 

A.txocinte  Juxlicc.  Supreme  0>«r^  Horaco  Gray,  of  Massaclmsptts.  Oirrnit  .Tti.dg<'t 
Jje Baron  B.  Colt,  of  Bristol.  JHxtricI  Jud'jr,  George  M.  Carpenter,  of  Providenco- 
United  Sta'cx  JHstriH  Attorney,  David  .'^.  Bailor,  of  Wicltford.  United  States  Marshal, 
•Tames  H.  Cof?geshall,  of  Providence.  Clerk  of  Circuit  and  District  Courts,  Henry  Pit- 
man, of  Providence. 

Terms  of  Circvit  Conrt. — At  Providenpo,  .Tune  15th  and  November  loth. 

Terms  of  District  Court. — At  Proviileiicf,  1st  Tuesdays  in  February  and  AuE;ust.  At 
Newport,  2d  Tuesday  in  May  and  ;?d  Tuesday  in  October. 


698  RHODE  IteLAND. 

SUPREME  COURT. 

Chief  JnsHcf,  Thomas  Durfee,  of  Providence.  Associate  Justicrs,  Chiirles  Matte- 
son  and  John  H.  Stiuess,  of  Providence  ;  I'arden  E.  Tillinghast,  of  Pawtucket,  and 
Geo.  A.  Wilbur,  of  Woonsocket. 

Terms  of  the  Supreme  Court  are  liolden  as  follows,  (P.  L.  601));  and  is  always  open 
as  a  court  of  equity. 

Counly.  Where  Held.  Time  of  Scssioitx. 

Bristol Bristol 1st  Mon.  March  and  September. 

Kent East  <  rreenwich  .   .  2d  Mon.  March  and  September. 

Wasliington  .  .  .  South  Kingston  .  .  .id  Mon.  March  and  Sei)tember. 

Newport Newport -Ith  Mon.  March  and  September. 

Providence..  .  .Providence    .   .   .   .  1st  Mon.  April  and  October. 

SESSIONS  OF  THE  COURT  OF  COMMON  PLEAS  (P.  S   194). 

Count}/.  Where  Held.  1\mc  of  Sessions. 

Bristol Bristol 1st  Mon.  May  and  last  Mon.  Oct. 

Kent East  Greenwich  .  .  2d  Mon.  April  and  Oct. 

Newport Newport 3d  Mon.  May  and  Nov. 

Providence..  .     Providence    .  .   .   .  1st  Mon.  March  and  Sept.  (("riniinal).    1st  Mon, 

.lune  and  Dec.  (Civil  and  Criminal). 
Washington.  .   .  South  Kingston  .  .  2d  Mon.  May  and  1st  Mon.  Nov. 

DISTRICT  COURTS  (P.  E.  597,  598.) 

Thi.s  court  is  in  session  everj-  day  for  criminal  proceedings,  and  for  civil  proceed*- 
ings,  as  follows : 

SESSIONS  OF  THE  DISTRICT  COURTS  (P.  L   597.) 

District.                  Where  Held,  T'inie  of  Sessions. 

First Newport Each  Tuesday  and  Friday. 

Tiverton     Each  Thursday. 

Second South  Kingston  .  .  Each  Monday. 

North  Kingston  .  .  Each  Thursday. 

Exeter 1st  and  M  Wednesdays  each  month. 

Third Westerly Each  Monday. 

Charlestown  ....  4th  Saturday  each  month. 

Hopkintown  . .  .  .2d  and  4th  Thursday  each  month. 

Richmond 4th  Wednesday  each  month. 

Fourth Warwick Each  Tuesday. 

East  (yreenwich  .  .  Each  Thursday. 

West  Greenwich    .  3d  Saturday  each  month. 

Coventry 2d  and  4th  Saturday  each  month. 

Fifth Bristol Each  Monday. 

Warren Each  Thursday. 

Sixth Providence Each  Monday  and  Thursday. 

Seventh East  Providence  , .  Each  Friday. 

Eighth .Johnston Each  Monday. 

Cranston Each  Wednesdaj'. 

Scituate 3d  Saturday  each  month. 

Foster 2d  Saturday  each  month. 

Ninlh Burrillville Each  Saturday. 

Smithtield Each  Tlnirsday. 

Gloucester Each  AVednesday. 

Tenth Pawtueket    ....  Each  Tuesday  and  Friday. 

P21eventh Lincoln Each  Saturday. 

Cumberland  ....  P^ach  Wednesday. 
Twelfth Woonsocket ....  Each  Wediiesday  and  Saturday. 

PROBATE  COURTS. 
Sec  Administration,  etc.,  under  LAWS  of  Rhode  Island,  ante. 

Curtesy. — The  married  woman's  property  act  does  not,  and  tlie  wife  by 
will  cannot  deprive  the  hii.sband  of  his  curtesy  ;  the  right  exists  as  at  coui- 
mon  law. 

Deeds. — No  estate  of  inheritance  or  freehold,  or  for  a  term  exceeding  one 
year,  in  lands  or  tenements,  can  be  conveyed  from  one  to  another  by  deed, 
unless  the  same  be  in  writing,  signed,  sealed  and  delivered  by  the  party 
making  the  same,  and  acknowledged  before  a  senator,  judge,  justice  of  the 
}ieace,  mayor,  notary  public  or  town  clerk,  and  recorded  or  lodged  to  bo  le- 
corded,  in  the  office  of  the  town  clerk  of  the  town  where  the  land  lies.     Such 


RHODE  IJSLAND.  69* 

conveyances  and  all  deeds  of  trust  and  mortgages  are  void,  except  between 
the  parties  to  them,  unless  so  acknowledged  and  recorded.  A  witness  is 
usual,  but  not  needed  for  validity.  If  the  grantor  refuses  to  acknowledge,  he 
may  be  compelled  summarily  by  complaint  and  warrant.  In  case  of  death  or 
removal  from  the  state  before  acknowledgment,  the  supreme  court  or  court 
of  common  pleas  can  take  proof  of  the  deed,  which  will  be  e(iuivalent. 

A  conveyance  of  lands  within  this  state,  executed  elsewhere  in  the  United 
States,  may  be  acknowledged  before  any  judge,  justice  of  the  peace,  mayor 
or  notary  public  in  the  state  where  the  same  is  executed,  or  before  a  Khode 
Island  commissioner  ;  and  executed  out  of  the  United  States,  may  be  ac- 
knowledged before  any  ambassador,  luinister,  charge  de  affaires,  consul,  vice 
consul  or  commercial  agent  of  the  United  States,  or  any  commissioner  for 
Rhode  Island  in  the  country  where  executed. 

A  seal  must  be  something  actually  attached  to  the  deed  :  wax,  wafer,  ad- 
hesive paper,  etc.,  a  scroll  not  being  sufficient.  Official  seals  impressed  upon 
the  paper  are  sufficient  without  the  use  of  wax. 

Dower  may  be  released  by  the  wife  joining  the  husband  in  the  execution 
of  the  deed,  and  the  fee  being  in  him,  only  his  acknowledgment  is  necessary. 

Where  husband  and  wife  are  jointly  seized  in  right  of  the  wife,  the  deed 
must  be  signed,  sealed  and  delivered,  and  acknowledged  by  both,  and  the 
officer  taking  the  acknowledgment  of  the  wife,  must  examine  her  privately 
and  apart  from  her  husband,  touching  the  deed,  and  she  declares  to  the  offi- 
cial that  the  deed  or  instrument  shown  and  explained  to  her  by  him  to  be  her 
free  and  voluntary  act  and  deed,  and  that  she  does  not  wish  to  retract  the 
same  ;  which  must  be  certified  to  by  the  officer.     {See  Form.) 

No  special  form  of  execution  by  corporations  is  j)rovided.  The  president 
or  treasurer,  duly  authorized,  usually  affixes  the  corjjorate  .^eal  and  signs  the 

name  of  the  corporation  by (adding  his  official  title),  and  acknowledges- 

the  deed  as  that  of  the  corporation. 

Common  Form  of  Acknowledgment. 

State  of ,  } 

County  of .     s     ' 

In ,  in  said  county   and  state,  this day of .  A.  D.  18 — , 

the  above  named personally  appeared  before  me  and  acknowledged  tha 

foregoing  instrument  by signed  to  be free  and  voluntary  act  and' 

deed. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  seal at  — ■ —  day 

and  year  above  written. 

[seal]  {Signatxirc  and  title.) 

Acknowledgment  by  Hushand  and  Wife. 

State  of ,  > 

coukty  of  .    \     ' 

In .  in  said  county  and  state,  tliis day  of ,  A.  I).   IS — ,  the- 

above  named personally  appeared  before  me  and  acknowledged  the  fore- 
going instrument,  by  him  signed  to  be  his  free  and  voluntary  act  and  deed. 

And  at  said on  the  same  day  (or  as  the  case  may  be) ■,  wife  of 

said .  also  personally  appeared  before  me,  and  being  by  me  examined 

privily  and  apart  from  her  said  husband,  acknowledged  and  declared  the 
same  instrument  by  her  signed,  and  by  me  then  shown  and  explained  to  her, 
to  be  her  voluntary  act  and  deed,  and  that  she  did  not  wish  to  retract  the 
same. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  seal  the  day  and  year 
above  written. 

[seal.]  {Signature  and  title.) 


700  RHODE  ISLAND. 

Descent  and  Distribution. — Descent  of  real  estate  of  aii  intestate  is  in  the 
Colluwing  tirtler,  the  succeeding  class  taking  when  none  of  the  preceedhig 
<-lass  are  living,  and  the  shares  go  by  representation  and  not  per  capita  :  1. 
To  the  children  or  their  descendants.  2.  To  the  father.  3.  To  the  mother, 
brothers  and  sisters  of  such  intestate,  and  their  descendants. 

These  failing,  the  inheritance  shall  go  in  equal  moieties,  to  the  paternal  and 
maternal  kindred,  each  in  the  following  course  :  1.  To  the  grandfather.  2. 
to  the  grandmother,  uncles  and  aunts  on  the  same  side,  or  their  descendants. 
i).  To  the  great  grandfathers,  or  great  grandfather  if  there  be  but  one.  4. 
To  the  great  grandmothers,  or  great  grandmother  if  there  be  but  one, 
-and  the  brothers  and  sisters  of  the  grandfathers  and  grandmothers  and  their 
descendants,  or  such  of  them  as  there  be  ;  and  so  on,  in  other  cases,  without 
•end,  passing  to  the  nearest  lineal  male  ancestors,  and  for  want  of  them,  to 
the  lineal  female  ancestors  in  the  same  degree,  and  the  descendants  of  such 
male  and  female  lineal  ancestors  or  such  of  them  as  there  be.  And  with  re- 
gard to  these  equal  moieties  to  paternal  kindred;  if  there  be  no  such  kindred 
on  one  part,  the  whole  goes  to  the  other  part ;  if  there  be  no  kindred  on  either 
part,  the  whole  goes  to  the  husband  or  wife  of  the  intestate  ;  and  if  the  wife 
or  husband  be  dead,  then  to  his  or  her  kindred  in  the  like  course  as  if  such 
husband  or  wife  had  survived  the  intestate  and  then  died. 

No  right  of  inheritance  accrues  to  any  person  whatsoever,  other  than  the 
-children  of  the  intestate,  unless  such  person  be  in  being,  and  capable  in  law 
to  take  as  heir  at  the  time  of  the  intestate's  death. 

Real  estate,  inherited  by  the  intestate  dying  without  children,  goes  to  the 
kin  next  to  the  intestate,  of  the  blood  of  the  person  from  wliom  he  inherited  it. 

Bastards  inherit  and  transmit  inheritance  on  the  part  of  their  mother. 

Dower  and  curtesy  are  unimpaired. 

Depositions.— Any  justice  of  the  supreme  court,  justice  of  the  peace, 
notary  public,  or  commissioner  appointed  by  the  court,  may  take  the  deposi- 
tion of  any  witness  to  b«3  used  in  the  trial  of  any  civil  suit  or  action  in  which 
he  is  not  interested,  nor  of  counsel,  nor  the  attorney  of  either  party,  and 
which  shall  then  be  commenced  or  pending  in  this  state  or  in  any  other  state 
■or  government. 

Every  magistrate  and  officer  previous  to  the  taking  of  any  deposition  with- 
in this  state,  shall  cause  the  adverse  party,  if  residing  in  this  state,  or  within 
■one  hundred  miles  of  the  place  of  caption,  or  in  case  of  his  absence,  his  attor- 
ney, known  to  be  such,  to  be  notified  of  tlie  time  and  place  appointed  for 
taking  the  same,  that  lie  may  attend  and  put  interrogatories  to  the  dei^onent 
if  he  thinks  fit. 

Depositions  taken  without  this  state,  to  be  used  in  the  trial  of  any  cause 
pending  in  any  court  in  this  state,  shall  be  received  as  evidence  :  provided 
j^uch  depositions  shall  be  taken  with  the  formalities  required  by  the  state  or 
<iountry  in  whicli  the  same  shall  have  been  taken,  or  by  some  commissioner 
appointed  by  the  governor,  or  by  some  judge,  chancellor  or  other  civil  mag- 
istrate of  such  state  or  country,  in  conformity  to  the  provisions  of  this 
•chapter. 

In  taking  depositions  without  this  state,  the  party  causing  the  taking  there- 
of shall  notify  the  adverse  party,  or  his  known  attorney,  of  the  time  and  aj)- 
pointed  place  for  taking  the  same  ;  and  such  notification,  issued  by  any  jus- 
tice or  notary  in  this  state,  shall  be  served  such  reasonable  time  before  taking 
■.such  deposition  as  will  give  the  adverse  i)arty  a  full  opportunity  to  be  present 
in  person  or  by  attorney. 

Every  person  Itefore  deposing  shall  be  swoni  to  testify  the  truth,  the  whole 
truth  and  nothing  but  tlie  truth.  He  shall  subscribe  the  testimony  by  him 
given  after  the  same  shall  be  reduced  to  writing,  which  shall  be  done  only 
by  the  magistrate,  officcsr  or  commissioner  taking  the  deposition,  or  by  the 
<leponent  in  his  presence  or  under  his  direction. 

The  deposition  so  taken  shall  be  retained  by  such  justice,  notary,  or  com- 
missioner, until  lie  deliver  tlie  same  with  his  own  hand  to  the  court  for 
^vhich  it  was  taken,  or  .shall,  together  with  a  certificate  of  its  having  been 


RHODE  ISLAND.  701 

duly  taken,  be  by  said  justice,  notary,  or  coniuiissioncr,  sealed  up  anri 
directed  to  such  court,  and  remain  so  sealed  up  until  opened  in  court  or  by 
order  of  court. 

No  deposition  taken  within  one  hundred  miles  of  the  place  of  trial  shall  be 
used  on  the  trial  of  any  cause  in  any  court  in  this  state,  which  shall  have 
been  taken  during  the  sittinjf  of  the  court  before  whicli  the  cause  may  be^ 
pending,  unless  tl  e  same  shall  have  been  taken  by  the  order  of  such  court. 

If  any  witness  shall  be  induced  to  go  out  of  this  state  in  order  that  his  de- 
position may  be  taken  without  due  notice  to  the  adverse  party,  the  depositioih 
of  such  witness,  taken  by  such  undue  means,  shall  not  be  used  or  admitte<l 
as  evidence  in  any  court  in  this  state.     (Pub.  Stat.  chap.  314.) 

Instructions  for  taking  Depositions : 

A  commissioner  or  magistrate,  authorized  to  take  depositions,  will  issue  a- 
notification  to  the  adverse  party,  stating  the  time  and  place  appointed,  and 
the  names  of  witnesses  to  be  examined,  which  must  be  served  by  a  sheriff,  or 
by  any  impartial  and  disinterested  person,  who  must  make  oath  to  his  return. 
The  depositions  when  taken,  will  be  returned  under  seal  to  thecourt  in  which 
the  suit  is  pending,  with  a  certificate  stating  the  contents  and  naming  thct 
case,  indorsed  by  the  magistrate  over  his  signature. 

Form  of  Caption  to  Deposition. 
State  of  Rhode  Island,  } 


County  op .  S 


ss. 


Be  it  remembered,  Tliat  in ,  county  of ,  state  of ,  on  the 

day  of ,  personally  ajjpeared  before  me  at ,  who  being  by  me  first 

sworn  to  testify  the  truth,  the  whole  truth  and  nothing  but  the  truth,  gave 
the  foregoing  deposition,  which  was  by  me  reduced  to  writing  in  his  presence 
(or  by  him  reduced  to  writing  in  my  presence),  and  by  him  signed  in  nay 
presence. 

Taken  at  the  request  of (or  by  virtue  of  the  annexed  commission,  a.*t 

the  case  may  be),  to  be  used  in  the  trial   of  an  action  pending  in  the 

court,  to  be  holden  in within  and  for  the  county  of ,  in  the  state  or 

Rhode  Island,  on  the in . 

The  adverse  party  was  duly  notified,  as  appears  by  return  of  the  notifica- 
tion hereto  annexed,  and  was  present  (or  was  not  present.) 

I  further  state  that  I  am  not  attorney  or  of  counsel  for  either  of  said  par- 
ties, nor  interested  in  result  of  said  suit. 

In  witness  whereof  I  have  hereunto  subscribed  my  name  and  affixed  my- 

official  seal  this day  of ,  A.  D.  18 — . 

[l.  s.  3  {Signature  and  title  of  officer.) 

Divorce. — Upon  petition  of  a  domiciled  inhabitant  of  this  state,  who  has 
resided  one  year  therein  next  before  filing  his  petition,  the  supreme  court  may 
decree  a  divorce  from  the  bond  of  marriage  for  either  of  the  following  causes:; 
marriage  originally  void  or  voidable  by  law  ;  when  party  is,  for  crime  (con- 
victed of  murder  or  arson),  deemed  to  be  civilly  dead  ;  or  from  absence  or 
other  circumstances  may  be  presumed  to  be  dead ;  impotency  ;  adultery  ; 
extreme  cruelty  ;  wilful  desertion  for  five  years  by  either  party,  or  a  shorter 
period  in  the  discretion  of  the  court  ;  continued  drunkenness  ;  neglect  or  re- 
fusal by  the  husband,  being  of  sufticient  ability,  to  provide  necessaries  for 
the  subsistence  of  his  wife  ;  and  other  gross  misbehavior  and  wickedness  re- 
pugnant to  and  in  violation  of  the  marriage  covenant. 

If  granted  for  adultery,  or  crime  of  husband,  wife  has  right  of  dower,  un- 
less alimony  is  granted  instead.  Alimony  must  not  exceed  one-half  the  hus- 
band's personal  estate  or  the  use  of  one-half  of  his  real  estate. 

The  court  may  control  the  custody  of  children  ;  and  divorce  from  bed  andL 
board  ;  and  decree  separate  maintenance. 


702  RHODE   ISLAND. 

Notice  is  by  personal  service  of  citation  on  the  petitioner,  if  party  can  be 
found,  either  by  a  sheriff  or  a  disinterested  person  who  makes  a  return  under 
oath  ;  otherwise  by  publication.  Tliere  is  no  pleading  or  answer.  Testi- 
mony is  taken  by  deposition  or  orally  in  court.  The  court  may  hear  testi- 
mony from  the  parties  orally,  or  may  order  their  depositions  taken. 

Dower — Is  the  same  as  at  common  law.  A  widow  may  waive  a  provision 
in  her  husband's  will  made  in  lieu  of  dower,  by  filing  a  writing  in  the  court 
of  probate  within  one  year  after  the  probating  of  the  will,  and  claim  dower. 
{See  Descent  and  Distribution.) 

Evidence. — Parties  in  interest  may  testify,  but  when  one  original  party  to 
i\  cause  of  action  is  dead,  or  when  an  executor  or  administrator  is  a  party  to 
the  suit,  tlic  other  party  may  be  called  by  his  opponent,  but  cannot  testify 
on  his  own  offer,  except  as  to  matter  occuring  since  the  death  of  the  party 
■<leceased,  unless  the  contract  was  originally  made  with  the  party  living  and 
■competent  to  testify. 

In  civil  causes  the  husband  or  wife  are  competent,  provided  neither  will  be 
permitted  to  give  testimony  tending  to  criminate  the  other,  or  to  disclose 
•confidential  communications  during  marriage. 

The  accused  in  criminal  prosecutions,  their  husbands  or  wives  may  testify 
voluntarily,  but  cannot  be  compelled  to  testify. 

Conviction  of  crime  does  not  dis(iualify,  but  may  aft'ect  credibility.  {See 
Divorce.) 

Executions. — Issue  five  days  after  rising  of  coui-t  (but  court  may  order 
.sooner),  and  are  I'eturnable  in  three  months  in  the  district  courts,  and  at  the 
next  term  in  other  courts.  They  can  only  be  stayed  by  order  of  the  court. 
The  original  execution  must  be  levied  before  its  return  day,  to  hold  attach- 
ment on  original  writ.  In  default  of  goods  and  chattels  or  real  estate  on 
•which  to  levy,  executions  may  issue  against  the  body  of  the  debtor,  where 
fraud  is  alleged.  Executions  also  issue  against  the  body  where  arrest  was 
made  on  the  original  writ ;  but  must  be  served  on  personal  or  real  estate  if 
to  be  found,  before  taking  the  body.    {See  Stay  of  Execution.) 

Executors. — Every  person  having  the  custody  of  a  will  shall,  within  thirty 
<lays  after  he  has  notice  of  the  decease  of  the  testator,  deliver  the  will  to  the 
court  of  probate  or  to  the  person  named  as  executor  in  the  will ;  and  every 
I)erson  named  as  executor  in  a  will  shall,  within  a  like  time  after  decease  of 
testator,  or  after  he  has  knowledge  that  he  is  so  named,  lodge  such  will  for 
probate  and  record  in  the  office  of  the  clerk  of  the  probate  court  of  the  town 
where  the  testator  last  dwelt,  or  lodge  the  same  in  such  office  with  notice  in 
writing  of  his  refusal  of  such  executorship,  and  for  neglect  of  such  duty 
such  person  or  executor  forfeits  (in  the  discretion  of  the  coiirt)  one  hundred 
dollars  a  month  thereafter  until  such  duty  is  performed. 

Executors  in  a  will  outside  of  this  state,  duly  probated,  may  present  a  copy 
of  such  will  for  record  in  probate  court  liere  with  a  copj''  of  the  probate  there- 
of, under  seal  of  the  court  where  it  has  been  proved  and  allowed,  and  after 
prescribed  notice  obtain  record  and  letters  testamentary,  and  such  will  will 
pass  property  in  town  where  so  recorded,  if  executed,  subscribed  and  attested 
according  to  the  law  in  this  state. 

The  marriage  of  an  unmarried  woman  wlio  has  been  appointed  executrix, 
extinguishes  her  power  to  act.  Her  co-executors,  if  any,  go  on  with  admin- 
istration, otherwise  the  court  appoints — her  husband  does  not  act. 

Executors  are  not  subject  to  suit  before  one  year  nor  after  three  years  from 
appointment,  except  in  certain  cases. 

His  promise  to  answer  dcl)t  out  of  his  own  estate  is  not  actionable  unless 
in  writing.     <  See  Wills  and  Statute  of  Frauds, 

Exemptions. — No  homestead  law.  Necessary  wearing  apparrel  of  debtor 
and  his  family  ;  working  tools  not  exceeding  $3U0 ;  and  household  furniture 


RHODE  ISLAND.  708 

and  family  stores,  $300;  bible,  school  and  other  books  in  use  in  faniilj',  ^llOO; 
wayes  or  salary  to  the  amount  of  ten  dollars,  excei)t  where  debt  is  for  neces- 
saries ;  wages  or  salary  of  wife  or  minor  child  of  debtor  ;  wages  of  a  seaman; 
one  cow,  one  and  one-half  tons  of  hay,  one  hog  and  one  pig  and  the  pork  of 
the  same — of  a  housekeeper  ;  one  pew  in  church  ;  a  burial  lot ;  arms,  equip- 
ments, etc.,  of  a  militiaman  ;  and  debts  secured  by  bills  of  exchange  or  ne- 
gotiable promissory  notes,  are  exemiit  from  attachment  and  execution. 

Factors,  Consignees,  etc. — Where  the  shipper  is  not  the  owner  of  mer- 
chandise shipped,  and  tiie  consignee  has  no  notice,  he  has  the  same  lien  for 
advances  to  the  shipper  that  he  would  have  if  the  shipper  were  the  true 
owner. 

The  pledging  of  goods  to  the  factor's  use,  with  intent  to  defral^d  the  owner, 
is  a  misdemeanor  punishable  by  tine  or  imprisonment. 

False  Pretense. — Every  person  who  shall  personate  another,  or  who  shall 
falsely  represent  himself  to  be  the  agent  or  servant  of  another,  and  shall 
thereby  receive  any  money  or  other  property  intended  to  be  delivered  to  the 
person  so  personated  or  to  the  alleged  principal  or  master  of  such  agent  or 
servant,  and  every  person  who  shall  obtain  from  another  designedly,  by  any 
false  pretense  in  writing  or  by  any  privy  or  false  token  and  with  intent  to 
defraud,  any  money  or  other  article,  or  obtain  with  such  intent  the  signa- 
ture of  any  person  to  any  written  instrument,  the  false  making  whereof 
would  be  punishable  as  forgery,  shall  be  imprisoned  not  exceeding  five  j'ears, 
or  be  fined  not  exceeding  one  thousand  dollars. 

Fraud,  Statutes  of. — No  action  shall  be  brought  whereby  to  charge  any 
person,  1.  Upon  any  contract  for  the  sale  of  lands,  tenements  or  heretlita- 
ments,  or  the  making  of  any  lease  thereof  for  a  longer  time  than  one  year. 
2.  Upon  any  agreement  made  upon  consideration  of  marriage,  o.  Any  exe- 
cutor or  administrator  upon  his  sj^ecial  promise  to  answer  any  debt  or  dam- 
age out  of  his  own  estate.  4.  Any  person  upon  his  special  promise  to  answer 
for  the  debt,  default  or  miscarriage  of  another  person.  5.  Upon  any  agree- 
ment w^liich  is  not  to  be  performed  within  the  space  of  one  year  from  the 
making  thereof ;  unless  the  promise  or  agreement  upon  which  such  action 
shall  be  brought,  or  some  note  or  memorandum  thereof,  shall  be  in  writing 
and  signed  by  the  party  to  be  charged  therewith,  or  by  some  other  person  by 
him  thereunto  lawfully  authorized. 

Garnishment. — Writs  of  attachment  may  be  served  on  debtors  of  the  de- 
fendant, who  becomes  liable  to  pay  the  judgment  creditor  the  amount  of 
their  debts  if  they  file  affidavit  showing  the  same,  and  in  default  of  such  affi- 
davit to  pay  the  entire  judgment.. 

Grace. — {See  Bills  of  Exchange,  etc.) 
Homestead. — No  homestead  law. 

Insolvent  Laws. — A  debtor  may  dissolve  an  attachment  or  levy  on  his 
property  by,  before  the  property  is  sold  and  proceeds  applied  to  payment  of  the 
claim  or  judgment,  and  within  sixty  days  from  the  time  after  the  attachment 
or  levy,  making  and  having  recorded  in  the  town  where  he  resides  or  has 
real  estate,  an  assignment  to  some  citizen  of  this  state,  of  all  his  property  not 
exempt  from  attachment,  but  including  debts  secured  by  bills  of  exchange 
and  promissory  notes,  for  the  equal  benefit  of  all  his  creditors,  preferring 
only  debts  due  the  United  States,  this  state,  and  wages  of  labor  performed 
within  six  months  previous  to  the  assignment,  not  exceeding  one  hundred 
dollars  to  any  one  person. 

Whenever  an  insolvent  debtor  does  any  act  or  makes  any  conveyance 
whereby  one  creditor  obtains  a  preference  over  another,  or  omits  to  do  any 
act  which  he  might  lawfully  do  to  prevent  one  creditor  from  obtaining  a 


704  EHODE  ISLAND. 

preference  over  another,  the  supreme  court,  upon  the  petition  of  creditors  hold- 
ing one-fifth  of  the  debt  in  amount,  filed  within  sixty  days  thereafter,  will 
appoint  a  receiver  to  take  all  the  property  for  the  equal  benefit  of  all  the 
creditors,  and  such  appointment  avoids  all  preferences  made  or  obtained  with- 
in sixty  days  prior  to  filing  the  petition.  It  sets  aside  an  attachment,  for  an 
assignee  under  a  voluntary  assignment  operates  with  regard  to  preferences- 
the  same  as  a  receiver,  and  refusal  to  assign  permits  the  attaching  creditor 
to  secure  a  jireference.  In  case  of  conveyances  requiring  recording,  the  sixty 
days  runs  from  the  time  they  were  left  for  record. 

The  debtor  is  not  discharged  except  by  the  voluntary  release  of  hi* 
creditor. 

Interest. — The  legal  rate  of  interest  is  six  per  cent., but  any  rate  of  interest 
agreed  upon  between  the  parties  may  be  taken.  Rate  on  judgments,  note  on 
open  accounts,  etc.,  is  six  per  cent.,  unless  a  difterent  rate  be  stipulated  by 
the  parties.  Interests  begin  to  run  on  accounts  from  the  expiration  of  stii>- 
ulated  term  of  credit,  or  at  a  time  fixed  by  usage  of  trade. 

Judgments. — A  judgment  is  not  a  lien  upon  real  estate,  except  as  an  at- 
tachment on  the  original  writ ;  may  be  held  by  a  levy  of  original  execution 
before  its  return  day. 

Justices  of  the  Peace — Are  elected  in  town  meetings,  or  by  the  general 
assembly  (legislature),  and  have  power  to  administer  oaths  and  take  ac- 
knowledgments in  their  towns,  to  summon  witnesses  before  any  court,  to 
issue  citations  in  proceedings  to  take  poor  debtors  oaths  and  to  adjourn  such 
I>roceedings  and  to  do  a  few  other  little  things. 

Landlord  and  Tenant. — Tenants  at  will  or  by  suft'erance  shall  quit  upon 
notice  from  the  lessor  or  owner  at  the  day  named  therein;  by  parol  from  year 
to  year  upon  notice  in  writing  from  the  lessor  or  owner,  given  at  least  three 
months  prior  to  the  expiration  of  the  occupation  year  ;  and  for  any  term  less 
than  a  year  upon  such  notice  given  at  least  half  the  period  of  the  term,  not 
exceeding  in  any  case  three  months  prior  to  the  expiration  of  the  same,  at 
any  return  thereof.  And  the  tenant  must  give  like  notice  (and  with  like 
effect),  if  he  would  be  quit. 

The  time  agreed  upon  in  a  definite  letting,  fixes  the  time  of  termination 
thereof;  and  if  there  be  no  time  of  termination  agreed  upon,  it  shall  be 
deemed  a  letting  from  year  to  year,  and  like  notice  to  quit  or  be  quit  shall  be 
required  and  with  like  effect. 

Suffering  the  stipulated  rent  or  any  part  of  the  same  to  remain  due  and  in 
arrear  for  the  period  of  fifteen  days  after  demand  for  the  same  gives  the  right 
of  re-entry  and  repossession  by  the  landlord  or  reversioner,  wliether  renting 
be  by  parole  or  in  writing,  and  discharged  of  the  lease.  (See  jurisdiction  o/" 
District  Courts,  and  Special  Court  of  Common  Pleas. ) 

Leases — Of  lands  for  more  than  a  year  must  be  in  writing  ;  and  see  over- 
due stipulated  rent  under  landlord  and  tenant.     (See  Statute  of  Fraud.) 

Liens — The  common  law  liens  are  in  force. 

Common  carriers  may  sell  at  auction  articles  unclaimed  for  a  year  to- 
secure  charges  and  expenses.  The  surplus  goes  to  the  owner,  if  claimed 
within  six  months,  otherwise  to  the  general  treasurer. 

Perishable  merchandise  may  be  sold  after  notice  to  the  owner  or  consignee, 
at  public  or  private  sale,  without  advertisement.  (For  Consignees,  see  Fac- 
tors, see  also  Mechanics  Liens.) 

Limitation  of  Actions  or  Suits. — Actions  limited  to  one  year,  case  for 
■words  spoken ;  to  four  years,  trespass ;  to  six  years,  of  account,  except  be- 
tween merchant  and  merchant,  on  the  case  except  for  words  spoken,  debt  or 


RHODE  ISLAND.  705 

contracts  without  specialty,  or  for  arrears  of  rent,  of  detinue  and  of  replevin; 
to  twenty  years,  debt  on  specialty  and  covenant.  An  executor  or  adminis- 
trator cannot  be  sued  after  three  years  after  his  appointment. 

Limited  Partnerships— .Mny  be  formed  for  the  transaction  of  mei-eantile, 
mechanical  or  manul'acturing  business  within  the  state,  by  two  or  more  per- 
sons, but  not  for  the  jturpose  of  insurance  or  banks  of  issiie  or  circulation. 
They  may  consist  of  one  or  more  <;eneral  partners,  who  shall  be  jointly  and 
severally  liable,  and  of  one  or  more  persons  contributing  to  the  (;ommon 
stock  a  spccitic  sum  in  actual  cash  i)ayment  as  cai^ital,  and  called  special 
l)drtners,  who  shall  not  be  iHTsouBlly  liable  for  partnership  debts  (except  in 
certain  cases),  and  all  tlie  i>artners  shall  make  and  severally  sij^n  a  certilicate 
setting  forth,  1st,  the  tirm  nanu;  ;  2d,  the  names  and  residences  of  all,  and 
designating  which  are  general  and  which  special  ;  lid,  the  amount  of  capital 
each  special  partner  has  contributed  ;  4th,  the  general  nature  of  the  business 
to  be  transacted  ;  5th,  the  time  when  the  partnersliip  is  to  conimence  and 
when  to  end ;  which  certificate  must  be  acknowledged  by  all  the  parties  be- 
fore some  justice  of  the  peace  or  notary  public,  and  filed  in  the  offices  of  the 
town  clerks  of  the  towns  where  such  partnership  shall  have  places  of  business 
situated,  and  recorded  in  a  book  kept  for  that  purpose.  After  this  registry, 
a  copy  of  the  certificate  must  be  published  immediately  for  six  successive 
weeks,  in  at  least  two  newspapers  published  within  the  state,  otherwise  the 
partnership  nuist  be  deemed  general.  Any  false  statement  in  the  certificate 
renders  all  liable  as  general  partners.  If  the  name  of  a  special  partner  ap- 
pears in  the  firm  name,  or  if  his  name  is  used  in  the  business  with  his  con- 
sent or  j)rivity,  or  if  he  personally  makes  any  contract  respecting  the  con- 
cerns of  the  partnership,  with  any  person  except  the  general  partnei's,  he 
shall  be  deemed  and  treated  as  a  general  partner. 

Married  Women. — The  property  of  a  married  woman  is  secured  to  her 
separate  use  and  is  liable  for  her  ante-nuptual  debts,  but  not  for  the  debts  of 
her  husband.  She  is  not  liable  on  her  promissory  note,  and  her  power  to 
contract  is  limitated.  She  camiot  transact  business  as  a  trader  except  when 
she  shall  come  into  this  state  and  reside  here  a  year  without  her  husband, 
when  she  may  transact  business,  make  contracts,  sue  and  defend,  dispose  of 
her  separate  property,  make  dee<ls  and  have  the  exclusive  care  and  guardian- 
ship of  her  minor  children  as  if  she  were  sole.  The  arrival  of  her  husband 
has  the  same  effect  as  a  marriage.  The  rights  of  dower  and  curtesy  are  fully 
l>reserved. 

Mechanic's  Lien. — A  person  furnishing  labor  or  materials  for  the  con- 
struction or  repair  of  a  building  or  imi)rovement  owned  by  the  owner  of  the 
land  on  which  it  is  situated,  by  contract  with  such  owner  or  with  the  hus- 
band of  such  owner,  and  witli  the  written  consent  of  his  wife,  has  a  lien  on 
such  building,  improvement  and  land,  for  such  labor  and  materials,  subject 
to  such  encumbrances  as  existed  when  the  work  was  commenced. 

Such  lien  also  exists  if  the  interest  of  the  owner  of  the  land  is  less  than  a 
freehold. 

Sub-contractor  has  such  lien  provided  he  notifies  the  owner  of  the  land 
in  writing  within  thirty  days  after  commencing  the  work  that  he  shall  claim 
the  lien. 

A  contractor  \inder  a  written  contract  must  commence  his  legal  proceed- 
ings within  four  months  from  the  time  when  a  payment  on  such  contract  is 
due,  if  payment  is  not  then  made. 

A  contractor  under  a  verbal  contract  must  commence  his  legal  proceedings 
within  six  months  after  commencing  his  work  or  commencing  his  delivery  of 
materials. 

A  sub-contractor  must  begin  his  legal  proceedings  within  four  months 
after  giving  notice  as  aforesaid. 

For  such  legal  proceedings  see  Public  Statutes,  chapter  177. 


706  RHODE  ISLAND. 

Minors. — Attain  majority  at  twenty-one  years  ;  but  may  make  will  of 
pcrso)ial  property  at  eighteen.     Their  wages  are  not  subject  to  attachment. 

Mortgages  of  Real  Estate. — Must  be  executed  in  the  same  manner  as 
deeds,  and  recorded. 

No  chattel  mortgage  is  good  against  purchaser  or  attaching  creditor  unless 
recorded,  or  the  mortgagee  has  possession  or  can  prove  actual  notice. 

Both  real  estate  and  chattel  mortgages  are  drawn  with  power  to  the  mort- 
gagee to  advertise  and  sell  after  default,  and  the  mortgagee  may  bid  at  the 
sale  if  he  gives  notice  of  such  intention  in  the  advertisement. 

Notes  and  Bills  of  Exchange. — (See  Bills  of  Exchange  and  Promissory 

Notes. ) 

Oaths  and  Afl&davits. — May  be  administered  (also  affirmations,  of  equal 
validity)  anywhere  in  the  state  by  the  following  officials  :  Governor,  lieuten- 
ant governor,  secretary  of  state,  attorney  general,  general  treasurer,  justice 
of  the  supreme  court,  speaker  of  the  house  of  reiiresentatives,  commissioners 
appointed  by  other  states  to  take  acknowledgments  of  deeds  and  depositions 
within  this  state,  notaries  public,  railroad  commissioner,  insurance  commis- 
sioner and  commissioner  of  shell  fisheries  ;  and  in  the  respective  counties  or 
towns  for  which  they  are  appointed,  by  clerks  of  courts,  state  senators,  trial 
justices,  justices  of  the  peace,  mayors  of  cities,  judges  of  probate,  presidents 
of  town  councils,  town  clerks  and  town  wardens. 

Affidavits  without  the  state  may  be  taken  by  any  magistrate  authorized  to 
administer  oaths  by  the  law  of  the  state  or  country  where  taken,  or  by  any 
commissioner  for  Rhode  Island  residing  in  such  state  or  country. 

Partnerships. — {See  Limited  Partnerships.) 

Promissory  Notes. — {See  Bills  of  Exchange,  etc.) 

Practice. — The  common  law  system  is  in  force,  but  somewhat  modified  by 
statute.     The  courts  encourage  a  tendency  to  simplicity  of  jjrocedure. 

Proof  of  Claims. — Is  not  required  by  affidavit.  But  claims  sent  for  suit 
should  be  accompanied  by  an  affidavit  as  required  under  title  "  Attachment " 
or  "  Ai-rest,"  if  such  proceeding  is  desired. 

Recording. — Is  done  in  the  town  or  city  where  the  land  lies,  and  the  town 
and  city  clerks  are  custodians  of  records  and  recorders  of  deeds  except  in  the 
city  which  has  a  special  officer  called  "recorder  of  deeds." 

Redemption. — Mortgagor  of  real  estate,  his  heirs,  executors  and  adminis- 
trators, may  redeem  within  three  years  after  foreclosure  or  possession  taken, 
other  than  by  power  of  sale  in  the  mortgage. 

No  redemption  after  sale  on  execution.     {See  Taxes.) 

Replevin. — Personal  property  may  be  replevied  by  its  claimant,  unless  he 
is  defendant  in  a  suit  in  which  it  is  attached,  by  giving  bond  (with  two  sure- 
ties) in  double  the  value  of  the  propeiiiy. 

Revision. — The  last  revision  of  the  statutes  was  enacted  at  the  May  ses- 
sion, 1881,  and  went  into  efl"ect  February  1st,  1882,  under  the  title  "Public 

iStatutes. " 

Seal. — "Whenever  a  seal  is  required  to  be  affixed  to  any  paper,  the  word 
"seal  "  shall  be  construed  to  include  an  impression  of  such  seal  made  with 
or  without  the  use  of  wax  or  wafer  on  the  paper."     Piib.  Stat.  c.  14. 


RHODE  ISLAND.  707 

Security  for  Costs.— (5«e  Costs.) 

Stay  of  Execution. — The  supreme  court  and  courts  of  common  pleas  may, 
ripon  motion  and  lor  cause  shown,  stay  execution  upon  any  judgment  or  de- 
cree rendered  therein  until  furtlier  order. 

Suits. — {See  Actions.) 

Supplementary  Proceedings. — Not  provided  for  in  this  state. 

Taxes. — AH  tuxes  assessed  against  any  person  in  any  town  for  either  per- 
sonal or  real  estate,  shall  constitute  a  lien  on  his  real  estate  therein  for  two 
years,  and  if  the  estate  be  not  aliened,  until  collected. 

Trust  Deeds. — Are  to  be  executed  as  other  deeds,  and  are  in  common  use, 
but  not  used  as  security  for  loans,  the  mortgage  with  power  of  sale  being 
more  eft'ectual.     {See  MorUjages.) 

Usury. — {See  Interest.) 

Wages. — Of  minor  children  not  attachable. 

Wills. — All  wills  and  bequests  of  any  lands,  tenements,  hereditaments  and 
of  personal  estate,  within  or  without  the  state,  shall  be  in  writing  and  signed 
by  the  person  devising  the  same  ;  or  by  some  person  in  his  presence  and  by 
his  express  direction  ;  and  shall  be  attested  and  subscribed  in  the  presence 
of  the  devisor,  by  two  or  more  witnesses,  or  else  shall  be  utterly  void  and  of 
no  effect.  No  form  of  proof  is  provided.  Both  subscribing  witnesses  must 
usually  be  produced  in  jjrobate  court,  if  within  the  state.  The  evidence  of 
an  absent  witness,  if  required,  may  be  taken  by  deposition. 

Every  person  being  upwards  of  eighteen  years  of  age,  may  dispose  of  per- 
sonal property,  and  every  person  upwards  of  twenty-one  years  of  age,  may 
dispose  of  real  estate  by  will.  The  will  of  a  married  woman  shall  not  impair 
the  rights  of  her  husband  upon  her  death,  as  tenant  by  the  curtesy. 

Wills  are  recorded  in  the  town  clerk's  office  of  the  town  where  the  testator 
lived.  In  Providence,  Newport,  Pawtucket,  Cranston  and  East  Providence, 
probate  courts  are  established  with  clerks  who  record  wills. 

Witnesses. — {See  Evidence.) 


708 


RHODE  ISLAND. 


ATTORNEYS    IN    RHODE    ISLAND. 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  population. 
Figures  after  names  when  admitted  to  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (|)  our  Compiler  of  liaws. 
A  dagger  (t)  former  recommendations  withdrawn. 


PLACE. 

COUNTY. 

NAMES   OF    ATTORNEYS.     P 

3PULA'I» 

Anthony- 

Kent 

E.  F.  Warner. 

628 

Bristol 

Bristol 

Samuel  P.  Colt. 

6,028 

Central  Falls 

Providence 

L.  Watson. 

10,000 

Coventry  Centre 

Kent 

{See  Anthony.") 

22S 

East  Greenwich 

Kent 

A.  R.  Greene. 

2,887 

East  Providence 

Providence 

Geo.  N.  Bliss. 

6,809 

Escoheag 

Kent 

Manton  &  Foster. 

— 

Foster 

Providence 

C.  H.  Johnson. 

1,400 

Kingston 

Washington 

E.  C.  Clarke. 

529 

Newport 

Newport 

D,  Baker. 

20,439 

North  Scituate 

Providence 

M.  D.  L.  Mowry. 

— 

Providence 

Providence 

/  X  Harrison  A.  Kenney. 

(^     Card  in  Appendix,  page  xxiv. 

104,857 

South  Scituate 

Providence 

J.  C.  Colorn. 

3,607 

Wakefield 

Washington 

E.  H.  Hazard, 

732 

"Warren 

Bristol 

B.  M.  Bosworth. 

4,007 

Warwick 

Kent 

B.  W.  Smith. 

485 

Westerly 

Washington 

Dixon  &  Perrin. 

6,332 

Wickford 

Washington 

W.  C.  Baker. 

735 

Woonsocket 

Providence 

E.  Aldrich. 

18,552 

RHODE   ISJ.AND. 


ro9 


BANKS    IN    RHODE    ISLAND. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  ot  one 
tjank  in  eacli  county  of  this  state  in  which  such  a  banking  institution  is  located. 


rLACK.  NAME   OF   BANK. 

Ashaway  Ashaway  Nat  Bank 

Bristol  First  National  Bank 
East  Greenwich  Greenwich  Nat  Bank 

Greenville  Nat  Exchange  Bank 

Hope  Valley  First  National  Bank 

Kingston  Nat  Landholders'  Bank 

Newport  First  National  Bank 

North  Scituate  Scituate  National  Bank 

Pascoag  Pascoag  Nat  Bank 

Pawtuckett  First  National  Bank 

Phoenix  Phujnix  National  Bank 

Providence  Nat  Bank  of  Commerce 

Slatei-ville  First  Nat  Bk  of  Smithfield 

Wakefield  Wakefield  National  Bank 

Warren  First  National  Bank 

Westerly  National  Niantic  Bank 

Wickford  Wickford  Nat  Bank 

Woonsocket  Producers'  Nat  Bank 


PAID  UP 

CASHIER. 

CAPITAL. 

F.  Hill. 

$100,000 

H.  W.  Church. 

75,000 

S.  M.  Knowles. 

75,000 

Wm.  Winsor. 

150,000 

S.  R.  Richmond. 

100,000 

M.  F.  Perry. 

105,000 

N.  R.  Swinburne. 

120,000 

B.  J.  Cowe. 

Jas.  S.  Cook. 

100,000 

Wm.  H.  Park. 

300,000 

H.  D.  Brown. 

100,000 

John  Foster. 

1,709,200 

Chas.  S.  Seagrave. 

100,000 

D.  M.  C.  Steadmaii. 

100,000 

A.  B.  Gardner. 

150,000 

I).  F.  Stillman. 

250,000 

Thad.  W.  Hunt. 

125,000 

Samuel  P.  Cook. 

200.000 

STATE  OF 

SOUTH    CAROLINA. 

SUMMARY  OF 

Collection    Laws. 

COTTRT  Calendar,  Instructioss  for  takikg  Depositions,  Legai,  Forms.  Etc. 
ExpRESSLT  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "  Showers' 
Legal  Directory  and  Merchants'  Guide."  for  1888.  by 
Smythe  &  Lee,  of  the  Charleston  Bar. 

Acknowledgments. — {See  Forms,  Deeds  mid  Evidence.)  Not  in  use  in 
this  state.     Deeds  proved  by  oatli  of  subscribing  witnesses. 

Actions. — Under  the  code  of  1882,  which  is  the  rule  of  practice  in  this 
state,  both  the  legal  and  equitable  are  included  in  one  fonn  of  action.  Suits 
must  be  brought  in  the  name  of  the  real  party  in  interest.  Married  woman 
.sues  or  is  sued  alone  in  regard  to  her  separate  property.  Infants  appear  by 
guardian,  ad  litem.  Actions  as  a  rule  are  brought  in  the  county  in  which 
defendant  resides  ;  but  concerning  real  property,  in  the  county  in  which  the 
land  lies  ;  in  respect  to  personal  i)roperty  distrained  in  the  county  where  the 
property  is  situated.  In  some  cases  the  court  can  change  the  venue.  Serv- 
ice of  summons  commences  suit.  Service  by  publication  is  allowable  in 
some  cases.  Where  debt  is  liquidated  or  on  open  account,  if  itemized,  default 
judgment  will  be  granted,  provided  verified  account  is  served  with  complaint, 
and  defendant  does  not  answer  within  twenty  days  from  service  of  summons 
and  complaint.     Costs  are  regulated  by  statute. 

Administration. — Of  Estates  of  Deceased  Persons. — The  probate  judge 
of  the  county  in  wliich  party  had  his  domicile,  grants  letters,  testamentary 
and  of  administration.  Letters  of  administration  are  granted  as  follows : 
1.  To  husband  or  wife  of  deceased.  2.  Or  if  no  husband  or  wife,  or  they 
do  not  apply,  to  the  child  or  children  or  their  legal  representatives.  3.  In 
default  of  them,  then  to  father  and  mother.  4.  In  default  of  them,  then  to 
brothers  and  sisters,  o.  In  defaidt  of  them,  then  to  such  of  next  of  kin,  in 
discretion  of  probate  judge,  as  shall  be  entitled  to  share  of  estate.  (>.  In 
default  of  such,  then  to  largest  creditor  or  creditors.  No  bond  is  required 
of  executors,  but  administrators  enter  into  bond,  with  sureties  in  double  the 
value  of  the  personal  estate.  An  exemplified  copy  of  a  foreign  will  mu.st  be 
filed  to  be  of  force.  Debts  payable  as  follows  :  1.  Funeral  and  testamen- 
tary expenses,  physicians'  fees  for  last  illness.  2.  Public  debts.  3.  Rents 
for  less  than  one  year.     4.  Secured  creditors.     5.  All  other  creditors  equally. 

Affidavits. — Before  whom  can  be  taken. — {See  Recording.) 

Aliens. — Possess  rights  of  citizens  respecting  i^roperty. 

Appeals, — From  trial  justice  and  probate  courts  to  circuit  court,  and 
from  circuit  to  supreme  court.     Appeal  from  trial  justice  court,  in  five  days  ; 

[S.  Car.  1.) 


SOUTH  CAROLINA.  711 

from  probate  court  in  fifteen  days ;  from  circuit  to  supremo  court  in  ten 
days.  Stay  of  execution,  can,  in  most  cases,  be  only  ettectcd  upon  givintj 
bond. — {See  Stay  of  Execution.) 

Arrest. — Is  made  in  civil  cases  under  following;  ciicunistanccs  :  1.  When 
money  has  been  received  or  pi'operty  fraudulently  misapplied  by  a  public 
officer  or  by  other  person  in  a  position  of  trust,  or  for  any  misconduct  in 
office.  2.  Where,  upon  action  to  recover  personal  property  the  defendant 
has  fraudulently  concealed  his  property  with  the  intent  that  neither  sheriff 
or  plaintitf  can  find  or  have  the  b<;netit  of  the  same.  ;5.  For  fraud  in  con- 
tractinjjj  a  debt  for  which  an  action  is  brought,  or  when  the  ol)ject  of  the  ac- 
tion is  damages  for  fraud  or  deceit.  4.  Wiien  disposition  of  his  i)roperty  has 
been  made  by  defendant  to  defraud  ereditors,  but  arrest  of  female  not  per- 
mitted in  any  action.  5.  In  case  of  absconding  debtors.  The  judge,  trial 
justice  or  cleik  of  court  having  iurisdiction  can  issue  arrest  warrant  in  such 
cases.  A  bond,  with  or  without  sureties,  securing  costs  and  damages  is 
necessary.     Up(m  proper  notice,  orders  of  arrest  may  be  set  aside  by  motion. 

Assignmeilts. — A  debtor  can  make  an  assignment  of  all  his  property  for 
the  benefit  of  his  creditors.  He  should  appoint  an  assignee  and  his  credi- 
tors meet  and  elect  an  agent  to  act  with  the  assignee.  The  creditors  also 
elect  a  committee  of  creditors  who  possess  a  supervisory  control.  No  pre- 
ferences are  allowed  in  assiginnents,  except  in  respect  to  public  debts.  Those 
creditors  who  have  agreed  by  a  fixed  time  to  accept  a  dividend  for  their 
share,  and  thereupon  give  a  release  for  their  whole  debt,  are  then  paid  out  of 
the  assigned  property,  and  then,  if  any  surplus  remains,  it  is  distributed 
among  the  non-accepting  creditors,  who  thereby  do  not  release  the  debtor 
from  any  portion  of  debt  due  them.  All  transfers  of  property,  to  secure  an 
antecedent  debt,  made  to  a  creditor,  with  knowledge  of  the  debtor's  insolvent 
condition,  within  ninety  days  befoie  assignment  for  benefit  of  creditors,  is 
void.  All  transactions  made  at  the  time,  in  good  faith,  and  for  present  valu- 
able consideration,  however,  are  valid.  Dower  is  not  extinguished  unless 
wife  releases  the  same.      [See  6.  S.  2005]. 

Attachment. — Allowed  in  actions  for  recovery  of  nioney,  or  of  property 
real  or  personal ;  and  damages  for  wrongful  conversion  and  detention  of  per- 
sonal property,  or  for  recovery  of  damages  for  injury  to  ]K'rson  or  property, 
or  against  corporations  created  under  the  law  of  any  otiier  state  or  against 
a  non-resident  or  absconding  or  consealed  defendant,  or  whenever  any  person 
or  corporation  is  about  to  remove  any  t)f  his  or  its  property  from  this  state, 
or  has  assigned,  disposed  of,  or  secreted,  or  is  about  to  assign,  dispose  of,  or 
secret  any  of  his  or  its  property,  with  intent  to  defraud  creditors,  the  plain- 
tiff at  the  time  of  issuing  the  summons,  or  at  any  time  afterwards,  may  have 
the  property  of  such  defendant  or  corporation  attached  as  hereafter  pre- 
scribed as  security  for  satisfaction  of  snoh  judgment  as  the  plaintiff  may 
recover  ;  and  for  the  purposes  of  this  section  an  action  shall  be  deemed  com- 
menced when  the  summons  is  issued  ;  provided,  hoicever,  that  personal  serv- 
ice of  such  summons  shall  be  made  or  iiublication  thereof  ctnnmenced  within 
thirty  days.  Judge  or  clerk  of  court  can  issue  warrant  of  attachment;  when 
under  one  hundred  dollars,  tiial  justice.  Affidavit  must  be  filed  within  ten 
days  in  the  court  issuing  warrant,  said  affidavit  stating  one  or  more  grounds 
of  attachment  above  mentioned.  Plaintiff  must  give  bond,  with  two  resi- 
dent {sureties,  to  the  amount  of  two  luuidicd  and  fifty  dollars,  securing 
costs  and  damages  if  the  defendant  recover  judgment.  In  trial  justice  court 
bond  is  twenty-five  dollars.  Attaehnu^nts  can  be  set  aside  on  motion  with 
due  notice.  One  non-resident  can  attach  the  property  of  another  non-resi- 
dent. Attachments  are  allowed  on  all  property  subiect  to  seizure  under 
execution. 

Banks  and  Bankers. — Chai-t<>rs  of    banks  are  i)rovided  for  by   statute. 
And  such  acts  provide  also  for  its  management.      Incorjioration  is  not  as- 
[S.  Cai.  2,1 


712  feOl  TH   CAROLINA. 

sential  ;  but  sucii  come  under  certaiu  parts  of  tlie  banking  laws,  on  grounds 
of  public  policy. 

Incorporated  banks  must  report  to  the  comptroller  general,  and  also  must 
make  quarterly  publication.  Liability  of  stockholders  is  par  value,  if  i)aid 
in  shares,  together  ■\vith  live  per  cent,  thereof  additional. 

Bills  of  Exchange  and  Promissory  Notes. — Can  be  assigned  and  are  ne- 
gotiable according  to  general  law  merchant,  and  are  governed  by  general 
law  on  subject  of  commercial  paper.  If  drawn  before  death  and  negotiable 
after  death,  by  authorized  agent;  are  valid  against  estate  of  maker,  provided 
acceptor  was  ignorant  of  principal's  death,  and  negotiation  occur  within  nine 
months  after  di'awer's  death.  All  time  and  sight  papers  have  three  days' 
grace.  If  no  payment  or  acceptance,  inland  bills  and  bills  of  exchange 
may  be  protested,  and  indorsee  is  not  bound  unless  protest  be  made.  If, 
however,  inland  bill   be  less  than  $100,  no  protest  necessary. 

Bills  of  Lading,  Warehouse  Receipts. — No  special  laws  on  the  subject. 
General  commercial  law  recoguizeil  and  iullowed. 

Chattel  Mortgages. — If  recorded  wlthiii  fourtydays,  are  notice  from  date 
of  execution,  if  after  fourty  days,  take  effect  as  to  third  jjaiiies  without 
notice  from  date  of  record.  For  purjjose  of  reitord,  one  witness  is  necessa- 
ry ;  and  he  must  make  proof  before  notary  public  as  in  real  estate  mort- 
gages. Mny  cover  stock  of  goods,  and  future  increase,  and  mortgagor  may 
continue  in  possession  and  dispose  of  same,  without  being  prima  facie  evi- 
dence of  fraud.  Foreclosure  effected  by  mortgagor  taking  possession  and 
selling,  after  advertisement  of  sale  for  not  less  than  fifteen  clays,  in  some  well 
known  newspaper,  or  court  house  door,  unless  agreement  in  writing  by  mort- 
gagor for  shortening  time. 

Claims  against  Decedents"  Estates. — (See  Administration').  Executor 
and  administrator  advertise  for  all  claims  against  estate.  Creditors  must  file 
claims  after  property  made  out,  with  executor  or  administrator,  and  must 
make  athdavit  that  amount  is  justly  due  and  that  there  are  no  oft-sets  by  dis- 
count or  otherwise.  If  creditor  lives  within  state  of  deceased,  affidavit  may 
be  before  notary  public  or  any  officer  duly  qualified  to  administer  an  oath. 
If  creditor,  however,  lives  without  the  state,  oath  may  be  administerd  before 
commissioner  of  deeds  for  South  Carolina,  or  before  notary  public,  with 
certificate  of  clerk  of  court  of  record,  with  seal  annexed  that  such  notary 
is  a  notary.  Executor  or  administrator  allowed  a  year  and  a  day  before 
satisfying  claims  against  estate.  If  a  judgment  be  recovered  against  exec- 
utoror  administrator,  on  debt  contracted  during  life  time  of  deceased,  lands 
may  be  sold  to  satisfy,  if  provided  they  be  not  already  sold  ;  if  lands  already 
partitioned,  the  heirs  must  be  parties  to  action.  If  assets  of  estate  are  iji- 
sufficient.  to  pay  all  the  debts  of  estate,  the  creditors  are  paid  ratably. 

Conditional  Sales  of  Personal  Property. —Are  void  as  to  third  parties 
having  no  notice  of  same,  unless  recorded  in  same  manner  as  mortgages,  and 
other  deeds  requiring  record. 

Corporations.— Regulated  by  general  incorporation  act  or  by  special 
charters. 

It  shall  constitute  a  part  of  the  charter  of  every  corporation  other  than 
railroad  corporations  already  in  existence  under  act  of  assembly  of  this  state, 
either  general  or  special,  passed  since  adoption  of  present  constitution  or 
wliich  may  be  at  anytime  hereafter  created  under  or  l)y  virt,ue  of  any  act  of 
assembly,  either  general  or  spe(nal,  luiless  some  other  liability  has  been  or 
shall  be  imposed  on  stockholders  thereof  under  such  charter,  (in  which  case 
liabilities  shall  bo  only  such  as  specified  in  such  charters)  that  each  stock- 
holder in  said  corporation  shall  be  jointly  and  severally  liable  to  the  creditors 

[ft.  Car. :{.] 


SOUTH  CAROLINA. 


•13 


thereof  in  an  amount  besides  the  value  of  his  sliare  or  shares  therein  not 
exceedinfi,-  live  per  cent,  of  the  par  value  of  the  !<liare  or  shares  held  by  him 
at  the  time  tlie  demand  of  creditor  was  created,  provided  that  such  demand 
shall  have  been  payable  witliin  one  year  ;  provided,  also,  that  proceedings  to 
hold  such  stockholder  liable  thercfijre  shall  be  comineuced  while  he  remains 
a  stockholder  therein,  or  within  two  years  after  lie  shall  have  ceased  to  be 
such  stockholdei'.  Le<,nslature  can  amend  or  repeal  all  charters  under  a 
recent  full  and  ])articular  act,  chaiiers  can  be  obtained  easily,  readily  and 
with  full  i)owers,  etc.,  from  the  secretary  of  state,  in  iirojjcr  application. 
Foreign. — Regulated  by  statutes. 

Costs. — Non-resident  jiartics  may  be  rc<|uired  to  give  .security  for.  {See 
Security  for  cost.) 

Courts. — Terms  and  jurisdiction  of. 

Trial  aiidJiiKtice  Courts  have  civil  jurisdiction  over  all  cases  involving 
$1U0,  and  under. 

Cotainon  Pleas  has  jurisdiction  of  all  civil  cases. 

Probate  Courts  (in  each  county)  have  jurisdiction  over  wills  and  adminis- 
tration, and  matters  therewith  coiuiected,  and  also  relating  to  minors  ;  over 
dower,  and  over  idiots,  lunatics  andpersou  non  eomposmentis.   (See  Ap'peals.) 


Court  Calendar.- 


UNITED  BTATES  COURTS. 


(liicf  Justice  fiuprcme  Court,  Morrison  R.  Waite.  C'irrtiit  Jndffe,  Hugh  It.  Bond,  of 
Baltimore.  JJi.stiicl  Ju(l;/c,  George  S.  Bryan,  of  C'liarlestoii.  Dislrict  Attorney,  L.  F. 
Youmans,  Columbia.  Mdrxhal,  K.  Miller  lioykiii,  Charleston.  Clerk  of  Circuit  Court, 
James  E.  Ila'.'rood,  Cliarleston.     Clerk  of  I)i.s/rict  Court,  K.  M.  Seabrooli,  Charleston. 

Termi  of  the  Circuit  Court.— At  Chaiieston  on  tlie  1st  Monday  in  April.  At  Colum- 
bia on  the  4th  Monday  in  November.  Default  judgments  can  also  be  taken  on  the  1st 
Monday  in  each  month,  in  liquidated  amf)unts,  notes,  sworn  to  accounts,  etc.,  over 
$2000  in  amount,  by  citizens  of  different  stales,  where  there  Is  no  defense. 

Terms  of  District  Court.— At  Cliarkston  1st  Mondays  in  January,  May,  July  and 
October.  At  (Jreenville  (with  Circuit  Court  i)o\vers).  on  the  1st  Monday  in  August. 
F'or  routine  and  ordinary  business,  and  for  admiralty  jurisdiction,  the  District  Court 
is  always  in  session. 

STATE    COITRT.S. 
SUPREME  COURT. 

(Jiief  Jitslirc.  W.  D.  Simpson,  of  liaurens.  Associate  Justices,  i*,ii,m\\<A  Mc(Jowan,of 
Abbeville,  and  Henry  Mclver,  of  Cheraw. 

Terms.-At  ("olumbla  1st  Tuesday  in  April  and  1th  Tuesday  in  November. 

CIRCUIT  COURT. 

Consists  of  Court  of  General  Sessions  (criminal)  and  Court  oj'Comnwn  Pleax  (civil). 
The  following  is  the  calendar  of  the  Circuit  Courts  : 


TIMES  OF  HOLDING  COURT. 

Common  J'lea,i. 


Cwtnties  comprisinij 

Ju.dieial%ircuit.        General  Sessions. 

I  Charleston. .  .  Feb.  21,  June  20,  Nov.  14  Feb.  28,  June  27,  Nov. 

I  ;  Berkeley  .   .   .  Feb.  7.  June    (i,  Oct.   10  February 9, .Oct. 

'  Orangeburg.  .  .Ian.  10,  May  2,  Sept.  19  Jan.  12,  May  4,  Sept. 

-,  Sept. 
-,  Oct. 
-,  Oct. 
-,  Sept. 
-,  Nov. 


r  Aiken April  11,  June  20,  Sep.  20    April   \\ 

1  Hampton  .  .   .  March  7,  June  ]■'.,  Oct.  10    March  9, 


2  j  Colleton 
'  Beaufort. 
L  Barnwell 


Fe)).  21,  June  (i,  Oct.  21 
Feb.  7.  May  ■_'.!,  Sept.  12 
Mar.  21,  July  11,  Nov.  14 


28,   -- 


Sumter Feb.  21,   May  2:?,  Oct.  10 

Clarendon  .  .  Fel).  14,  May  16,  Oct.  24 
Williamsburg  Feb.  7,  May  9.  Oct.  'SI 
Georgetown    ..Ian.  31,  May  2,  Nov.  7 


Feb. 
Feb. 
March  2;?, - 

Feb.  21, 
Feb.  1(1, 
Feb.  9, 
Feb.  2, 


r  Chesterfield, 
.     i'  Marlbon...  , 

4  \  Darlington  . 
'.  Marion  .  .  . 
I  Horry 

r  Kershaw.  .  . 

5  )  Lexington  . 
1  Edgefield  .  . 

f  Richland. .  . 
fS.  Car.  4.1 


Feb.  7,   Mav  2.^,   Sept.  5  Feb.  9, 

Fel).  21,  May  HO,  Sept.  19  Feb.  '2:i, 

March  7,  June  6,  Oct.  24  March  9, 

March  2S,  J une  1;?,  Oct.  U  March  HO, 

Mar.  21,  June  20,  Oct.  17  March  2.{, 


-.  Oct. 
-,  Oct. 
-,  Nov 
-,  Nov 

-,  Sept.  7 
-,  Sep.  21  , 
-,  Oct.  20 
-,  Oct.  .5 
-,  Oct.  19  , 


.  Feb.  7,  June  0,  Sept.  .'i 
.  F.I).  21,  June  l;5,  Sept.  19 
.  .March  7,  Aug.  1,  Nov.  14 
.  Miirch  28,  June  27,  Oct.  .{ 


Feb.  10,        

Feb.  2H.        

Man-h  14,  

April  4,  July  4, 


•,  Sept.  S  , 

•,  Sep.  21 

,  Nov.  21 

Oct.  10 


Count}/  Seal. 
,  Charleston. 

Mt.  Pleasant. 
,  Orangeburg. 

,  Aiken. 
,  Hampton. 
.  Walterboro. 
,  Beaufort. 
,  Barnwell. 

,  Sumter. 

iManning. 
,  Kingstree. 
,  Georgetown. 

Chesterfield. 
Bennettsville. 
Darlington. 
,  Marion. 
.  Conwayb'o'. 

Cainden. 
Lexington. 
,  Edgefield. 
Columbia. 


■14 


f^OUTH   CAROLINA. 


TIMES  FOR.  HOLDING  COURT. 
General  Sessions.  Common  Pleas. 


Counties  comprising 
the 

Judicial  Circuit. 

(  Pairfleld  .  .  .  Feb.  21,  June  1.3,  Sep.  19    Feb.  23, 
6  1  Lancaster.  .  .  March?,  June  20,  Oct.  3    March  9, 

)  Chester  .   .   .   .  Mar.  21,  June  27,  Oct.  17    March  23, 

(York. April  4,  July  4,  Oct;.  31    April  6, 


-,  Sep.  21  . 
-,  Oct.  5  . 
-,  Oct.  19  , 
-,  Nov.  2  , 


County  Seat. 

Winnsboro.' 
Lancaster. 
Chester. 
Yorkville. 


Newberry 
Laurens  , 
Union 


.  Feb.  7.  July  11,  Nov.  14  Feb.  9, 
.  Feb.  21,  July  4,  Sept.  19  Feb.  23, 
.  March  7,  July  18,  Oct.  3    March  9, 


— ,  Nov. 10  .   .  Newberry. 
— ,  Sep.  21  .   .  ijaurens. 
— ,  Oct.  5  .   .  Union. 
Spartanburg  .  Mar.  21,  July  25,  Oct.  17    March  23,  July  27,  Oct.  19  .   .  Spartanburg 


f  Pickens .  . 
.  Abbeville. 
8  \  Anderson   , 
'  Oconee  .   . 
I  Greenville 


Jan.  17,  June  6,  Sept,  19  Jan.  19,  June  8,  Sept.  21  .   .Pickens. 

Jan.  31,  June  13,   Oct.  17  Feb.  2,  June  15,  Oct.  19  .   .  Abbeville. 

Feb.  28,  June  20,  Oct..  3  March  2,  June  22,  Oct.  5  .  .Anderson. 

Mar.  14,  June  27,  Oct.  31  Mar.  Ifi,  June  27,  Nov.  2  .   .  Walhalla. 

•  Mar.  28,  July  4,  Nov.  14  Mar.  30,  July  6,  Nov.  16  .  .Greenville. 


PROBATE  COURT. 
Always  open.    The  regular  session  is  held  on  the  first  Monday  of  each  month. 

Curtesy. — Tenancy  by:  none  in  this  state  since  1883. 

Deeds. — Of  real  estate  must  be  under  seal,  executed  in  presence  of,  and 
subscribed  to,  by  two  credible  witnesses.  Within  forty  days  from  date,  must 
be  recorded  in  office  of  register  of  mesne  conveyance  of  county  in  which 
property  is  situated.  This  is  necessary  to  affect  third  parties  without  notice, 
from  date  of  execution.  In  order  to  be  recorded,  subscribing  witness  must 
prove  execution  by  affidavit  in  county,  before  an  officer  within  this  state,  ca- 
pable of  administering  oaths,  or  before  a  commissioner  of,  or  commissioners 
appointed  by  dedimus,  from  court  of  common  ^ileas  of  county  in  which  instru- 
ment is  to  be  recorded  ;  or  if  without  state  and  within  United  States,  before 
commissioner  of  deeds  of  South  Carolina,  under  his  official  seal,  or  before 
clerk  of  court,  tinder  his  official  seal,  or  before  notary,  with  his  official  seal 
and  certificate  from  clerk  of  a  court  of  record  of  the  county  in  which  affida- 
vit is  made  to  the  effect  that  such  notary  is  a  notary  ;  or  if  without  the  United 
States,  before  consul  or  vice-consul  of  the  United  States.     (See  Dower.) 

Statutory  Form  of  Deed  with  proof  and  Renunciation  of  Dower. 

State  of  South  Carolina, 

County  op  . 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  in  the  state  afore- 
said, have  granted,  bargained,  sold,  and  released,  and  by  these  presents,  do 
grant,  bargain,  sell,  and  release  unto  C.  D.,  all  that  (description  of  prem- 
ises), together  with  all  and  singular  the  rights,  members,  hereditaments  or 
appurtenances,  to  the  said  premises  belonging  or  in  anywise  incident  or  ap- 
])ertaining  :  To  have  and  to  hold  all  and  singular  the  piemises  before  men- 
tioned, unto  tlie  said  C.  D.,  his  heirs  and  assigns  forever.  And  I  do  hereby 
bind  myself,  my  heirs,  execittors  and  administrators,  to  warrant  and  forever 
defend  all  and  singvilar  the  said  premises  unto  the  said  C.  D.,  his  heirs  and 
assigns,  against  myself  and  my  heirs,  and  against  any  person  whomsoever, 
lawfully  claiming  or  to  claim  the  same,  or  any  part  thereof. 

Witness  my  hand  and  seal,  this day  of ,  in  the  year  of  our  Lord 

18 — ,  and  in  th(!  year  of  the  independence  of  the  United  States  of  America. 
[seal.]  

Certificate  of  Proof  by  Subscribing  Witness. 

State  of  .  } 

County  of  .  <i     ' 

Personally  appeared  before  me,  John  Doe,  and  made  oath  that  he  savr 
A.  sign,  seal,  and  as  his  act  and  deed,  deliver  the  within  written  deed,  and 

that  lie  with witnessed  the  executions  thereof. 

Sworn  to  before  mts  this >  j^j^ ^^  j^^-^ 

day  of ,  A.  D,  lo — .        ^ 

[seal.]  {Signature  and  title  of  officer.) 

IS.  Car.  5.1 


SOUTH  CAROLINA.  715 

No  acknowledgment  by  corporations  in  this  state,  proof  by  witness  as  in 
deeds  of  individual. 

Proof  of  Dexd  of  Corporation. 

Before  me  personally  appeared ,  and  made  oath  that  he  saw  above- 
named  corporation,  by  its  president,  sign,  seal,  and  deliver  above  instrument, 
and  by  its  secretary,  affix  its  seal,  and  that  he,  with  (other  witness)  witnessed 
the  execution  thereof. 

Sworn  to  bef..re^me,this_--  J  ^,.^^^^^^^^  ^^  ^^^,^^^_^ 

[seal.]  (Signature  of  Officer.) 


-.1 


Renunciation  of  Dower. 

State  op  

County  of 

I, ,  (judge,  trial  justice  or  other  officer,)  do  hereby  certify  unto  all 

whom  it  may  concern,  that  ,  wife  of  within-named ,  did,  this  day, 

appear  before  me,  and  upon  being  private  and  separately  examined  by  me, 
did  declare  that  she  does  freely,  voluntarily,  and  without  any  compulsion, 
dread,  or  fear,  of  any  person  or  persons  whomsoever,  renounce,  release,  and 

forever  relinquish  unto  the  within-named ,  his  heirs  and  assigns,  all  her 

interest  and  estate,  and  also  all  her  right  and  claim  of  dower,  of,  in,  or  to,  all 
and  singular  the  premises,  within  mentioned  and  released. 

Given  under  my  hand  and  seal,  >  /  Tir-4  ■  u-       *        x 

this day  of  -— .  A.  D.  18-.      \  ^  W%tnesHc><    .Stf,natuTe.) 

[seal.]  {Officer^''  Signature.) 

Descent  and  Distribution. — Real  and  personal  property  of  intestate,  gov- 
erned by  same  rules,  and  distribution  as  follows  :  I.  Widow's  share  one- 
third,  and  children's  two-thirds,  divided  among  them  equally,  (int-luding  pos- 
thumous child.)  If  widow  claims  her  share,  she  is  barred  dower.  Lineal  de- 
scendants represent  parents,  and  divide  among  them  their  i)arent's  share ; 
TI.  If  the  deceased  have  no  children  or  lineal  descendants,  but  leaves  widow 
and  jnaother  or  father,  and  brothers  and  sisters  of  the  whole  blood,  widow  is 
entitled  to  one-half  of  estate,  and  other  half  is  equally  divided  among  the 
father,  or  if  he  be  dead,  mother,  and  brothers,  and  sisters  of  the  whole  blood, 
the  issue  of  deceased  brother  or  sister,  to  rei>resent  parent.  But  if  intestate 
leave  no  widow,  widow's  share  is  divided  among  said  brothers  and  sisters. 
Married  woman's  property  distributed  in  the  same  manner.  Aliens  can  in- 
herit as  citizens. 

Depositions. — May  be  issued  by  any  judge  or  clerk  of  circuit  court,  to 
party  to  suit  pending  in  common  pleas  court  in  his  county.  Such  application 
may  be  made  by  party,  or  his  agent  or  attorney.  Commission  is  granted 
under  seal,  to  three  or  more  commissioners,  to  take  depositions  in  writing,  of 
witnesses  mentioned  in  commission,  residing  without  state  or  county,  or  more 
than  one  hundred  miles  from  place  of  trial,  or  about  to  remove  from  state 
before  trial,  or  who  is  unable  to  attend  trial  on  account  of  offi<ial  or  ])rofes- 
sional  duty,  or  sickness  which  incapacitates  from  travelling.  ^lust  be  ten 
days'  notice  of  application,  with  affidavit  of  applicant  as  to  materiality  of 
witness,  and  facts  authorizing  taking  of  deposition.  Any  two  of  the  com- 
missioners may  take  the  depositions. 

Commissioners  may  first  take  following  oath  : 

"  You  shall,  according  to  best  of   your  knowledge,  tnily,  faithfully,  and 
without  partiality  to  any  one,  or  either  of  the  parties  and  witnesses,  take  the 
[S.  Car.  6.] 


716  SOUTH  CAROLINA. 

examination  an<l  deposition  of  all  and  every  witness  and  witnesses,  produced 
and  examined  by  virtue -of  the  commission  hereunto  annexed,  upon  the  inter- 
roo-atories  now  produced  and  left  with  you.  And  you  sludl  not  publish,  dis- 
close or  make  known  to  any  person  or  persons  whomsoever,  except  the  clerk 
or  clerks  by  you  employed,  and  sworn  to  secrecy  in  the  execution  of  this  com- 
mission, the  contents  of  all  or  any  of  the  depositions  of  the  witnesses,  or  any 
of  them  to  be  taken  by  you  and  the  otlier  commissioners,  in  the  commission 
named,  or  any  of  them,  by  virtue  of  said  commission,  untU  publication  shall 
pass  by  rule  or  order  of  tlie  said  court.     So  help  you  God." 

Any  one  commissioner  may  administer  oath  to  other  two.  They  are 
authorized  and  required,  jointly  and  separately,  to  administer  oath  to  clerk 
•employed,  before  .such  clerk  is  permitted  to  be  present  at  examination. 
Following  is  clerk's  oath;  "you  shall  truly,  faithfully,  and  without  partial- 
ity to  any  or  either  of  the  parties  in  this  cause,  take  and  write  down,  trans- 
cribe and  engross  the  depositions  of  all  and  every  witness  and  witnesses,  pro- 
duced befoi-e  and  examined  by  the  commissioners,  or  any  of  them,  named  in 
the  commission  hereunto  annexed,  as  far  forth  as  you  are  directed  and  em- 
ployed by  the  said  commissioner  or  any  of  them,  to  take  and  write  down 
and  engross  the  said  depositions,  or  any  of  them.  And  you  shall  not  pub- 
lish, disclose  or  make  known  to  any  person  or  persons  whomsoever  the  con- 
tents of  all  or  any  of  the  depositions  of  the  witnesses,  or  any  of  them,  to  be 
taken  or  written  down,  transcribed,  or  engrossed  by  you,  or  whereto  you 
•shall  have  recourse,  or  be  anj'  ways  privy,  until  publication  .shall  pass  by 
rule  or  order  of  the  said  court.     So  help  you  God." 

The  depositions  of  the  witnesses,  which  are  taken  after  the  witness  is 
sworn,  and  follow  tlie  interrogatories  which  are  .sent  with  the  commission 
are  to  be  signed  by  the  witness  and  attested  by  the  commissioners.  When 
the  interrogatories  and  depositions  are  to  be  annexed  to  the  commission  and 
must  be  enclosed  and  sealed.  The  package  must  have  the  name  of  the  cause 
written  plainly  on  the  outside,  atone  corner,  and  sealed  with  the  commission- 
er's seals,  with  their  names  surcharged  over  the  seals  and  directed  to  clerk  or 
register,  signing  the  commission.  The  package  must  contain  on  the  outside, 
in  the  writing  of  one  of  the  commissioners,  words  to  the  eifect  that  it  was 
deposited  by  him  in  the  post  office.  This,  of  course,  if  it  is  to  be  .sent  by 
mail. 

Testimony  may  also  be  taken  de  bene  esse.     (See  act  of  1883). 

Divorce. — Not  allowed. 

Dower. — Exists  in  this  state.  Wife  is  entitled  to  one-third  of  all  real  es- 
tate of  which  the  husband  was  seized  dviring  coverture.  It  is  usually  re- 
nounced on  the  husband's  deeds.  [See  Deeds).  If  not  claimed  within  ten 
years  after  husband's  death,  wife  is  barred  of  dower.  Equity  values  dower 
at  one-twelth  before  the  death  of  the  husband,  and  at  one-sixth  after  death 
of  husband. 

Evidence. — Parties  in  interest  can  testify  for  themselves  in  civil  and  crim- 
inal actions.  In  all  actions  against  executor  party  in  interest  can  not  testi- 
fy unless  executor  testifies  also.  It  is  taken  orally  in  open  court  or  the  trial 
of  the  cause,  or  by  referee  or  master,  or  de  bene  esse  or  by  deposition.  The 
ordinary  rules  of  evidence  api>ly. 

Executions. — Issue  at  once,  and  are  returnable  in  sixty  days.  They  are 
of  force  for  ten  years  and  then  can  be  renewed  bj'  proceedings  in  court.  If 
issued  against  married  women  they  must  be  against  her  se2)arate  estate.  {See 
Judfjments). 

Executors. — General  rides  apply.     {See  Administration.) 

Exemptions. — Every  head  of  family  is  entitled  to  a  homestead  in  his  real 
estate  to  a  value  not  exceeding  one  thousand  dollars,  in   his   jjcrsonal   prop- 

[S.  Car.  7.] 


SOUTH  CAROLINA.  717 

erty  not  exceeding  five  Imudred dollars.  But  no  property  is  exempt  from 
attachment,  levy  or  sale,  for  taxes  or  for  payment  of  obligations  con- 
tracted for  the  payment  of  said  homestead  or  the  erection  of  improvements 
thereon,  and  the  yearly  products  of  said  homestead  shall  not  be  exempt  fronj 
attachment,  levy  or  sale,  for  the  payment  of  obligations  contracted  in  the 
production  of  the  same.  It  can  not  be  claimed  against  mortgage  covering 
the  homestead.  It  can  not  be  alienated  except  for  the  purpose  of  purchas- 
ing another.     Homestead  does  not  prevail  against  distrain  for  rent. 

Factors. — Governed  by  common  law  applicable  to  them.  By  statute  fac- 
tors, receiving  cotton,  corn,  rice,  and  such  commodities  for  sale,  and  appro- 
priating them  to  their  own  use,  or  selling  them  and  not  paying  over  proceeds, 
are  guilty  of  fraud  and  embezzlement.  Commission  merchants  buying  such 
commodities  and  not  paying  for  them,  also  guilty. 

False  Pretense. — (See  Arrest  and  Attachment.) 

Frauds,  Statute  of. — Unless  part  payment  or  delivery  parole  contracts 
for  the  sale  of  goods  amounting  to  more  than  SoO,  are  void ;  i)arole  agreements 
or  promises  to  pay  the  debts  of  others  are  void.  Parole  gifts,  verbal  agree- 
ments, reserving  rights  in  personal  property,  parole  promise  of  adult  to  pay 
debt  contracted  when  a  minor,  parole  representations  in  the  nature  of  a 
guaranty,  are  void.  Parole  leases,  and  estates  in  land  longer  than  one  year, 
are  regarded  as  estates  at  will,  and  leases,  etc.,  are  not  assignable  by  parole. 
Parole  agreements  for  contract,  not  to  be  performed  within  one  year,  are  void. 

Ganiisliment. — {See  Attachment.) 

Grace. — Three  days  of  grace  are  allowed  on  all  time  and  sight  papers. 

Homestead. — ( See  Exemptions. ) 

Insolvent  Laws. — {See  Assignments.) 

Interest  and  Usury. — Legal  rate  of*  interest  in  this  state  7  per  cent,  per 
annum,  except  on  written  contracts  and  then  it  can  exceed  10  per  cent.,  and 
that  by  express  agreement.  If  a  greater  rate  of  interest  is  charged  no  court 
in  this  state  will  allow  any  portion  of  the  interest  to  be  recovered.  And  the 
legal  debt  or  measure  of  damages,  without  costs,  shall  be  the  principal  sum, 
or  value,  without  interest.  An  additional  forfeiture  of  double  the  sum  re- 
ceived where  greater  interest  is  collected  can  be  collected  by  a  separate  action 
or  allowed  as  a  counter-claim  to  any  action  brought  to  recover  the  principal 
sum. 

Judgments. — On  real  estate,  judgments  are  a  lieu,  for  ten  years  after  date 
of  entering  up  same.  They  can  be  revived,  however,  by  proper  proceedings. 
Are  valid,  prima  facie,  for  twenty  years  without  revivor,  but  after  that  time 
plaintiff  must  show  non-satisfaction.  All  entered  at  same  day  are  of  equal 
rank.  On  personal  property,  are  liens  only  after  levy,  and  remain  such  for 
four  months.  Sale  of  real  estate  under  judgment  does  not  bar  dower. 
Judgments  in  trial  justice  court  amounting  to  $25  and  upwards  can  be  dock- 
eted in  circuit  court  and  then  become  judgments  of  that  court.  They  are 
entered  up  five  days  after  adjournment  of  court  at  which  they  are  taken. 
By  filing  transcript  of  judgment  of  circuit  court  of  one  county  in  another 
county,  they  are  made  judgments  of  latter  counties  from  such  date. — {See 
Executions. ) 

Justices  of  the  Peace. — Trial  justices  take  their  places  in  this  state. — 
{See  Courts  and  Appeals.) 

Landlord  and  Tenant, — Distraint,  to  the  extent  of  one  year's  rent  in  ar- 
ts. Car.  8] 


718  SOUTH  CAROLINA. 

rears,  of  force.  Leases  for  over  one  year  to  be  recorded.  Leases  terminate 
at  time  stated.  Parole  lease  only  valid  for  one  year.  Tenants  can  be  ejected 
for  non-payment  of  rent.  Tenants  holding  over  are  ejected  by  trial  justices 
after  notice.  Ordinary  law  prevails  as  to  the  relation  of  landlord  and 
tenant. 

Leases. — {See  Landlord  and  Tenant.') 

License. — No  state  license  required  for  commercial  travelers.  Daily  or 
weekly  license  were  required  in  some  towns  and  cities  until  recent  decisions 
in  United  States  superior  courts.     Not  required  now. 

Liens. — Certain  statutory  liens  on  crops  and  against  buildings  and  vessels. 
Liens  on  crops  in  fav-or  of  persons  malting  advances  and  also  landlord  for 
rent.  When  for  advances,  must  be  in  writing  with  principal  parts  of  agree- 
ment. Mechanit-s'  liens  will  not  attach  unless  the  owner  is  notified  ;  is  not 
of  force  against  a  mortgage  actually  existing  and  duly  recorded  at  time  the 
c(mtract  is  made  for  the  labor  or  materials.  Such  lien  must  be  recorded 
within  ninety  days  from  the  time  when  labor  and  materials  cease  to  be  fur- 
nished. Suit  must  be  begun  within  six  months  after  labor  and  material  have 
ceased  to  be  furnished.  Lien  on  vessels,  contractor  with  owner  or  agent  for 
repairs,  supplies,  etc.,  for  ship  has  a  lien  for  labor  performed  and  materials 
used,  whicli  shall  be  preferred  to  all  other  liens,  except  mariners'  wages. 

Limitations  of  Actions  or  Suits. — For  recovery  of  real  estate  must  be 
brought  within  ten  years.  Persons  under  legal  disability  have  ten  years 
after  disability  ceases.  Twenty  is  limit  for  actions  against  real  estate,  in 
which  the  state  is  c<mcerned.  Twenty  years  is  limit  in  following  cases  : 
1.  Judgments.  2.  Decrees.  8.  Bond  or  contract  in  writing,  secured  by 
mortgage  of  real  estate.  Other  contracts,  notes,  instruments  under  seal  or 
otlierwise,  accounts,  otlier  liablities,  express  or  implied,  six  years. 

Limited  Partnerships. — Not  allowed  for  banking  or  insurance,  but  for 
agricultural,  mechanical,  mercantile,  mining  or  manufacturing  business,  or 
for  ti-ansportation  of  coal.  Aiticles  of  co-partnership  must  state  amount  of 
special  partners'  caj^ital  contribution,  such  amount  must  be  in  cash.  Amount 
of  capital  contributed  is  the  limit  of  liability.  Partners  must  sign  a  certifi- 
cate setting  fortli  firm  name,  nature  of  business,  names  and  designations  of 
the  general  and  special  partners,  their  places  of  residence,  amount  of  special 
partners'  capital  contribution,  beginning  and  end  of  term  of  iiartnei-ship. 
This  certificate  must  be  recorded. 

Married  Women. — (Constitution  Sec.  8,  Art  14.)  "The  real  and  personal 
property  of  a  woman,  held  at  the  time  of  her  marriage,  or  that  which  she 
may  thereafter  acquire,  either  by  gift,  grant,  inlieritance.  devise,  or  other- 
■wise,  shall  not  be  subject  to  levy  and  sale  for  her  husband's  debts,  but  shall 
be  held  as  her  separate  property  and  may  be  bequeathed,  devised  or  alienated 
by  her,  the  same  as  if  she  were  unmarried.  Provided,  That  no  gift  or  grant 
from  the  husband  to  the  wife  shall  be  detrimental  to  the  just  claims  of  the 
creditors." 

The  real  and  personal  property  held  by  a  woman  at  the  time  of  her  mar- 
riage, or  obtained  by  her  afterwards  is  her  separate  property,  and  she  may 
aliene,  devise  or  bequeath  it  as  if  she  were  unmarried.  In  case  of  her  death 
it  is  distributed  in  same  manner  as  with  men.  She  can  contract  and  be  con- 
tracted  with  as  to  her  separate  estate.  Execution  against  her  must  be  made 
against  her  separate  estate.  Her  husband  need  not  be  joined  with  her  in 
conveyance.  She  cannot  endorse  her  husband's  note  unless  such  note  be  for 
the  benefit  of  lier  separate  estate.  Legal  age  is  21  years.  Mortgage  to 
secure  husband's  debt,  void.  Great  care  advised  in  dealings  with  them  as 
they  cannot  legally  contract  debts  in  general  business. 

Mechanics'  Liens.— (>S«e  Liens.) 

[S.  Car.  9-1 


SOUTH  CAROLINA.  719 

Minors. — Twenty-one  years  is  date  for  majority  for  both  sexes. 

Mortgages  of  Real  Estate. — Together  with  deeds  of  trust,  same  manner 
and  form  as  deeds  of  real  property  with  regard  to  their  making  and  execution, 
with  addition  of  defeasance  clause,  require  two  witnesses.  Subject  also 
to  same  probate  and  recording  I'ules.  May  secure  bond,  notes,  agreements, 
accounts,  etc.  Foreclosure  by  civil  action  in  common  pleas.  Power  of 
sale  in  case  of  non-payment,  sometimes  inserted. 

Notes  and  Bill  of  Exchange.— (-See  Bills  of  Exchange.) 

Oaths  and  Affidavits. — {Sec  Deeds  and  Forms.) 

Partnerships. — Xo  special  laws,  except  as  to  limited  partnerships. 

Promissory  Notes. — (See  J] His  of  Exchange.) 

Practice. — In  18G8-70,  ;•  code  was  adopted  similar  to  New  York  code,since 
then  has  been  changed  in  minor  points,  from  time  to  time,  and  now  exists  as 
revised  code  of  1882. 

Proof  of  Claims. 

State  of  ') 

coukty  of  s  ""' 

Personally  appeared  before  me a  member  of  the  firm  of and 

made  oath  that  the  above  account  is  a  just,  true  and  correct  account  due 

by for  goods  sold  and  delivered  to   him,    at   his   request,    by , 

between  the  dates  of and ,  and  that  there  are  no  off-sets  thereto 

by  discount  or  otherwise. 

Sworn  to  before  me  \ 

this day  of A.  D.    !i  {Signature  of  Deponent.) 

18— 

[l.  s.]  {Signature  and  Title  of  Officer.) 

Affidavit  must  be  taken  before  some  officer  as  in  case  of  proof  of  deeds. 
In  proving  open  accounts,  books  are  referred  to  or  admissions  of  party  put 
in  evidence.  Subscribing  witness,  or  proof  of  hand-writing  proves  written 
instrument. 

Recording. — Before  any  deed  or  instrument  in  writing  can  be  recorded  in 
the  projier  office  witliin  this  state,  the  execution  thereof  shall  first  be  proved 
by  the  affidavit,  in  writing,  of  a  subscribing  witness  to  such  instrument,  taken 
before  some  officer,  within  this  state,  competent  to  administer  an  oath,  or 
before  a  commissioner,  or  commissioner  appointed  by  dedimus  issued  from 
the  court  of  common  pleas  of  the  county  in  which  the  instrument  is  to  be  re- 
corded ;  or  if  taken  without  the  limits  of  the  state,  and  within  the  United 
States,  before  a  commissioner  of  deeds  of  this  state,  or  before  a  clerk  of  a 
court  of  record,  who  shall  certify  the  same  under  his  official  seal,  or  before 
a  notary  public,  who  shall  affix  thereto  his  official  seal,  and  accompany  the 
same  with  a  certificate  as  to  his  official  character  from  a  clerk  of  a  court  of 
record  of  the  court  in  which  the  affidavit  is  taken  ;  or,  if  taken  without  the 
United  States,  before  a  consul  or  vice-consul  of  the  United  States  of  America. 
Where  the  affidavit  of  a  subscribing  witness  cannot  be  had  by  reason  of  the 
death,  insanity  or  aT>sence  from  the  state  of  such  witness,  then  upon  proof  of 
such  fact,  and  of  the  handwriting  of  the  parties  who  signed  the  instrument, 
and  of  the  subscribing  witnesses,  by  proper  affidavit,  the  proof  inevery  case 
to  be  recorded  with  the  instrument. 

Redemption. — None  after  foreclosure  of  mortgage.  Ninety  days  after  sale 
for  taxes. 
[S.  Car.  10.] 


720  SOUTH  CAROLINA. 

Replevin. — In  the  code  this  action  is  known  as  Olaim  aiul  Delicery  of  Per- 
sonal Property.  Personal  property  may  be  replevied  by  any  party  entitled 
to  possession  of  it.  Plaintiff  must  give  bond  (or  some  one  in  his  behalf) 
with  sureties  to  the  sheriff  for  double  value  of  personal  projierty.  Defend- 
ant, by  giving  similar  bond,  can  retain  use  and  possession  of  property. 

Revenue. — Nothing  on  the  subject. 

Revision. — Code  in  1870,  abolished  all  distinctions  between  old  action  at 
law  and  suit  in  equity. 

Revivor. — {See  Judgments.) 

Seals. — Are  required  on  all  deeds.  Scrolls  are  legal  and  are  in  common 
use,  as  legal  substitute. 

Securty  for   Costs. — May  be  required  by  non-residents. 

Stay  of  Execution. — Not  stayed  by  notice  of  appeal  from  judgment,  un- 
less judge  from  whom  judgment  was  obtained  grants  stay.  Without  bond 
and  two  good  sureties  securing  damages  which  defendant  may  sustain,  in 
case  of  reversal  of  judgment,  such  judgment  can  not  be  enforced  by  plaintiff. 
Defendant  may  enter  into  similar  bond,  in  which  case  plaintiff  can  not  so 
proceed. 

Suits.— ('Sfe  Actions.) 

Supplementary  Proceedings. — Are  allowed  in  all  cases  after  judgment 
and  execution  ;  and  creditor,  by  them,  can  reach  debtor's  property,  in  hands 
of  said  debtor  or  uther  parties. 

Taxes. — Are  lien  on  real  estate  which  may  be  sold  to  pay  them.  Right  of 
redemption  is  barred  after  two  years. 

Trust  Deeds. — Governed  as  to  execution,  etc.,  in  same  manner  as 
deeds. 

Usury. — {Sec  Interest.) 

Wages. — No  laws  as  to. 

Wills. — All  persons  of  sound  mind  over  twenty-one  may  make  valid  will. 
In  respect  to  personal  property,  minor  can  make  will.  Must  be  in  writing, 
signed  by  testator,  (or  some  one  in  testator's  behalf),  in  presence  of  three 
witnesses,  who  at  testator's  request  see  him  sign, and  each  witness  must  sign 
in  presence  of  testator  and  of  other  witnesses.  A  mark  is  a  good  signature. 
Bond  not  required  of  executors.  Widow  can  elect  dower  or  provision  under 
will. 

Witnesses — {See  Deeds,  Mortgages,  etc.) 


[S.  Car.  11.] 


SOUTH  CAROLINA. 


721 


ATTORNEYS   IN  SOUTH    CAROLINA. 


Bold  Face  Type  denotes  county  seats.        A  dash  ( — )  less  than  100  population. 
Figures  after  names,  when  admitted  to  the  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (J)  our  (Compiler  of  Laws. 
A  dagger  (tj  former  reconuneudation  withdrawn. 


PLACE. 

COUNTY. 

NAMES   OF  ATTOKNEYS.                 POPOTiA'K. 

Ab'beville 

Abbeville 

Lee  &  Blake. 

1,500 

Aiken 

Aiken 

G.  W.  Croft. 

2,510 

Allendale 

Barnwell 

A.  B.  Connor. 

500 

Anderson 

Anderson 

Broyles  «.%  Simson. 

2,015 

Baniber*; 

Barnwell 

L.  T.  Izlar. 

900 

Barnwell 

Barnwell 

J.  J.  Maher. 

1,000 

Beaufort 

Beau  tort 

H.  G.  Judd. 

4,010 

Bennettsville 

Marlborough 

D.  D.  McColl. 

1,000 

Blackville 

Barnwell 

H.  F.  Buist. 

950 

Brighton 

Hampton 

J.  A.  Tison. 

150 

Camden 

Kershaw 

W.  M.  Shannon. 
(X  Smythe  (Augustine  T.), 

&Lee  (A.  M.), 
■|                        No.  7  Broad  St. 

3,029 

Charleston 

Charleston 

50,000 

[     See  Card  in  Appendix, jiage  xxiv. 

Cheram 

Chesterfield 

Newton  &  McQueen. 

3,000 

Chester 

Chester 

G.  J.  Patterson. 

2.518 

Chesterfield 

Chesterfield 

Hough  &  Kennedy. 

'  Alston,  (Jos.  K.,)  & 

Patton,  (H.  C.) 
^1  CLARK,  (W.  A.)  & 

400 

Columbia 

Kichland 

10,040 

I            MULLER,  (J.  S.) 

Conway 

Horry 

Johnson  &  Quattlebaum. 

700 

Darlington 

Darlington 

Hon.  C.  P.  Dargan. 

1,200 

Edgefield 

Edgefield 

<;  J.  B.  Lanier,  '85. 

'(       See  Card  in  Appendix,  page  x. 

G50 

Florence 

Darlington 

Boyd  &  Brunson. 

3,000 

Greorgetown 

Georgetown 

C.  R.  Anderson. 

3,000 

Franiteville 

Aiken 

J.  R.  Clay. 

2,000 

(Trahamville 

Beaufort 

Chas.  E.  Bell. 
(  BRYAN,  ISAAC  M. 
]  FURMAN.  CHAS.  M.,  '77. 
i  Speer,  D.  R.,  '79. 

210, 

Greenville 

Greenville 

7,000 

Greenwood 

Abbeville 

W.  K.  Blake. 

1,600 

Hampton  C  H 

Hampton 

J.  E.  Lansey. 

225 

Hickory  Grove 

York 

J.  C.  Chambers. 

— 

Johnston 

Edgefield 

P.  B.  Waters. 

540 

Kingstree 

Williamsburg 

T.  M.  Gilland. 

575 

Lake  City 

Williamsburg 

E.  H.  Williams. 

— 

Lancaster 

Lancaster 

L.  B.  Jones. 

1,500 

Langley 

Aiken 

R.  T.  Smithall. 

1,532 

r22 


SOUTH   CAROLINA. 


PLACE. 


COUNTY. 


NAMES  OF  ATTORNEYS.   POPULA'n. 


Laurens 

Laurens 

Ball  &  Watts. 

1,200 

Lexington 

Lexington 

{See  Columbia.) 

700 

Lydia 

Darlington 

P.  G.  Bowman. 

— 

Manning 

Clarendon 

Joseph  F.  Rharae. 

600 

Marion 

Marion 

Johnson  &  Johnson. 

1,500 

Midway 

Barnwell 

Skinner  &  Williams. 

275 

Newberry 

Newberry 

S  Jones  &  Jones. 

}  MOWER,  GEO.  S.,  '75. 

2,500 

Orangeburg 

Orangeburg 

Samuel  Dibble. 

2,250 

Osborn 

Colleton 

M.  J.  Clemen,. 

— 

Pickens 

Pickens 

Keith  &  Hollingsworth. 

200 

J^rosperity 

Newberry 

Sale  &  Anil. 

410 

KeevesvlUe 

Colleton 

A.  F.  O'Brien. 

150 

Hock  Hill 

York 

Spencer  &  Waters. 

1,200 

St,  Georges 

Colleton 

J.  O.  Reed. 

400 

St.  Matthews 

Orangeburg 

Knowlton  &  Wanamaker. 

400 

Seneca 

Aconee 

•T.  W.  Livingston. 

500 

Spartenburgh 

Spartenburgh 

Duncan  &  Sanders. 

4,000 

Sumpter 

Sumpter 

Moises  &  Lee. 

2,513 

Timmousville 

Darlington 

f  E.  D.  Charles. 

800 

Union 

Union 

Munro  &  Munro. 

1,513 

Walhalla 

Oconee 

Keith  &  Verner. 

1,500 

Walterborough 

Colleton 

Handcrson  &  Behre. 

512 

White  Hall 

Colleton 

J.  F.  Brown. 

275 

Williston 

Burnwell 

(See  Columbia.) 

500 

Winnsborough 

Fairfield 

John  J.  Neill. 

2,535 

Yorkville 

York 

C.  E.  Spencer. 

2,500 

SOUTH   CAROLINA. 


723 


BANKS   IN  SOUTH   CAROLINA. 

Giving  the  name  of  town,  bunk  and  cashier,  and  amount  of  paid-up  capital  of  one 
bank  in  each  county  of  this  state  in  which  such  a  banking  institution  is  located. 


PLACE.  XAMK   OK    BANK. 

Abbeville  Nat  Bank  of  Abbeville 

Anderson  Nat  Bank  of  Anderson 

Bamberg  Isaac  C.  Bamberg 

Beaufort  Bank  of  Beaufort 

Charleston  People's  National  Bank 

Chester  National  Bank  of  Chester 

Columbia  Carolina  National  Bank 

Darlington  C  H  Darlington  National  Bank 

Georgetown  Bank  of  K.  E.  Fraser 

(ireenville  Nat  Bank  of  Greenville 

Marion  Bank  of  Marion 

Newberrv  Nat  Bank  of  NewV)crry 

Rock  Hill  Savings  Bank  of  Rock  Hill 

Seneca  Senaca  Bank 

Spartanburg  Nat  Bank  of  Spartanburg 

Sumter  National  Bank  of  Sumter 

Union  M'reh'ts'    &   Planters'  Nat 

Bank 

Walhalla  J.  D.  Verner. 

Wiinisboro  Winnsboro  National  Bank 

Yorkville  T.  S.  Jefferys 


PAID  or 

CASHIER. 

CAPITAL. 

B.  S.  Barnwell. 

50.000 

J.  A.  A.  Brock. 

50,000 

25,000 

B.  S.  Sams. 

25,00«lh. 

E.  H.  Sparkman. 

250,000 

Jno.  L.  Harris. 

150,000 

W.  Jones. 

100,000 

H.  L.  Charles. 

100,000 

P.  H.  Taraplet. 

50,000 

W.  E.  Beattie. 

100,000 

W.  H.  Cross. 

50,000 

T.  S.  Duncan. 

150,000 

J.  M.  Cherry. 

13,000 

J.  W.  Stribling. 

20,000 

L.  C.  Cannon. 

100,000 

Chas.  E.  Bartlett. 

50,000 

Geo.  Munroe. 

00,000 

35,000 

T.  K.  Elliott. 

T5,000 

F.  A.  GilbeiU 

15,000 

STATE  OF 

TENNESSBK. 

SUMMARY   OF 

Collection    Laws. 

CotTBT  Calendar,  Instkuctions  for  taking  Depositions,  LEGAii  Forms,  Etc. 

Expressly  Prepareb  and  Revised  to  Nov.  1st,  1887,  for  "  Showers' 

Legal  Directory  and  Merchants'  Guide,"  for  1888,  by 

Creed  P,  Bates,  of  the  Chattanooga  Bar. 

■  Acknowledgments. — Within  the  state  must  be  taken  before  clerk  of 
county  court  or  liis  deputy,  or  a  notary  public  ;  in  other  states  before  any 
court  of  record  or  clerk  thereof,  notary  public  or  commissioner  for  Tennes- 
see. The  certificate  must  be  in  the  form  prescribed  by  Tennessee  statute. 
Certificate  and  seal  of  notary  public  or  commissioner  is  sufficient  without 
further  proof  of  oflicial  character.  If  made  out  of  the  United  States,  must 
be  under  seal  before  a  commissioner  for  Tennessee,  appointed  in  such  coun- 
try, a  notary  public  oi  a  consul,  minister  or  ambassador  of  the  United  States 
in  the  country  where  the  acknowledgment  is  made. 

Form  of  Acknotdedgment. 

State  of  Tennessee,   } 
County  op  : .         <j  ««• 

Personally  appeared  before  me ,  clerk  (or  deputy  clerk)  of  the  county 

court  of  said  county  (or  notary  public  in  and  for  said  county),  the  within 

named  ,   the  bargainor,   with  whom  I  am  personally  acquainted,   and 

who  acknowledged  that  he  executed  the  within  instrument  for  the  purposes 
therein  contained. 

Witness  my  hand,  at  office  (or,  witness  my  hand  and  ofticial  seal),  this 
day  of ,18 — .  {Signature.) 

If  the  wife  joins  in  the  deed,  after  the  word  "contained,"  add  the  follow- 
ing: "And ,  wife  of  the  said ,  having  appeared  before  me  privately 

and  apart  from  her  husband,  the  said acknowledged  the  execution  of 

the  said  deed  to  have  been  done  by  her  freely,  voluntarily  and  understand- 
ingly,  without  compulsion  or  constraint  from  her  said  husband,  and  for  the 
purposes  therein  expressed." 

Form  of  Acknowledg'tnent. 

before  clkllk   of   county  court,  by  witnesses. 

State  of  Tennessee,  } 
County  op .         ^     " 

Personally  appeared  before  me ,  clerk  of ,  or  deputy  clerk of 

the  county  court  of county  aforesaid, and ,  subscribing  wit- 
nesses to  the  within  deed,  who,  being  first  sworn,  deposed  and  said  that  they 

fTenn.  1.) 


TENNESSEE.  725 

are  acquainted  with ,  the  bargainor,  (or  as  the  case  may  be),  and  that  he 

acku()wledged  the  same,  in  their  presence,  to  be  his  act  and  deed  upon  the 
day  it  bears  date  (stating  the  time  or  period  by  witnesses). 

Witness  my  hand,  at  office,  this day  of ,  18 — .  {Signature.) 

Note. — The  above  form  must  be  varied  to  suit  various  modes  of  proof  by 
witnesses,  dependent  upon  the  state  of  each  case,  as  where  a  witness  may 
not  reside  in  the  state,  and  the  other  witness  may.  The  signature  of  the 
non-resident  witness  may  be  proven  by  another. 

Accounts. — Coming  from  another  state  or  country  for  suit,  having  aflBda- 
vit  of  plaintiff'  to  their  correctness,  and  certificate  and  seal  of  notary  public 
annexed,  are  conclusive  against  debtor,  unless  he  shall  on  oath  deny  the 
same. 

Form  of  Affidavit  to  Prove  Account. 

State  op  Tennessee,  ) 
County  op .         ii  " 

Before  me  (J.  P.,  notary  public  or  clerk),  in  and  for  the  county  and  state 

aforesaid,  personally  appeared  ,  who,  being  duly  sworn,  made  oath  that 

the  annexed  account,  exhibiting  the  sum  of dollars  against ,  is  just 

and  true  as  stated  ;  that  he  or  she  has  not  received  any  part  of  the  money 
stated  to  be  due,  or  any  security  or  satisfaction  for  the  same,  and  that  all 
just  credits  have  been  given. 

Sworn  to  and  subscribed  before  me,  this day  of ,  A.  D.  18 — . 

( Signature. ) 

Note. — This  form  is  also  used  for  accounts  against  estates  of  decedents. 

Actions. — Are  begun  by  summons  issued  by  clerk  of  the  court,  or  a  war- 
rant before  justice  of  the  peace.  The  former  must  be  served  five  days  before 
first  day  of  term  to  make  it  returnable  to  that  term  ;  the  magistrate's  war- 
rant may  be  served  and  returned  instanter,  cause  set  for  trial  and  judgment 
had  same  day  if  desired  by  plaintiff",  unless  continuance  had  by  defendant. 
Common  law  pleadings  and  practice  may  be  used,  but  code  practice  mostly 
adopted. 

Administration  of  Estates  of  Deceased  Persons. — Letters  of  adminis- 
tration are  granted :  1st.  To  husband  or  widow.  2nd.  To  next  of  kin. 
•'d.  To  the  largest  creditor.  4th.  To  public  administrator,  if  no  one  applies 
in  six  months. 

Funeral  expenses  of  administration  and  debts  due  the  state,  classed  as 
preferred  debts,  and  none  others  allowed  as  such.  Claims  against  estate 
must  be  proven  and  presented  or  sueil  on  in  two  years  and  six  months  from 
£[ualification  of  administrator,  or  they  are  barred. 

Assignment. — Must  be  general,  no  preference  allowed,  but  act  does  not 
prohibit  execution  of  mortgage  or  deed  of  trust,  as  security  for  loan  of 
money  or  sale  of  property  made  contemporaneously.  Assignee  must  give 
bond  in  amount  of  property,  unless  released  by  creditors  in  writing  ;  make 
tioie  and  perfect  schedule  of  assets  assigned,  and  make  complete  report  of 
sale.  In  case  of  assignment  of  choses  in  action,  actual  notice  must  be  given 
to  the  debtor. 

Attachment. — May  be  sued  out  as  original,  or  ancillary  in  aid  of  suit 
already  commenced.  Some  twelve  or  more  grounds  of  attachment  exist 
under  the  code,  chief  of  which  are :  non-residence  of  defendant,  concealing 
himself,  fraudulent  disposition  of  his  property,  absconding,  etc.  Where 
debtor  and  creditor  are  non-residents  of  Teimessee  and  residents  of  same 
..state,  the  creditor  shall  not  attach,  unless  the  property  has  been  fraudulently 
removed  to  evade  process  in  their  state. 
[Tepn.  2.] 


726  TENNESSEE. 

Aliens. — Whether  resident  or  non-resident  of  United  States  may  take, 
hold,  sell  or  devise  property,  real  or  personal,  same  as  a  native  citizen. 

Arrest. — There  is  no  arrest  or  imprisonment  for  debt  on  civil  process. 

Affidavits. — May  be  administered  by  judges,  chancellors,  clerks  of  courts 
of  record,  justices  of  peace,  notaries  public  and  others. 

Appeals. — May  be  taken  to  circuit  court  from  judgment  of  justice  of  the 
peace,  if  prayed  and  bond  given,  within  two  days  from  rendition  of  judg- 
ment, Sundays  excepted.  Appeal  may  be  had  from  circuit  and  chancery 
court  to  supreme  court  of  state  upon  prayer  therefor,  and  bond  given  in  term 
time  or  writ  of  error,  subsequently  prosecuted. 

Banks  and  Bankers. — Allowed  to  conduct  business,  either  under  charter 
procured  or  in  private  capacity,  upon  paying  required  tax  and  securing 
license  from  local  authorities. 

Bills  of  Exchange  and  Promissory  Notes.— Negotiable,  and  holder  may 
maintain  joint  action  against  maker  and  any  one  or  more  of  the  indorsers, 
or  joint  and  several  action  against  any  one  or  more  of  the  indorsers.  Nego- 
tiable paper  falling  due  on  January  1st,  4th  of  July,  25th  of  December,  or 
any  day  appointed  by  president  or  governor  as  day  of  fast  or  thanksgiving, 
is  due  on  day  previous,  vmless  such  previous  day  is  Sunday,  then  on  Satur- 
day preceding.  Demand  notice  and  protest  usually  required,  excused  by 
epidemics,  made  fifteen  days  after  same  declared  at  an  end  by  health  authori- 
ties sufficient. 

Bills  of  Lading  and  Warehouse  Receipts. — Both  negotiable,  latter  not 
to  be  used  until  produce  is  delivered  and  strict  statutory  regulations  forbid- 
ding sale  of  produce  until  surrender  of  receipt. 

Conditional  Sales  of  Personal  Property.— Not  favored,  but  valid  as  to 
all  persons  without  registration,  if  vendor  expressly  retains  the  title  in  him- 
self until  same  is  paid  for,  and  he  may  retake  same  in  default  of  payment. 

Corporations. — Domestic  and  Foreign. — Ample  statutory  provisions  for 
cheap  and  speedy  organization  of  former  for  all  purposes,  by  registration  of 
form  of  charter  in  county  where  local  office  is  desired,  and  at  Nashville. 

Foreign  corporations  authorized  to  transact  business  in  this  state  ;  to  ex- 
tend railroad  into  state  may  require  local  charter  also. 

Costs,  Security  for. — Clerks  of  courts  of  record  shall,  and  justice  of  the 
peace  may,  require  all  plaintiffs  to  give  security  for  costs,  before  process 
issued,  unless  proper  oath  is  taken,  which  is  only  allowed  for  citizens  of  the 
state. 

Courts.' — Termn  and  Jurisdiction: 

Courts  of  record,  consisting  of  Circuit  Court  holding  three  terms  annually, 
and  Chancery  Court  with  two  terms  annually,  have  general  and  now  concur- 
rent jurisdiction  in  all  cases  involving  over  $50,  except  actions  for  injuries  to 
person,  property  or  character,  or  involving  unliquidated  damages,  cannot  be 
brought  in  chancery  court. 

Justices  of  the  Peace,  whose  courts  are  always  open,  have  jurisdiction  in 
equity  up  to  $50 ;  upon  notes  signed  by  the  parties  or  upon  indorsements, 
where  demand  and  notice  are  waived,  $1,000;  upon  accounts  and  other  evi- 
dence of  debt  for  recovery  of  property ;  in  all  cases  of  damages,  except 
libel  and  slander,  $500.  Enforce  mechanics'  lien  for  any  sum  within  his 
jurisdiction. 

ITenn.S.] 


TENNESSEE.  727 

Court  Calendar. — 

UNITED  STATES  COURT. 

Associate  Justice  iSuprcmr  Court,  Tlow.  Stanley  Matthews,  Cim^iniiati,  Ohio;  CVr. 
euii  Jiiclffc,  How e\l  E.  Jackson,  Nashville;  JJistricl  Jud(/e,  MidiVij  ami  Kastern  Dis- 
tricts, D.  M.  Key,  Chattanooga  ;  Wostcirn  District,  p]li  S.  Hamnioii,  Mciiipliis. 

lerms. — Mtstern  JHvi.sioii,  i\t  ChutUinooga,  1st  Monday  April,  Octolicr ;  at  Knox- 
ville.  2d  Monday  January,  July ;  Middle  Division,  at  Nashville,  o<l  Monday  April, 
October;  Western  J)ivisiov,  at  Memphis,  4th  Monday  May,  Novcmher;  at  Jackson, 
4th  Monday  April,  October. 

STATE  SUPREME  COURT. 

Chief  Justice,  Hon.  Peter  Tuiney,  Winchester;  Axsoeiate  Justices,  H.  H.  Ijnrton, 
Clarksville;  \V.  C.  Caldwell,  Trenton;  \V.  (J.  Kowlkes,  Memphis;  J ).  L.  Snodgrass, 
Chattanooga;  Clerks,  N.  Baxter,  Nashville;  J.  W.  Buford,  Jackson;  PL  C.  Reeves, 
Knoxville. 

Terms. — Eastern  Division,  at  Knoxville,  2d  Monday  September  of  each  year; 
Middle  Division,  at  Nashville,  Ist  Monday  December  of  each  year;  IVestern  Division, 
at  Jackson,  1st  Monday  April  of  (^ach  year. 

CIRCUIT    COURTS. 

TIMK  OF  HOLDING. 

First  Circuit. — Jolinson  county,  3d  Monday  March,  July,  November;  Carter 
county,  2d  Monday  March,  July,  November;  Sullivan  county,  at  Bristol, 4th  Monday 
March,  July,  November ;  Sullivan  county,  at  Blountville,  1st  Monday  after  4th  Mon- 
day March,  July,  November ;  Washington  covmty,Sd  Monday  after  4th  Monday  March, 
.Fuly, November;  Unicoi  county,  1st  Monday,  March,  July,  November;  Greene  county, 
2d  Monday  February,  June,  Octolier;  Hawkins  county,  4th  Monday  January,  May, 
September;  Hancock  county,  ;^d  Monday  January,  May,  September. 

Second  OVcui/.— Claiborne  county,  1st  Monday  March,  July,  November;  Campbell 
county,  3d  Monday  February,  .lune,  October*  (irainger  county,  4th  Monday  April, 
August,  December;  Union  (county,  4th  Monday  February,  Juiie,  October ;  Hamblen 
county,  1st  Monday  April,  August,  December;  JetTerson  county,  2d  Monday  April, 
August,  December;  Cocke  county,  4th  Monday  March,  July,  November;  Anderson 
county,  2d  Mcmday  February,  June,  October ;  Sevier  county,  3d  Monday  March,  July, 
November;  Criminal  Court  of  Knox  county.  1st  Monday  January,  May,  September.' 

Third  Circuit. —  Knox  county,  4th  Monday  F'ebruary,  May,  October;  Blount 
county, 4th  Monday  January,  May,  September;  Monroe  county, 2d  Monday  .January, 
May,  September;  Loudon  county,  4th  Monday  April,  August,  September;  Roane 
county,  2d  Monday  April,  August,  December;  Morgan  (bounty,  4th  Monday  March, 
July,  November;  Scott  county,  1st  Monday  Ai)ril,  August,  December;  Fentress 
county,  3d  Monday  March,  July,  November,  by.Tud'j:e  Ith  Circuit. 

fourth  Cimiit. — Bradley  county,  1st  Monday  January,  May,  Septemher;  Polk 
county,  4th  Monday  February,  1st  Monday  .\ugust,  December;  Hhea  county,  at 
Washington,  1st  Monday  March,  July,  November;  Ubea  county,  at  Dayton,  1st  Mon- 
day after  2d  Monday  January,  May,  September;  Marion  county, 4th  Monday  March, 
July, 3d  Monday  November;  Hamilton  cxjunty,  ;-!d  Monday  January,  May,  Septem- 
ber, for  criminal  business;  Ith  Monday  February,  June,  October,  for  civil  business, 
and  continue  as  long  as  necessary;  .VIcMinn  county,  2d  Monday  .\pril.  Augus(| 
December;  .lames  county,  1st  Wednesday  after  3d  Monday  April,  August,  Deceinbcr;' 
Meigs  county.  2d  Monday  .March,  .luly,  4th  Monday  October;  Bledscx^  count  v,  1st 
Monday  April,  2d  .Monday  Sei)tember;  Sequatchie  county,  3d  .Monday  March,  2d 
Monday  November, 

Fifth  (ircuit.—Pntnnm  county,  2d  Monday  January,  Mav,  .^ept«mber  ;  Cumber- 
land county,  1st  Monday  after  4th  Monday  January,  May, September;  White  county 
3d  Monday  January,  May,  Scpteiiibcr;  Picket  t  coimt  v.  2(1  .M<mday  after  4th  Monday 
January,  May,  Sei.temher;  Overton  county,  3(1  Monciav  after  4th"  Monday  January, 
May,  September;  Clay  county.  4tli  Mon.  after  tth  M oil. . January,  Mav,  .'^"ept(^mber; 
Jackson  county,  1st  Monday  M;irch,  July.  November;  .Macon  county,  3d  .Monday 
March,  July,  November;  Trousdale  county,  4th  Monday  March,  .fuly,  November": 
Smith  county,  1st  Monday  after  4th  Monday  March,  .Tuly,  November. 

fHr.th  Circuit. —Yiin  Buren  county,  3d  Monday  .April,  August,  December;  fJrundy 
county,  4t.h  Monday  April,  .August,  December;  Franklin  county,  1st  Tuesday  after 
1st  Monday  April,  August,  December;  C(»(tee  county,  1st  Monday  J.anuarv,"  May. 
September ;  Warren  county,  1st  Thursday  after  2d  Monday  January  ."May,  September- 
Moore  county,  1st  Tuesday  after  1st  Monday  F(^bruarv,  .Tune,  <)ct(iber;  liincoln 
<!ounty,  1st  Tuesday  after  2d  Monday  February,  June,  October  ;  DeKalb  county,  ;!d 
Monday  March,  .July,  November. 

Seventh  Circuit.— DnvUlson  county,  2d  Mfinday  .lanuary,  1st  Mondav  May.  3d 
Monday  September;  Williamson  (tounty,  1st  Monday  March,  .lulv,  November; 
(Theatham  county,  3d  Monday  February,  .fune,  October;  Criminal  Courts  of  DuviiLion 
and  Rutherford  (minti/,  Davidson  county,  1st  Monday  .Tanuarv,  Ma.y,  September; 
Rutherford  county,  1st  Mond.ay  April,  ,\ugust,  December. 

hXfjhth  0(>ci/?7.— Rutherford  county,  Tuesday  after  4th  Afondav  Febrnnry,  June. 
October;  Bedford  county,  Tuesday  aft^^'r  the  1st  Mond.ay  in  April,  August,  De(''ember  ; 
Wilson  county,  2d  Monday  January,  Alay,  September;  Cannon  county,  2d  Monday 
February,  June,  October ;  Marshall  county. 

iTcnn.  4.] 


728  tp:nnessee. 

Ninth  CifcuU.— Maury  county,  1st  Monday  January,  May,  September;  Lewis 
county,  1st  Tuesday  alter  1st  Monday  February,  June,  October ;  Hickman  county,  2d 
Monday  February,  June,  October;  Hardin  county,  1st  Monday  Marcli,  July,  Novem- 
ber; \Vayne  county,  ad  Monday  Marcli,  July,  November;  Lawrence  county,  4th 
Monday  Marcli,  July,  November  ;  Giles  county,  1st  Monday  April,  August,  December. 

Tenth  Circuit. —Humnev  county,  :^d  Monday  February,  June,  October  ;  Robertson 
county,  1st  Monday  February,  June,  October;  Montgomery  county,  1st  Monday 
January,  May,  September;  Stewart  county,  2d  Monday  April,  August,  December ; 
Houston  county,  1st  Monday  April,  August,  December;  Dixon  county,  Sd  Monday 
Marcli,  July,  November;  Humphreys  <!Ounty,  4th  Monday  March,  July,  November; 
Criminal  Court  of  Montgomery  county,  4th  Monday  January,  April,  2d  Monday 
December. 

Eleventh  CircMi^.— Madison  county,  2d  Monday  Januarj',  3d  Monday,  May, 
September;  Cliester  county,  3d  Monday  February,  June,  October ;  McNairy  county, 
4th  Monday  F'ebruary,  June,  October;  Henderson  count.y,  2d  Monday  P.larcli,  Jul.y,. 
November;  Decatur  county,  4tli  Monday  March,  July,  November;  Perry  county, 
1st  Monday  April,  August,  December;  Benton  county,  2d  Monday  April,  August, 
December. 

Twff/th  Circuit. — Obion  county,  at  Troy,  1st  Monday  March,  2d  Monday  July, 
November;  Obion  count.v,  at  Union  City,  3d  Monday  February,  June,  October; 
Carroll  county,  1st  Monday  January,  May,  September;  Henry  county. od  Monday 
January,  May,  September ;  Weakley  county,  1st  Monday  February,  June,  October; 
Gibson  county,  at  Humboldt,  3d  Monday  March,  July,  November  ;  Gibson  county, 
at  Tn^nton,  1st  Tuesday  after  1st  Monday  April,  August,  December  ;  Crocket  county, 
3d  iMonday  April,  August,  December;  Haywood  county,  4tli  Monday  April,  August, 
December. 

Thirteenth  Circuit, — Hardeman  county,  1st  Tuesday  January,  May,  September  ; 
Fayette  county,  3d  Tuesday  January,  May,  September ;  Tipton  county,  2d  Tuesday 
February,  June,  (October;  Lauderdale  c«unty,  1st  Tuesday  March,  July,  November; 
Dyer  county,  3d  Tuesday  March,  Jul.y,  November;  Lake  county,  2d  Tuesday  April, 
August,  December. 

Fourteenth  0»Ti/i7.— Shelby  county,  at  Memphis,  3d  Monday  January,  March, 
May,  September,  November;  Criminal  Court  Shelby  t:ount.v,  ;id  Monday  January, 
May,  September. 

CH.\NCERY   COURTS. 

First  Choncer.i/  Division.— .lohm^on  county,  3d  Monday  Februarj',  2d  Monday 
August;  Carter  county,  2d  Monday  Fei)ruary,  1st  Monday  August;  Washington 
count.y,  41  li  Monday  May,  November  ;  Sullivan  county,  at  Bristol,  4th  Monday  Juno, 
December;  Sullivan  county,  at  Blountville,  2d  Monday  June,  December;  Hawkins 
county,  4th  Monday  April,  October;  Greene  county,  2d  Monday  May,  November ; 
Hancock  county,  2d  Monday  March,  3d  Monday  August;  Claiborne  county,  2d  Mon- 
day April,  October;  Grainger  county,  3d  Monday  April,  October ;  Jefferson  county, 
2d  Monday  January,  July;  Cocke  county,  Ith  Monday  F'ebruary,  August;  Hamblen 
county,  3d  Monday  January,  July ;  Unicoi  county,  1st  Monday  January,  July. 

Second  Chanceri/  Division .—Koane  county,  2(1  Monday  January,  July;  Scott 
county,  1st  Monday  March,  September;  Morgan  county,  2d  Monday  March,  Septem- 
ber; Anderson  county,  3d  Monday  March,  September;  lilount  count.v,  3d  Monday 
April,  October;  Sevier  county,  4tli  Monday  April,  October ;  Campbell  county,  1st 
Monday  Ma.y,  November;  Union  count.v,  2d  Monday  May,  November;  Laudon 
county,  3d  Monday  May,  November;  Knox  county,  4th  Monday  May,  November. 

Third  Chanerrt/  Birision. — Bradley  county,  3d  Monday  January,  .Tune;  Grundy 
county,  1st  Monday  January,  June;  Hamilton  county,  ]st  Monday  April,  September; 
James  county,  4th  Monday  January,  July;  McMinn  county,  1st  Monday  February, 
August;  Marion  county,  2d  Monday  F\'bruary,  August;  Monroe  county,  3d  Monday 
February,  August;  Rhea  county,  4th  Monday  March,  1st  Monday  October;  Polk 
county,  4th  Monday  Feliruary,  1st  Monday  August,  December;  Meigs  county,  2d 
Monday  March.  July,  4th  Monday  October;  Bledsoe  county,  1st  Monday  April,  2d 
Monday  September ;  Sequatchie  county,  3d  Mondaj^  March,  2'd  Monda.y  November. 

Fov.rth  Cltancrn/  Divi.iion.— Warren  county,  2d  Monday  May,  November;  Coftee 
county,  2d  Monday^Februar.v,  August;  liincoln  count.v,  2d  Monday'May,  November; 
Marshall  count.y,  Tuesday  after  1st  iVIonday  June,  December;  Rutherford  count.y, 
3d  Monday  April, October ;  Bedford  county,  1st  Monday  March,  September;  Franklin 
county,  4th  Monday  Januar,y,  June;  Moore  county,  4th  Monday  February,  August; 
Cannon  county. 

FiftJi  Chancer)/  iOioiiio/i.— Cumberland  County,  1st  Thursday  after  3d  Monday 
March,  September;  Fentress  county,  3d  Monda.v  March,  September;  Pickett  count.y, 
1st  Thursday  after  2d  Monday  Marcli,  September;  Overton  county,  1st  Monday  April, 
October;  Clay  county,  2d  Monda.y  April,  October;  .lack.son  county,  1st  Monda.y 
February,  Septeml)cr;  Putnam  count.v,  last  Monday  February,  August;  Wliite 
count.v,  4th  Monda.y  March,  Septemtjcr;  D(!Kalb  countv,  3d  Monday  February, 
August;  Smith  county,  4th  Monday  April,  October;  Macon  county,  3d  Monday 
April,  October. 

Sixth  Clianceii/  /»t);mon.— Davidson  county,  1st  Monday  April,  October  ;  William- 
.son  county,  1st  Monday  June,  December. 

Seventh  Chanrerii  Din'..iio7i.—M:>u\-y  county,  1st  Monda.v  April,  October;  Giles 
county,  3d  Monday  Februar.y,  1st  Monday  Septemt)er  ;  Lawrence  count.y,  2d  Monday 

[Tenn.  5 ] 


TENNESSEE.  729 

May,  November;  Lewis  county,  1st  Thursday  after  1st  Monday  March,  September ; 
Wayne  county,  1st  Monday  May,  November;  Hardin  county,  M  Monday  April, 
October;  Perry  county,  2d  JNIouday  March,  September;  Decatur  county,  od  Monday 
March,  September;  Hicknum  county,  1st  Monday  March,  September;  Dicltson 
county,  1st  Monday  June,  December ;  Beiaton  county,  3d  Monday  J  une,  December ; 

Eigidh  Chanccrij  /Xti.sjoji.— Sumner  county,  1st  Monday  June,  December ;  Robert- 
son county,  2d  Monday  May, -Ith  Monday  November  ;  Montgomery  county,  3d  Mon- 
day April,  1st  Monday  October;  WiNon  county,  3d  Monday  March,  4th  Monday 
October;  Stewart  county,  1st  Monday  Marcli,  September;  Houston  county,  1st 
Thursday  after  1st  Monday  Mardi,  September;  Humphreys  county,  2d  Monday 
January  July;  Cheatham  county,  1st  Tuesday  after  2d  Monday  March,  September ; 
Trousdale  county,  od  Monday  January,  June. 

Ninth  Chancer^  7)z w«on.— Hardeman  county,  3d  Monday  March,  September; 
McNairy  countyj  2d  Monday  April,  October;  Cliestcr  county;  4th  Monday  April, 
September-  Madison  county,  2d  Monday  .lanuary,  July  ;  Oockett  county,  4th  Mon- 
day May,  November;  Henderson  county,  1st  Monday  May,  November;  Carroll 
county,  ist  Monday  February,  August;   Henry  county,  1st  Monday  June,  December. 

Tenth  Chancers/  Divltion. — Fayette  county,  1st  Monday  February,  August;  Tipton 
county, 3d  Monday  March,  September;  Haywood  county,  1st  Monday  January,  July ; 
Lauderdale  county,  Ist  Monday  June,  December  ;  Dyer  county,  3d  Monday  June,  2d 
Monday  December  ;  Obion  county,  at  Troy,  2d  Monday  April,  October ;  Obion  county, 
at  Union  City,  4th  Monday  January,  July;  Weakley  county,  2d  Monday  January, 
July;  Gibson  county,  at  Trenton,  1st  Monday  May,  November;  Gibson  county, 
at  Humboldt,  2d  Monday  February,  August;  Lake  county,  2d  Tuesday  April, 
August,  December. 

Eleventh  Chancery  Division. — Shelby  county,  1st  Monday  April.  October. 

Curtesy. — On  marriage  and  birth  of  issue,  the  husband  becomes  tenant 
by  curtesy,  initiate,  in  lands  of  wife,  which  is  consummated  by  death  of  wife, 
the  husband  surviving.  These  several  requisites  are  alike  necessary  and  in- 
dispensable. 

Deeds. — Until  registered,  are  not  good,  except  between  parties  and  priv-ies, 
and  lands  so  held  subject  to  debts  of  both  vendor  and  vendee.  Wife  must 
join  in  deed  to  convey  homestead.  Registration  without  proper  probate  is 
invalid. 

.    Form  of  Deed. 

For  and  in  consideration  of  the  sum  of dollar.*;,  to  me  in  hand  paid, 

the  receipt  whereof  I  do  hereby  acknowledge,  I,  ,  have  this  day  bar- 
gained and  sold,  and  by  these  presents  do  transfer  and  convey  unto ,  his 

heirs  and  assigns,  a  certain  tract  or  parcel  of  land  as  follows  :  (Here  give 
description.)     To  have  and  to  hold  the  said  tract  or  parcel  of  land,  with  the 

ijippurtenances,  estate,  title  and  interest  thereto  belonging,  to  the  said , 

his  heirs  and  assigns  forever.     And  I  do  covenant  with  the  said that  I 

am  lawfully  .seized  and  possessed  of  said  land,  have  a  good  right  to  convey 
it,  and  that  the  same  is  unencumbered.  And  I  do  further  covenant  and  bind 
myself,  my  heirs,  and  representatives,  to  warrant  and  forever  defend  the 

title  to  said  land  to  the  said ,  his  heirs  and  assigns,  against  the  lawful 

claims  of  all  persons  whomsoever. 

Witness  my  hand  this day  of ,  18 — . 

Descent  and  Distribution. — Descent :  Land  of  intestate  owner  without 
reference  to  source  of  title.  1.  By  s(ms  and  daughters  cqvially,  or  their 
lineal  descendants.  2.  If  no  issue,  nor  brothers  or  sisters,  nor  their  issue,  to 
living  parent.  Distribution  of  personal  estate  :  1.  To  widow  and  children 
equally,  widow  taking  child's  share.  2.  To  widow  altogether,  if  no  children 
nor  descendants  of  children.  3.  To  children  or  descendants,  if  no  widow. 
4.  If  no  children,  to  father.  5.  If  no  father,  to  mother,  and  brothers  and 
sisters  equally,  fi.  If  no  brothers  or  sisters,  or  their  children,  exclusively  to 
mother.     7.  tf  no  mother,  brother  or  sister,  to  next  of  kin  equally. 

Depositions. — May  be  taken  on  notice  of  time  and  place,  and  before  clork 
of  court  of  record  or  notary  public,  cither  in  or  out  of  state. 

ITenn.  6.] 


730  TEX^'ESSEE. 

Form  of  Deposition. 
The  caption  and  certificate  prescribed  are  as  follows  : 


In  the  court,  county,  state  of 


Depositions  of and witness  for  (plaintiff  or  defendant),  at , 

in  the  above  case,  taken  upon  notice  (or  interrogatories)  on  the day  of 

,  18 — ,  at ,  in  the  presence  of  the  plaintiff  and  defendant  (as  the  case 

may  be).     The  said  witness, aged ,  being  duly  sworn,  deposed  as 

follows : 

The  closing  certificate  is  as  follows  : 

The  foregoing  depositions  were  taken  before  me,  as  stated  in  the  caption, 
and  reduced  in  writing  by  me  (or  by  the  witnesses  in  my  presence.  And  I 
certify  that  I  am  not  interested  in  the  cause,  nor  of  kin  or  counsel  to  either 
of  the  parties,  and  that  I  sealed  them  up  and  delivered  them  (or  ])ut  them  in 
the  post-offiiH!,  or  delivered  to  express),  without  being  out  of  my  possession 
or  altered  after  they  were  taken. 

Given  under  my  hand  the day  of ,  18 — .  {Signature.^ 

Divorce. — May  be  granted  either  by  circuit  or  chancery  court,  and  there 
are  ten  causes  for  divorces  from  the  bonds  of  matrimony,  and  three  or  four 
from  bed  and  board,  and  from  the  bonds,  at  discretion. 

Dower. — Widow  of  intestate  entitled  to  dower  so  as  to  give  her  one-third 
in  value  of  all  lands  of  which  her  husband  died  seized  and  possessed,  or  of 
which  he  was  equitable  owner,  including  lands  mortgaged,  when  husband 
dies  before  foreclosure  ;  provided,  dower  not  barred  by  joint  conveyance  of 
husband  and  wife. 

Executions. — Issue  from  courts  of  record  within  thirty  to  forty  days  after 
adjournment  without  demand,  or  upon  rendition  of  judgment  on  affidavit 
showing  cause,  and  are  returnable  to  succeeding  term  ;  from  justices  court 
after  two  days  from  rendition  of  judgment,  or  at  expiration  of  stay,  or  im- 
mediately on  good  cause  showing  affidavit,  and  are  returnable  in  thirty  days. 

Exemptions. — Homestead  to  each  head  of  family  whether  living  on  it  or 
not,  $1,000.  Personal  property  consisting  of  household  goods,  stock,  sup- 
plies, tools,  etc.,  in  all  about  $1,500.  Wages  of  mechanics  and  laborer  to 
amount  of  $30,  also  exempt. 

False  Pretense. — Obtaining  money  or  property  under,  three  to  ten  years 
in  the  penitentiary.  If  exercise  of  prudence  and  caution  would  have  enabled 
party  to  avoid  the  imposition,  no  conviction  be  had. 

Frauds,  Statutes  of. — The  following  are  within  :  1.  Promise  of  adminis- 
trator to  answer  debt  out  of  his  own  estate.  2.  Promi.se  to  answer  for  debt, 
default  or  miscarriage  of  another.  8.  Agreement  made  upon  consideration 
of  marriage.  4.  Contract  for  sales  of  land,  or  lease  therefor  longer  than  one 
year.  5.  Agreement  or  contract  not  to  be  performed  in  one  year  from 
making. 

Garnishment. — May  be  had  on  execution  or  by  attachment ;  shall  only 
affect  that  portion  of  laborer's  wages  due  at  time  of  service. — {See  Exemp~ 
Hon. ) 

Grace. — Three  days  allowed,  except  on  bills  of  exchange  payable  at 
sight. 

Homestead.  — ( See  JSxemptions. ) 

ITeim.74 


TENNESSEE.  731 

Interest  and  Usury. — Legal  rate,  six  per  cent.  Contract  for  morn  is 
void  as  to  excess.  Instniment  showing  usury  on  its  face  cannot  be  sued  on. 
Usury  collected  may  be  recovered  by  party  paying  it,  his  representative  or 
judgment  creditor. 

Judgments. — In  courts  of  record,  rendered  in  county  of  defendant's  resi- 
dence, are  lien  on  his  lands  for  one  year,  if  sale  made  thereof  under  execu- 
tion in  that  time.  If  rendered  in  other  than  county  of  defendant's  residence, 
such  lien  only  from  time  of  registration  of  copy  of  judgment  in  his  county. 

Justice  of  tlje  Peace. — {See  Courts.) 

Liens. — Exist  in  favor  of  mechanics,  contractors,  sub-contractors,  found- 
ers, machinists,  journeymen,  or  other  person  employed  by  such  mechanic,  for 
work  done  or  material  furnished.  Landlord  has  lien  on  crop  for  rent  of 
land  and  for  food  and  clothing  furnished  tenants  to  enable  them  to  make 
erop.  Liens  on  realty,  vendor's  deeds  of  trust,  etc.,  barred,  uidess  suit  to 
enforce  same  is  brought  within  ten  years  from  maturity  of  debt. 

Limitations  of  Actions  or  Suits. — Actions  must  be  commenced  :  To 
recover  money  lost  at  gaming,  ninety  days.  For  slanderous  words,  within 
six  months.  For  libel,  malicious  prosecution,  personal  injuries,  false  impri- 
sonment, seduction,  breach  of  promise  of  marriage,  within  one  year.  For 
injury  to  personal  or  real  property,  detention  or  coavertion  of  personal  projv 
erty,  acting  against  suits  of  collecting  officer  for  money  collected,  within 
three  years.  Upon  contracts,  notes,  etc.,  within  six  years.  Against  guard- 
ians, executors,  etc.,  or  their  bonds;  actions  on  judgments  of  courts  of 
record  of  this  or  other  state ;  to  enforce  vendor's  liens,  mortgages  and  all 
other  cases  not  expressly  provided  for,  ten  years.  Revivor  :  Acknowledg- 
ment of  debt  and  promise  to  pay  ;  partial  payment  not  sufficient.  To 
recover  land  adversely  held  within  seven  years,  demands  of  agents'  f;clmini.<- 
trators  must'be  presented  or  sued  on  in  two  years  and  six  months,  if  resi- 
dent, and  three  years  and  six  months,  if  non-resident. 

Limited  Famership. — For  tlie  transaction  of  any  business,  excepting 
banking  or  insurance,  may  be  formed  under  articles  of  partnership,  subject 
to  conditions  of  code. 

Married  Women. — May  hold  real  and  personal  property  separate  from 
the  husband,  and  not  liable  for  his  debts  ;  may  eni]iloy  husband  as  agent  to 
invest  her  money  and  he  may  become  her  debtor.  Rents  and  profits  of  wife's 
lands  not  subject  to  her  husband's  debts.  May  sue  alone  if  husband  has 
deserted  her,  or  is  an  alien  living  abroad,  or  ascertained  to  be  insane  by  ver- 
dict of  jury.  In  petitions  for  divorce,  sues  in  her  own  name.  She  may  dis- 
pose of  her  real  estate  by  will,  but  not  so  as  to  defeat  the  curtesy.  Married 
woman  incapable  of  binding  herself  by  contract,  and  note  given  by  her  is 
void  either  as  principal  or  security.  Deeds  mu.st  be  signed  by  her  and  privy 
acknowledgment  had  under  form  j)rescribi;d  by  statute  to  bind  her. 

Mechanics'  Liens. — {See  Liens.) 

Minors. — Must  sue  by  next  friend.  Contracts  of,  generally  void,  except 
for  necessaries,  such  as  diet,  apparel,  lodging,  medicine,  etc.  If  contract  of 
oncertain  nature,  voidable  only  at  election  of  the  minor. 

Mortgages  and  Deeds  of  Trust. — The  latter  in  most  general  use  ;  can  1)6 
foreclosed  without  resort  tt)  courts  where  trustee  is  designated  therein  and 
that  power  given  him  ;  take  effect  from  registration  only  as  to  third  parties. 
I£  title  expressly  retained  by  seller  of  a  chattel  in  himself,  no  registration  or 
other  notice  necessary,  but  he  may  retake  it  from  innocent  purchaser  for 
ITenn.  8.1 


732  TENNESSEE. 

value  without  notice  wherever  found  in  the  state,  if  purchase  price  remains 
unpaid.  It  is  a  felony  for  maker  of  registered  mortgage  of  personal  prop- 
erty to  dispose  of  same  with  purpose  of  depriving  beneficiary  of  same. 

Form  of  Mortgage. 

I  hereby  convey  to the  following  land  (describing  it),  to  be  void  ux>oa 

condition  that  I  pay,  etc. 

Forvi  of  Deed  of  Trust. 

For  the  purpose  of  securing  to a  note  of  this  data^  due  at  twelve 

months,  with  interest  from  date  (or  as  the  case  may  be),  I  hereby  convey  to 

,  in  trust,  the  following  property  (describing  it)  ;  and,  if  the  note  is  not 

paid  at  maturity,  I  hereby  authorize to  sell  the  property  herein  con- 
veyed (stating  the  manner,  place  of  sale,  notice,  etc.),  to  execute  a  deed  to 
the  purchaser,  to  pay  off  the  amount  herein  secured,  with  interest  and  cost, 
and  to  hold  the  remainder  subject  to  my  order. 

Notes  and  Bills  of  Exchange. — {See  Bills,  etc.) 

Oatlis  and  Affidavits. — (-See  Accounts.) 

Partnership. — May  be  created  by  contract,  conduct  and  statement  of 
partners,  or  by  sharing  profits.  Contracts  to  bind  finn  must  be  in  its  name 
and  for  its  benefit.  Sale  of  goods  to  one  partner  within  scope  of  known 
business  of  firm,  is  sale  to  partnership,  but  void  as  to  firm  if  sold  on  his  pri- 
vate account.  Death,  retirement,  or  insanity  of  partner,  or  introduction  of 
new  one,  operates  a  dissolution  of  partnership. 

Proof  of  Claims. — {See  Accounts.) 

Hedemption. — Two  years  allowed  to  redeem  land  sold  at  execution  sale.s 
and  under  decrees  or  foreclosures  of  mortgages  and  deeds  of  trust,  where 
equity  of  redemption  is  not  expressly  waived  in  the  instrument. 

Replevin. — Lies  where  goods  or  chattels  are  wrongfully  seized  or  detained; 
when  property  seized  or  detained  does  not  exceed  $500  in  value,  action  may 
be  brought  before  ju.stice  of  the  peace.  Plaintiff'  or  agent  or  attorney  must 
make  oath,  and  give  bond  in  double  the  value  of  property  before  issuance  of 
writ. 

Seals. — Use  of  private  seals  in  written  contracts,  except  seals  of  cori)ora- 
tions,  is  abolished  by  statute. 

Security  for  Costs. — {See  Costs.) 

Stay  of  Execution. — On  all  judgments  before  justice  of  the  peace,  the 
defendant  is  entitled  to  stay  of  execution  for  eight  months,  upon  entering 
good  security  for  the  debt,  interest  and  costs  on  the  justices'  docket,  within 
two  days  after  rendition  of  judgment,  Sundays  excepted. 

Suits.— (  St^e  A ctions. ) 

Taxes. — Are  lien  on  real  estate  upon  which  assessed,  and  attach  as  be- 
tween vendor  and  vendee  lYom  January  10th  for  current  year,  payable  about 
November  of  year  assessed.  State  tax,  45  cents  on  every  $100  worth  of  tax- 
able property,  1887-8  ;  county  tax  cannot  exceed  this.  Merchants  pay  (ul 
valorem  tax  o{  45  cents  on  each  $100  of  average  capital  invested  by  them. 
Taxes  delinquent  and  bear  interest  from  first  Tuesday  of  February  follow- 
ing tbeir  assessment. 

[Term.  9.] 


TENNESSEE.  733 

Trust  Deeds —(-See  Mortgages.) 

Usury. — {See  Interest.) 

Wages. — {See  Exemptions.) 

Wills. — To  be  in  writing  to  convey  lands,  signed  by  two  disinterested  wit- 
nesses ;  but  paper  writing  found  among  valuable  papers  of  deceased,  appear- 
ing to  be  his  will,  with  name  subscribed  thereto,  or  inserted  in  some  part  of 
it,  good  if  proven  by  three  credible  witnesses.  Nuncupative,  not  good  where 
estate  exceeds  $250,  unless  proved  by  two  disinterested  witnesses,  nor  proved 
after  six  months,  unless  put  in  writing  within  ten  days  from  making.  Pro- 
bated where  testator  had  usual  residence. 

Witnesses. — Magistrate  or  clerk  may  issue  subpona  for;  parties  to  suit 
and  defendants  in  criminal  prosecutions,  now  competeot  to  testify  in  their 
ywn  behalf. 


ITenn, la] 


734 


TENNESSEE. 


ATTORNEYS  II^i  TENNESSEE. 


Bold  Face  Typo  denotes  county  seats.       A  dash  (— )  less  than  100  population. 
Figures  after  names  when  admitted  to  the  Bar.       A  star  (*)  Notaries  I'ublic. 
A  double  dagger  (I)  our  Compiler  of  Laws. 
A  dagger  (f)  torjner  recommendations  withdrawn. 


PLACE. 

COUNTY. 

NAMES   OF   ATTORNEYS.      POPULA*N. 

Alamo 

Crockett 

W.  F.  Poston. 

250 

Altamont 

Grundy 

Lind  &  Woodlee. 

100 

Ashland  City 

ChatLam 

L.  S.  D.  Power. 

500 

Athens 

McMinu 

Blizard  &  Son. 

1,259 

Benton 

Polk 

James  Parks. 

183 

Blountville 

Sullivan 

C.  J.  St.  John. 

300 

Bolivar 

Hardman 

A.  J.  Coates. 

1,043 

Bristol 

Sullivan 

N.  M.  Taylor. 

3,000 

Brownsville 

Haywood 

H.  J.  Livingston. 

2,564 

Bjrrdstown 

Pickett 

S.  M.  Turner. 

— 

Camden 

Benton 

T,  Davidson. 

525 

Celina 

Clay 

Hon.  J.  A.  Tite. 

200 

Centreville 

Hickman 

O.  H.  Nixon. 

450 

Charlotte 

Dickson 

W.  L.  GrigfTsby. 

350 

Chattanooga 

Hamilton 

J  t  Creed  F.  Bates, 

^  See  Curd  in  Appendix, page  xxiv. 

25,500 

Clarksville 

Montgomery 

John  F.  House. 

5,000 

Cleveland 

Bradley 

S.  P.  Gaut. 

2,000 

Clinton 

Anderson 

Hon.  W.  R.  Hicks. 

800 

Colimibia 

Maury 

(,  PIUGHES,  '70,  & 

i                 HATCHER,  '7r>. 

3,400 

Cookville 

Putnam 

H.  H.  Dillard. 

400 

Covington 

Tipton 

Sanford,  '67,  &  Young,  '79. 

798 

Crossville 

Cumberland 

W.  A.  llarnby. 

100 

Dandridge 

Jeffenson 

Pickle  &  Turner. 

1000 

Dayton 

Rhea 

T.  N.  L.  CUNNYNGH  AM,  '09.    400 

Decatur 

Meigs 

Smith  &  Robeson. 

300 

Decaturville 

Decatur 

J.  W.  Dolurty. 

252 

Dresden 

"Weakley 

H.  H.  Barr. 

600 

Dyersburgh 

Dyer 

Parks  &  Draper. 

3,000 

Elizabethton 

Carter 

J.  N.  EDENS.  '86 

362 

Erin 

Houston 

J.  S.  Lee. 

485 

Fayette  ville 

Lincoln 

J.  H.  HOLMAN  &  CARTER. 

2,104 

Franklin 

Williamson 

N.  N.  Cox. 

2,000 

Gainesborough 

Jackson 

R.  A.  Cox. 

353 

GaUatin 

Sumner 

B.  F.  Allen. 

3,500 

Greenville 

Greene 

James  Armitage. 

1,066 

Harts  ville 

Trousdale 

John  S.  McMurray. 

604 

Henderson 

Chester 

F.  O.  Nillard., 

700 

Humboldt 

Gibson 

W.  M.  McCall. 

2,000 

Huntingdon 

Carroll 

H.  C.  Townes. 

1,300 

TENNESSEE- 

735 

I'l.ACK. 

COUNTY. 

NAMES   OF    ATTORNEYS.     POPULA'N. 

Huntsville 

Scott 

Lindsay  &  Baker. 

l.W 

Jacksborough 

Campbell 

J.  E.  Johnston. 

300 

Jackson 

Madison 

Pitts,  Hays  «&  Meeks. 

5,377 

Jamestown 

Fentress 

8.  V.  Bowden. 

200 

Jasper 

Marion 

Spears  &  Spears. 

1,014 

Johnson  City 

Washington 

ISAAC  IIARR. 

1,000 

Jonesboro' 

Washington 

HON.  S.  KHIKPATRICK. 

•66     800 

Kingston 

Koane 

W.  H.  DIETZ. 

858 

Knoxville 

Knox 

•      Andrews  &  Thomburg. 

36,700 

La  Fayette 

Macon 

M.  N.  Alexander. 

372 

Lawrenceburg 

Lawrence 

G.  H.  Nixon. 

810 

Lebanon 

Wilson 

E.  E.  Beard. 

2,296 

Lewisbiirgh 

Marshall 

W.  W.  Walker. 

460 

Lexington 

Henderson 

W.  T.  Logan. 

329 

Linden 

Perry 

J  as.  L.  Sloan. 

250 

Livingston 

Overton 

W.  W.  Goodpasture. 

315 

London 

London 

Chambers  &  McQueen. 

1,070 

Lsmchburg 

Moore 

Holman  &  Parks. 

814 

McMinnville 

Warren 

W.  E.  B.  Jones. 

1,500 

Madisonville 

i^Ionroe 

Stephens  &  Hicks. 

500 

Manchester 

Coffee 

P.  C.  Isbell. 

438 

Maryville 

Blout 

W.  A.  McTeck. 

1,500 

Maynardsville 

Union 

C.  Acuff. 

100 

Memphis 

Shelby 

W.  D.  Beard. 

55,000 

Milan 

Gibson 

V.  L.  Ware. 

3,000 

Morristown 

Hamblen 

King,  Gammon  &  Laffeity. 

3,000 

.>[ossy  Creek 

Jefferson 

CHAS.  B.  BRANNER. 

300 

Murfreesborougli 

Rutherford 

Palmer  &  Palmer, 
f  G.  N.  TILLMAN, 
1              8  Cole  Building. 

3,000 

Ifashville 

Davidson 

■;  E.  T.  Fleming, 

43,561 

I              Room  31  Cole  Buildir 

'g- 

L  t  F.  Reddick. 

NewbeiTi 

Dyer 

T.  W.  Buniey. 

1,500 

ITewport 

Cooke 

W.  C.  Anderson. 

347 

Ooltewah 

James 

J.  P.  Parker. 

:300 

Paris 

Henry 

Aden  &  Williams. 

1,767 

Pikeville 

Bledsoe 

F.  H.  Mercer. 

225 

Fnlaski 

Giles 

.Jones,  Son  &  Ewing. 

2,089 

Purdy 

McNairy 

A.  McDougal. 

325 

Ripley 

Lauderdale 

James  Oldham. 

1,100 

Rockwood 

Roane 

F.  D.  Owing. 

1,011 

Rodgersville 

Hawkins 

McDermott  &  Kyle. 

1,230 

Rutledge 

Grainger 

A.  S.  Tate. 

250 

Savannah 

Hardin 

J.  C.  Mitchell. 

1,006 

Sevierville 

Sevier 

Pickle,  Turner  &  McMahon, 

400 

Shelbyville 

Bedford 

Cooper  &  Frierson. 

3,600 

Smithville 

DeKalb 

T.  W.  Wade. 

500 

Sneedville 

Hancock 

L.  M.  .larvis. 

250 

Somerville 

Fayette 

II.  C.  Moorman. 

1,000 

Sparta 

White 

L.  D.  Hill. 

300 

Spencer 

Van  Buren 

R.  J.  Head.' 

217 

Springfield 

Robertson 

Stark  &  Stark. 

1,200 

i^weet  Water 

Monroe 

Young  «&  Sizer. 

1,495 

Taylors  vllle 

Johnson 

Butler  &  Donnelly. 

390 

Tazewell 

Claiborn 

.Iosey}h  Ansmus. 

500 

Tiptonville 

Lake 

M.  A.  Lowe. 

946 

Trenton 

Gibson 

WALKER.  '77,  &  WADE,  " 

79.  1,:583 

736 

TENNESSEE. 

PLACK. 

COUNTY. 

NAMES   OF   ATTORNEYB.      I'flPin.'V'N. 

Troy 

Obion 

J.  G.  Smith. 

1,180 

TuUahoma 

Coifee 

James  G.  Aydlott. 

3,500 

Union  City 

Obion 

FELIX  W.  MOORE,  '74. 

1.890 

Washington 

Rhea 

Looke  &  Locke. 

300 

Wartburgli 

Morgan 

( See  JIuntsville. ) 

300 

Waverly 

Humphreys 

H.  C.  Carter. 

510 

Waynesborough 

Wayne 

Frank  Boyd. 

830 

Winchester 

Franklin 

W.  H.  Brannan. 

1.500 

Woodbury 

Cannon 

•W.  C.  Houston. 

393 

TENNESSEE. 


737 


BANKS   IN  TENNESSEE. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  of  one 
bank  in  each  county  of  this  state  in  which  such  a  banking  institution  is  located. 


Athens 

Bristol 

Brownsvillo 

('eutreville 

Charleston 

Chattanooga 

Clarksvillu 

Cleveland 

(/Olunibia 

Dyersburj^ 

Fayetteville 

Franklin 

Gallatin 

ilartsville 

Jackson 

Johnson  City 

Jonesboro 

Knoxville 

Lebanon 

Lewisburg 

Maryville 

McMinnville 

Memphis 

Milan 

Morristown 

Murfreesboro 

Nashville 

Paris 

Pulaski 

Rogersville 

Shelbyville 

Sparta 

Springfield 

Sweetwater 

Trenton 

Tallahoma 

Union  City 


KAME    OF   BANK. 

First  National  Bank 
Nat  Bank  of  Bristol 
Brownsville  Saving  Bank 
First  National  Bank 
Bank  of  Charleston 

First  National  Bank 

i<  i.  It 

Cleveland  National  Bank 
Columbia  Banking  Co 
Bank  of  Dyersburg 
First  National  Bank 
Nat  Bank  of  Franklin 
Bank  of  Gallatin 
Bank  of  Hartsville 
First  National  Bank 
Bank  of  Johnson  City 
Jonesboro  Bk'g  &  Trust  Co 
Mechanics'  Nat  Bank 
Second  Nat  Bank 
Bank  of  Lewisburg 
Bank  of  !Maryville 
Nat  Bank  of  McMinnville 
Union  and  Planters'  Bank 
E.  A.  Collins 
First  National  Bank 


Commercial  Bank 
Giles  National  Bank 
"Rogersville  Bank 
Nat  Bank  of  Shelbyville 
First  National  Bank 
Springfield  Nat  Bank 
Bank  of  Sweetwater 
Gibson  County  Bank 
First  National  Bank 
Bank  of  Union  City 


PAID  UP 

CASHIEK. 

CAPITAL. 

R.  J.  Fisher. 

50,000 

J.  W.  Carr. 

50.000 

A.  W.  Brockway. 

38,000 

John  T.  Walker. 

50.000 

T.  J.  Knox. 

«5,000 

H.  C.  Squire. 

200,000 

B.  W.  Macrae. 

100.000 

John  H.  Parker. 

150,000 

L.  Friersom. 

100.000 

K.  H.  Campbell 

10,000 

J.  R.  Feeney. 

HO,  000 

Jos.  L.  Parkes. 

100,000 

W.  R.  Tompkins. 

25,(500 

:M.  L.  Wright. 

20,000 

Wm.  A.  Caldwell. 

50,000 

H.  R.  Kenyon 

20,000 

Wm.  G.  Mathes. 

12,500 

Sam  House. 

100,000 

W.  11.  Brown. 

70,000 

J.  T.  Dean. 

20,000 

J.  D.  Burger, 

50,000 

Jesse  Walling. 

70.000 

S.  P.  Read. 

600,000 

75,000 

Geo.  S.  Crouch. 

50,000 

n.  11.  Williams. 

100,000 

H.  W.  Grantland. 

1,000,000 

Alex.  B.  White. 

50,000 

John  D.  Flautt. 

100,000 

W.  D.  Kenner. 

30,000 

B.  R.  Whitthome. 

50,000 

J.  N.  W^alling. 

50,000 

Thomas  Pepi)er. 

(J0,000 

W.  A.  Campbell. 

50,000 

H.  M.  Elder. 

50.000 

L.  D.  Hickerson,  Jr. 

50,000 

11.  L.  Elder. 

50,000 

STATE   OF 

TEXAS. 

SUMMARY  OF 

Collection    Laws. 

Court  Calendar,  Instructions  kok  taking  Depositions.  Legal  Forms,  Etc. 

Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "  Showers' 

Legal  Directory  and  Merchants'  Guide,"  for  1888,  by 

Chas.  H.  Mayfield,  of  the  San  Antonio  Bar. 

Accounts. — How  Sworn  To. — Open  accounts  should  have  attached  the  affi- 
davit of  the  i^laintift",  his  agent  or  attorney,  to  the  effect  that  such  account 
is,  within  the  knowledge  of  affiant,  just  and  true  ;  that  it  is  due,  and  that 
all  just  and  lawful  ottsetts,  payments  and  credits  have  been  allowed.  If 
made  by  agent  or  attorney,  the  tjody  of  the  affidavit  should  allege  the  fact. 

Form  of  Affidarit  to  Prove  (Oi  Account. 

State  op  Texas     } 
County  of .  <i     ' 

Before  me, ,  a  notary  public,  in  and  for  the  said  county  of ,  duly 

commissioned  and  qualified,  on  this  day  personally  appeared ,  who,  being 

duly  sworn,  say ;  that  the  foregoing  and  annexed  account  in  favor  of 

,  and  against ,  showing  an  amount  due  of  $ ,  is  within  the 

knowledge  of  affiant,  just  and  true,  and  unpaid  ;  that  the  said  sum  of  $  ■ 

is  now  due  and  owing  to ,  and  that  all  jvist  and  lawful  offsets,  credits 

and  payments  have  been  allowed.  (Affiant's  signature.) 

Swoni  to  and  subscribed  before  me,  to  certify  which  I  hereunto  sign  my 

name  and  affix  my  seal  of  office,  this,  the day  of ,  A.  D.  18 — . 

,  [Title.) 

Acknowledgments. — The  acknowledgment  or  proof  of  an  instrument  of 
writing  for  record  may  be  made  within  this  state  before  either  :  1.  A  clerk 
of  the  district  courts  ;  2.  A  judge  or  clerk  of  the  county  court ;  or,  3,  A 
notary  public. 

Such  acknowledgment  may  be  made  without  this  state  but  within  the 
United  States  or  their  territories,  before  either  :  1.  A  clerk  of  some  court  of 
lecord  liaving  a  seal ;  2.  A  commissioner  of  deeds,  duly  apjiointed  under 
the  laws  of  this  state,  or  a  notary  ptibHc. 

Such  acknowledgment  may  be  made  without  the  United  States,  before 
cither:  1.  A  minister,  commissioner,  or  charge  d'affaires  of  the  United 
States,  resident  and  accredited  in  the  county  where  the  proof  or  acknowledg- 
ment is  made.  2.  A  consul  general,  consul,  vice-consul,  commercial  agent, 
vice  commercial  agent,  deputy  consul,  or  consular  agent  of  the  United 
States,  resident  in  the  country  where  the  proof  or  acknowledgment  is  made, 
or,   3.  A  notary  public. 

[Texas  I.] 


TEXAS.  739 

Form  of  Acknowledgment. 

State  op  Texas,         ? 
County  of .    *»     ' 

Before  me, ,  a  notary  public,  in  and  for  the  county  of ,  on  this  day 

personally  appeared ,  known  to  me  to  be  the  person —  whose  name 

subscribed  to  the  foregoinjj  instrument,  and acknowledged  to  me  that 

■ executed  the  same  for  the  i^urpose  and  consideration  therein  ex- 
pressed. 

Given  under  my  hand  and  seal  of  office  at ,  this day  of ,  A. 

D.   18—. 

Form  of  Acknoicledgment  of  Married  Women. 

State  op  Texas,         'i 
County  ok .    '^     ' 

Before  me, ,  a  notary  public,  in  and  for  the  county  of ,  on  this  day 

personally  appeared ,  wife  of ,  known  to  me  to  be  the  person  whose 

name  is  subscribed  to  the  foregoing  instrument,  and  having  been  examined 
by  me  privily  and  apart  from  her  husband,  and  having  the  same  fully  ex- 
plained to  her,  she,  the  said  ,  acknowledged  such  instrument  to  be  her 

act  and  deed,  and  declared  that  she  had  willingly  signed  the  same  for  the 
purpose  and  consideration  therein  expressed,  and  that  she  did  not  wish  to 
retract  it. 

Given  under  my  hand  and  seal  of  office,  at ,  this day  of ,  A. 

D.  18—  ,  (Title.) 

Actions. — No  distinction  between  law  and  equity.  In  the  district  and 
county  court  are  begun  by  petition,  clearly  setting  out  plaintilfs  cause  of 
action  and  ending  with  a  prayer  for  relief.  The  clerk  of  such  court  then 
issues  a  writ  of  citation  to  the  defendant,  to  the  county  where  his  residence 
is  alleged  to  be.  If  the  defendant  resides  in  the  county  where  suit  is  insti- 
tuted, the  writ  only  is  served  on  him ;  but  if  without  the  county,  he  must 
also  be  served  with  a  certified  copy  of  plaintiff's  petition.  Such  writ  of  cita- 
tion must  be  served  at  least  five  days  previous  to  the  first  day  of  the  next 
term  of  court,  exclusive  of  the  day  of  service  and  return  thereof,  to  compel 
defendant  to  answer  at  such  term,  lie  may,  however,  waive  tho  service,  or 
tome  into  court  and  answer  therein,  if  he  desires. 

In  justices'  courts  pleadings  are  either  oral  or  in  writing.  The  defendant, 
after  being  duly  served  with  citation,  must  answer  on  the  fifth  day  if  in  the 
district  court,  on  third  day  if  in  the  county  court,  and  on  the  first  day  if  in 
the  justices'  court,  as  otherwise  judgment  by  default  may  be  rendered 
against  him. 

Where  plaintiff,  his  agent  or  attorney,  makes  oath  that  defendant  is  a  non- 
resident of  the  state,  is  absent  from  the  state,  is  a  transient  person,  or  that 
his  residence  is  unknown  to  affiant,  the  clerk  shall  issue  citation  addressed  to 
the  sheriff'  or  any  constable  of  the  covmty  where  suit  is  pending,  who  serves 
the  same  by  publication  in  some  newspaper  published  in  the  county  (or  if 
none  is  published  in  such  county)  then  in  any  newspaper  published  in  the 
judicial  district  where  such  suit  is  pending  (or  if  none  is  published  in  said 
district)  then  in  the  nearest  district  thereto,  once  in  each  week  for  four  con- 
secutive weeks  before  the  return  day. 

AVhen  service  is  had  by  publication,  the  defendant  has  until  the  appear- 
ance day  of  the  next  succeeding  term,  after  such  publication  for  four  weeks 
has  been  made,  to  g,nswer. 

In  any  case,  defendant  may  waive  or  accept  service  of  citation,  or  appear 
without  service  thereof,  and  answer,  and  in  all  cases  where  au  answer  is 
filed,  further  service  of  citation  is  unnecessary. 
[Texas  2.] 


740  TEXAS. 

Admmistration. — County  cow-t  has  general  jurisdiction  in  probate  mat- 
ters, and  shall  probate  wills,  grant  letters  testamentary  or  of  administraTiou, 
settle  the  accounts  of  executors  and  administrators  and  transact  all  business- 
appertaining  to  the  estates  of  deceased  persons,  including  the  settlement, 
partition  and  distribution  of  such  estates. 

The  district  court  has  appellate  jurisdiction  and  general  control  in  probate 
matters  over  the  county  court.  Wills  shall  be  admitted  to  i)robate.  and  Ict.- 
ters  testamentary  and  of  administration  shall  be  granted  as  follows  :  1.  In 
the  county  where  the  deceased  resided  if  he  had  a  domicile  or  fixed  place  of 
residence  in  the  state.  2.  If  the  deceased  had  a  domicile  or  fixed  place  of 
residence,  but  died  in  the  state;  then  either  in  the  county  where  his  i^rinci- 
pal  property  was  at  the  time  of  his  death,  or  in  the  county  where  he  died. 

3.  If  he  had  no  domicile  or  fixed  place  of  residence  in  the  state  and  died 
without  the  limits  of  the  state,  then  in  any  county  in  this  state,  where  his^ 
nearest  kin  may  reside.  4.  If  he  had  no  kindred  in  this  state,  then  iu  the 
county  where  his  principal  estate  was  at  the  time  of  his  death. 

Applications  for  letters  testamentary  or  of  administration  must  be  filed 
within  four  years  after  the  death  of  the  testator  or  intestate,  otherwise  such 
application  shall  be  refused  and  dismissed.  Such  applicatien  must  be  in 
writing  and  filed  with  the  clerk  of  the  county  court. 

Application  for  the  probate  of  a  written  will  produced  in  court  shall  state  : 
1.  The  name  of  the  testator,  and  that  he  is  dead,  and  the  time  and  place  of 
his  death  2.  The  facts  necessary  to  show  that  the  court  has  jurisdiction  of 
the  estate,  3.  The  nature  and  probable  value  of  the  estate.  4.  The  name 
and  residence  of  the  executor  named  in  the  will,  if  any,  and  if  none  be  named 
in  the  will,  then  the  name  and  residence  of  the  applicant.  5.  That  such  ex- 
ecutor or  applicant,  as  the  case  may  be,  is  not  disqualified  by  law  from  ac- 
cepting letters,  if  letters  be  desired. 

The  written  will  shall  be  filed  with  the  application  for  the  probate  thereof, 
and  shall  thereafter  remain  in  the  office  of  the  clerk  with  whom  it  is  filed,, 
unless  removed  therefrom  by  order  of  the  county  or  district  court. 

An  application  for  the  probate  of  a  written  will  which  cannot  be  produced! 
in  open  court,  in  addition  to  the  requirements  above  mentioned,  shall  state  : 
1.  The  reason  why  such  will  cannot  be  produced.  2.  The  contents  of  such 
will  as  far  as  known.  3.  The  date  of  such  will  and  the  executor  appointed 
therein,  if  any,  and  the  names  of  tlie  subscribing  witnesses  thereto,  if  any. 

4.  The  names  and  residences,  if  known,  of  all  the  heirs  at  law  of  the  testa- 
tor, and  if  not  known,  that  fact  shall  be  stated,  and  such  application  shall  be- 
sworn  to. 

Application  for  the  probate  of  a  nuncupative  will  in  addition  to  that  for 
the  probate  of  a  written  will,  must  state:  1.  The  substance  of  the  testa- 
mentary words  spoken.  2.  The  names  and  residence  of  the  witness  thereto; 
3.  The  names  and  residences,  if  known,  of  the  heirs  at  law  of  the  testator, 
and  if  not  known  thatfact  shall  be  stated.     Such  application  shall  be  swomto. 

Application  for  letters  of  administration  shall  state  :  1.  The  name  of  the' 
deceased,  that  he  is  dead,  and  the  time  and  place  of  his  death,  and  that  he 
died  intestate.  2.  The  facts  necessary  to  show  that  the  court  has  jurisdic- 
tion of  the  estate.  3.  The  nature  and  probable  value  of  the  estate.  4.  That 
a  necessity  exists  for  an  administration  upon  such  estate,  setting  forth  the 
facts  which  show  such  necessity.  5.  That  the  applicant  is  not  disqualified 
by  law  to  act  as  administrator. 

Letters  shall  not  be  granted  to  any  person  under  21  years  of  age,  or  of 
unsound  mind,  provided,  however,  they  may  be  granted  to  a  surviving  hus- 
band or  wife  who  may  be  under  21  years  of  age. 

Letters  are  granted  to  persons  who  are  qualified  to  act,  in  the  following 
order:  1.  To  the  person  named  as  executor  in  the  will  of  the  deceased.  2. 
To  the  surviving  husband  or  wife.  3.  To  the  principal  devisee  or  legatee 
of  the  testator.  4.  To  any  devisee  or  legatee  of  the  testator.  5.  To  the 
next  of  kin  of  the  deceased,  the  nearest  in  the  order  of  descent  first,  and  so 
on.  6.  To  a  creditor  of  the  deceased.  7.  To  any  person  of  good  character 
residing  in  the  county. 

[Tcxa.s  3.] 


TEXA.S.  741 

Before  grantinjj  letters  testamentarj'  it  must  api)car  to  the  court :  1 .  That 
the  person  is  dead,  2.  That  four  years  have  not  elapsed  since  his  decease, 
prior  to  the  application.  3.  That  the  court  has  jurisdiction  of  the  estate. 
4.  That  the  will  has  been  proved  as  prescribed  by  law.  5.  That  the  person 
to  whom  the  letters  are  to  be  granted  is  named  as  executor  in  the  will.  G. 
That  the  person  named  as  executor  is  not  disqualified  by  law. 

Before  grantinjr  letters  of  administration  it  must  appear:  1.  That  the 
persini  is  dead.  2.  That  four  years  have  not  elapsed  since  his  decease,  prior 
to  the  application.  3.  That  the  court  has  jurisdiction  of  the  estate.  4.  That 
there  is  a  necessity  for  an  administraticm  upon  such  estate,  and  5.  That  the 
jHjrsou  to  whom  the  letters  are  about  to  be  granted  is  entitled  thereto  bylaw 
jind  is  not  disqualified. 

A  temporary  administrator  may  be  appointed  when  it  is  made  to  appear  to 
the  county  judge  that  the  interest  of  an  estate  requires  tlie  immediate  aj)- 
pointmcnt  of  an  admiinstrator.  Such  appointment  may  be  made  either  with 
or  without  written  application  and  without  citation. 

Before  the  issuance  of  letters  testamentary  or  of  administration,  the  per- 
son to  receive  the  same  shall  enter  into  a  bond,  with  at  least  two  good  and 
.»<uflBcii^nt  sureties,  bona-fide  residents  of  this  state,  to  be  approved  by  and 
payable  to  the  county  judge,  in  a  sum  not  less  than  double  the  estimated 
value  of  the  decedents'  estate,  excejjt  in  the  case  of  temporary  administra- 
tion, in  which  case  the  bond  shall  be  fixed  in  such  sum  as  the  county  judge 
anay  direct. 

Where  hvisband  or  wife  dies  intestate,  leaving  no  child  or  children,  the 
•common  property  passes  to  the  survivor,  subject  to  community  debts,  and 
no  administrator  is  necessary. 

Claims  against  an  estate  are  classed  and  have  priority  as  follows  :  1.  Funcr- 
■<\\  expenses  and  expenses  of  last  sickness.  2.  Expenses  of  administration 
and  the  expenses  incurred  in  the  preservation,  safe  keeping  and  management 
of  the  estate.  3.  Claims  secured  by  mortgage  or  other  liens  so  far  as  tlie 
«ame  can  be  paid  out  of  tlie  proceeds  of  the  property,  subject  to  such  mort- 
gage or  other  lien,  and  when  more  than  one  mortgage  or  lion  shall  exist 
upon  the  same  property,  the  oldest  shall  be  first  paid  ;  but  no  preference 
>liall  be  given  to  such  claim  secured  by  mortgage  or  lien  further  than  regards 
ihe  property  subject  to  such  mortgage  or  other  lien.  4.  All  claims  legally 
exhibited  within  one  year  after  the  original  grant  of  letters  testamentary  or 
■.>f  administration.  5.  All  claims  legally  exhibited  after  the  lapse  of  one 
y  ear  from  the  original  grant  of  letters  testamentary  or  of  administration. 
0.  All  claims  legally  exhibited  after  the  lapse  of  one  year  from  the  original 
grant  of  letters  testamentary  or  of  administration. 

Executor  or  administrator,  within  one  month  after  receiving  letters,  must 
publish  in  a  newspaper  (if  one  is  published  in  the  county)  a  notice  requiring 
all  persons  to  present  such  claims  as  they  may  have  within  the  time  required 
by  law,  and  such  notice  must  be  published  once  a  week  for  four  successive 
weeks.  If  there  be  no  newspaper  then  it  shall  be  posted  at  the  courthouse 
<loor  for  same  length  of  time. 

When  all  the  debts  against  an  estate  have  been  paid,  or  so  far  as  the  assets 
of  the  estate,  in  the  hands  of  the  executor  or  administrator  will  permit,  he 
shall  present  to  the  court  his  account  of  final  settlement,  verified  by  affida- 
vit, which  shall  show:  1.  The  property  that  has  come  into  his  hands,  be- 
longing to  the  estate.  2.  The  disposition  that  has  been  made  of  any  of  such 
])roperty.  3.  The  debts  that  have  been  i^aid.  4.  The  debts  and  expenses,  if 
any,  still  owing  by  the  estate.  5.  The  property  of  the  estate,  if  any,  still 
remaining  on  hand.  6.  The  persons  entitled  to  receive  any  portion  of  such 
estate,  and  their  residences,  if  known,  and  whether  adults  or  minors,  and  if 
minors,  the  names  of  their  guardians.  7.  Any  advancement  or  payments 
that  may  have  been  made  by  the  executor  or  administrator  from  such  estate 
to  any  such  person.  8.  Said  account  shall  be  accompanied  by  proper  vouch- 
ers in  support  of  each  item  thereof,  and  such  account  and  vouchers  shall  bo 
filed  with  the  clerk,  either  in  term  time  or  in  vacation. 
iTexas  -i. 


742  TEXAS, 

Appeals  from  any  decision,  order,  decree  or  judgment  of  the  county  court, 
shall  be  to  the  district  court. 

No  claim  shall  be  allowed  by  the  executor  or  administrator  unless  the  same 
is  accompanied  by  affidavit  in  writing,  that  the  same  is  just  and  that  all 
legal  oifsets,  payments  and  credits  known  to  affiant  have  been  allowed. 

Affidavits. — All  oaths  and  affirmations  shall  be  administered  iu  the  mode 
most  binding  on  the  conscience,  and  taken  subject  to  the  pains  and  penalties 
of  perjury.  When  made  in  the  course  of  any  judicial  proceeding,  may  be 
administered  by  the  judge  or  clerk  of  court  or  justice  of  the  peace,  as  the 
case  may  be.  Affidavits  in  all  cases  may  be  made  either  by  the  iJarty,  his 
agent  or  attorney,  and  must  be  in  writing  and  signed  by  the  party. 

Aliens. — Shall  have  and  enjoy  in  this  state  such  rights  as  are,  or  shall  be, 
accorded  to  the  citizens  of  the  United  States  by  the  laws  of  the  nation,  to 
which  such  alien  shall  belong,  or  by  the  treaties  of  such  nation  with  the 
United  States. 

Any  alien  who  shall  become  a  resident  of  this  state,  and  shall,  in  conform- 
ity with  the  naturalization  laws  of  the  United  States, have  declared  his  inten- 
tion to  become  a  citizen  of  the  United  States,  shall  have  the  right  to  acquire 
and  hold  real  estate  in  this  state,  in  the  same  manner  as  if  he  was  a  citizeu 
of  the  United  States. 

Appeals. — May  be  taken  to  the  supreme  court  from  every  final  judgment 
of  the  district  court  in  civil  cases.  May  be  taken  to  the  court  of  appeals 
from  every  final  judgment  of  the  county  court  in  civil  cases,  when  such 
county  court  has  original  jurisdiction,  and  also  from  any  final  judgments  of 
the  county  court  rendered  on  appeal  or  certiorari ;  in  civil  cases,  taken  from 
justices'  courts,  when  the  judgment  or  amount  in  controversy  exceeds  the 
sura  of  one  hundred  dollars. 

The  party  appealing  is  called  appellant.  The  adverse  party  is  called 
appellee.  Appeal  is  taken  by  giving  notice  of  appeal  in  open  court,  which 
is  noted  on  the  docket  and  entered  of  record,  and  by  filing  with  the  clerk  of 
the  court  an  appeal  bond,  or  affidavit  in  lieu  thereof  (of  inability  to  give 
bond)  within  twenty  days  after  the  expiration  of  the  term. 

Writ  of  error  must  be  sued  out  within  two  years  after  final  judgment, 
except  in  cases  of  infants,  married  women  and  persons  of  unsound  miud. 
who  shall  have  two  years  after  their  disabilities  are  removed. 

Appeal  bond  must  be  filed  and  approved  by  the  clerk  within  twenty  days 
after  adjournment  of  court. 

May  be  taken  from  justices'  court  when  the  judgment  or  amount  iu  con- 
troversy, exclusive  of  costs,  exceeds  $20,  by  giving  necessary  appeal  bouii 
within  ten  days  after  judgments,  and  overruling  any  motion  for  a  new  trial. 
In  such  case  the  trial  in  the  higher  court  is  had,  de  novo. 

Arrest. — None  in  civil  actions  for  debt. 

Assignments. — Assignments  by  any  insolvent  debtor,  or  in  contemplation 
of  insolvency,  must  provide  for  a  distribution  of  all  his  estate,  other  than 
that  exempt  by  law  from  execution,  among  all  his  creditors,  in  proportion  to 
their  respective  claims,  and,  however  expressed,  shall  be  construed,  and 
shall  be  acknowledged,  certified  and  recorded,  as  are  other  conveyances  of 
property. 

He  shall  annex  an  inventory  containing  the  following  statement :  1st.  A 
full  account  of  all  creditors.  2d.  Residence  of  each  creditor,  or,  if  not 
known  fact  stated.  3d.  Sum  owing  each  creditor,  and  nature  of  debt.  4th. 
True  cause,  and  consideration  of  each  debt,  and  where  it  arose.  5th.  State- 
ment of  any  security  for  any  debt.  6th.  A  full  and  true  inventory  of  all  the 
debtor's  estate,  and  all  vouchers  and  securities,  and  value  thereof.  7th. 
An  affidavit  made  by  the  debtor  shall  be  annexed,  that  the  same  is  in  all 
respects  just  and  true. 

'  [Texas  5.] 


TEXAS.  743 

A  debtor  may  make  an  assignment  for  such  of  his  creditors  only  as  will 
accept  their  pro  rata  of  the  assignor's  property  in  full  payment  of  their 
claims,  provided  that  the  debtor  shall  nut  be  released  unless  the  creditor 
realizes  33|  per  cent,  of  his  claim.  Assignee  shall,  within  thirty  days,  give 
notice  of  his  appointment  in  newspaper,  and  give  personal  notice,  or  notice 
by  mail,  to  each  creditor.  The  creditors  who  consent  in  writing  within  four 
months  after  publication  alone  receive  or  take  benefit  ;  provided,  any  credi- 
tor who  had  no  notice  may  make  known  assent  at  any  time,  and,  provided, 
that  the  receii^t  of  any  portion  of  his  claim  shall  be  conclusive  evidcHce  of 
assent  of  any  creditor. 

Assignee  shall  at  once  record  assignment,  and  make  bond,  with  good 
securities.  Every  consenting  creditor  shall,  within  six  months  from  first 
publication  of  notice,  file  with  the  assignee  a  distinct  statement  of  his  claim, 
supported  by  affidavit  that  the  statement  is  true  ;  that  the  debt  is  just,  and 
that  there  are  no  credits  or  ofl'sets  that  should  be  allowed  against  the  claim, 
except  as  shown  by  the  statement ;  and  no  creditor  takes  benefit  who  fails  to 
do  this.  Any  creditor  not  consenting  may  garnishee  assignee  for  any  balance 
in  his  hands  after  paying  creditors  who  consent.  All  property  conveyed  by 
assignor  previous  to  and  in  contemplation  of  the  assignment,  with  intent  to 
defeat,  delay  or  defraud  creditors,  or  give  preference,  shall  pass  to  the  assig- 
nee. Every  lien  given  by  owner  upon  goods  exposed  to  sale  in  regular 
course  of  business,  contemplating  a  continuance,  and  control  of  business, 
and  possession  of  goods  by  owner,  shall  be  deemed  fraudulent  and  void. 

Attachments. — The  judges  and  clerks  of  the  district  and  county  courts 
and  justices  of  the  peace  may  issue  writs  of  original  attachments,  return- 
able to  their  respective  courts,  upon  the  jdaintiff,  his  agent  or  attorney  mak- 
ing an  affidavit  in  writing,  stating  :  1st.  That  the  defendant  is  justly  in- 
debted to  the  plaintiff  and  the  amount  of  the  demand  ;  and,  2nd.  That  the 
defendant  is  not  a  resident  of  the  state,  or  is  a  foreign  corporation  or  is 
acting  as  such  ;  or,  3rd.  That  he  is  about  to  remove  permanently  out  of  the 
state,  and  has  refused  to  pay  or  secure  the  debt  due  the  plaintiff ;  or,  4th. 
That  he  secretes  himself  so  that  the  ordinary  process  of  law  cannot  be  served 
on  him  ;  or,  5th.  That  he  secreted  his  property  for  the  purpose  of  defraud- 
ing his  creditors ;  or,  6th.  That  he  is  about  to  secrete  his  property  for  the 
purpose  of  defrauding  his  creditors  ;  or,  7th.  That  he  is  about  to  remove 
his  property  out  of  the  state,  without  leaving  sufficient  remaining  for  the 
payment  of  his  debts  ;  or,  8th.  That  he  is  about  to  remove  his  property,  or 
a  part  thereof,  out  of  the  county  where  the  suit  is  brought,  with  intent  to 
tlefraud  his  creditors ;  or,  9th.  That  he  has  disposed  of  his  property,  in 
whole  or  in  part,  with  intent  to  defraud  his  creditors  ;  or,  10th.  That  he  is 
about  to  dispose  of  his  projierty  with  intent  to  defraud  his  creditors  ;  or, 
Uth.  That  he  is  about  toconvert  his  property,  or  a  part  thereof,  into  money, 
for  the  purpose  of  placing  it  beyond  the  reach  of  his  creditors  ;  or,  13th. 
That  the  debt  is  due  for  property  obtained  under  false  pretenses. 

The  affidavit  shall  further  state:  1st.  That  the  attachment  is  not  sued 
out  for  the  purpose  of  injuring  or  harassing  the  defendant ;  and,  2nd.  That 
the  plaintiff  will  probal)ly  lose  his  debt,  unless  such  attachment  is  issued. 

May  be  issued,  in  a  proper  case,  at  any  time  after  suit  is  filed,  or  at  the 
time  of  filing  suit,  and  whether  the  debt  is  due  or  not,  but  no  final  judgment 
shall  be  rendered  against  defendant  until  such  debt  or  demand  is  due. 

Before  an  attachment  is  issued,  plaintiff  nuist  execute  a  bond  with  two  or 
more  good  and  sufficient  sureties,  i)ayal)le  to  defendant,  in  a  sum  at  least 
double  the  amount  sued  for,  conditioned  :  "That  the  plaintiff  will  prosecute 
his  suit  to  effect  and  will  pay  all  such  damages  and  costs  as  shall  be  adjudged 
against  him  for  wrongfully  suing  out  su(;h  attachment.'' 

Several  attachments  may  be  issiuul  at  the  same  time,  or  in  succession,  and 
sent  to  different  counties,  until  sufficient  property  shall  be  attached  to 
(satisfy  the  writ.  Any  levy  is  at  the  officer's  own  risk,  and  for  his  indemnin- 
cation  he  may  require  an  indemnity  bond  from  plaintiff.  Writ  of  attachment 
can  only  be  levied  on  such  property  as  is  subject  to  execution. 
ITexas  6.1 


744  TEXAS. 

Any  person  may  claim  the  proiierty  levied  on,  by  making  oath,  in  writing, 
that  such  claim  is  made  in  good  faith,  and  present  such  oath  in  writing  to 
the  officer  who  made  the  levy,  and  when  so  claiming,  the  claimant  must  give 
bond,  conditioned,  "that  the  party  making  such  claim,  incase  he  fails  to 
establish  his  right  to  such  property,  shall  I'eturn  the  same  to  the  officer 
making  the  levy,  or  his  successor,  in  as  good  condition  as  he  received  it,  and 
shall  also  pay  the  reasonable  value  of  the  use,  hire,  increase  and  fruits 
thereof  from  the  date  of  said  bond,  or  in  case  he  fails  so  to  return  said  prop- 
erty and  i3ay  for  the  use  of  the  same,  he  shall  pay  the  plaintiff  the  value  of 
said  property,  with  legal  interest  thereon,  from  the  sale  of  the  bond,  and 
shall  also  pay  all  damages  and  costs  that  may  be  awarded  against  him," 

Form  of  Bond  for   Attachment. 

"Y  ^  '         r    Suit  pending  in  the court,  of  the  state  of  Texas,  in 

i  f  '  I-    f      >  ''•"'^  ^^^  ^^^  county  of . 

Know  all  men,  by  these  presents,  Tliat  we,  the  undersigned principal, 

and and ,  as  sureties,   do  hereby  acknowledge  ourselves  bound  to 

pay  to the  sum  of dollars,  conditioned  that  the  above  bound , 

plaintiff —  in  attachment  against  the  said ,  defendant — ,  will  prosecute 

said  suit  to  effect,  and  that will  pay  all  such  damages  and  costs  as 

shall  be  adjudged  against for  wrongfully  suing  out  such  attachment. 

Witness  our  hands  this •  day  of ,  18 — .  . 

Approved  : .  . 

AFFIDAVIT   FOIl   ATTACH  MKKT. 

Before  me,  The  undersigned  authority,  this  day,  personally  appeared , 

plaintiff  in  the  above  entitled  and  numbered  cause,  who,  being  by  me  duly 

sworn,  deposes  and  says  that  • ,  the  defendant  justly  indebted  to in 

the  sum  of dollars,  due  and  payable  on  the day  of -.  A.  D.  18 — , 

with  interest  on  said  sum  from  the day  of- ,  A.  D.  18 — ■,  at  the  rate 

of •  per  cent.  i)er  annum   to  this   date;  that  the  said (here  state 

ground  for  attachment),  and  that  this  attachment  is  not  sued  out  for  the 
purpose  of  injuring  or  harassing  tlie  defendant,  and  that  the  plaintiff —  will 
probably  lose debt  unless  such  attachment  is  issued. 

Sworn  to  and  subscribed  before  me  this  • day  of ,  A.  D.  18 — . 

{Signature  of  officer.)  (Signature  of  affiant.) 

Banks  and  Bankers. — I^o  corporate  body  shall  hereafter  be  created, 
renewed  or  extended  with  banking  or  discounting  privileges.  (Constitution, 
Art.  IG,  Sec.  16.)     No  statutory  provisions  on  the  subject. 

Bills  of  Exchange  and  Promissory  Notes. — Governed  by  the  law- 
merchant.  Drawers  and  indorsers  of  bills  of  exchange  and  indorsers  of 
promissory  notes  may  be  held  liable,  etc.,  by  protest  or  by  institution  of 
.suit,  at  the  first  term  of  district  and  county  courts  to  which  suit  can  be 
brought  after  the  right  of  action  accrues,  or  at  the  second  term  thereafter, 
and  showing  good  cause  why  suit  was  not  brought  at  the  first  term.  If 
within  the  jurisdiction  of  the  justices'  court,  suit  must  be  instituted  within 
sixty  days.  Three  days  of  grace  allowed  on  all  bills  of  exchange  and  promi.s- 
sory  notes,  assignable  or  negotiable  by  law. 

Bills  of  Lading. — Common  carriers,  when  they  receive  goods  for  trans- 
portation, must  give  to  the  shi])per,  when  it  is  demanded,  a  bill  of  lading 
or  memorandum  in  writing,  .stating  the  (juantity,  character,  order  and  con- 
dition of  the  goods,  etc.,  and  in  case  of  this  n;fusal  to  execute  and  deliver 

[Texas  7.j 


TEXAS.  745 

<ucli  bill  of  ladintij  or  nicmoranduni  in  writing,  they  sliall  bo  liable  to  a  pen- 
alty of  not  less  tliau  $5  nor  more  than  $500,  such  penalty  to  be  recovered  in 
any  court  having  jurisdiction  in  the  county  where  the  wrong  is  done  or  the 
<;ommou  carrier  resides. 

Chattel  Mortgages. — Any  instrument  intended  to  operate  as  a  lien  upon 
jtersonal  property,  not  acconipanieil  by  immediate  delivery,  and  followed  by 
victual  change  of  possession,  is  void  as  against  creditors  of  and  subsequent 
purchasers  or  lien-holders  in  good  faith  from  the  mortgagor,  unless  such  in- 
strument or  a  true  copy  thereof  be  forthwith  deposited  and  filed  in  the  office 
of  the  county  clerk  of  the  county  where  the  property  is  situate,  or.  if  the 
mortgagor  be  a  resident  of  this  state,  then  in  tlie  county  of  his  residence. 
The  pajier  so  filed  remains  in  the  olhce  ;  and,  if  a  copy,  it  shall  be  by  the 
clerk  compared  with  the  original,  which,  in  this  case,  mvist  be  acknowledged 
as  for  rect»rd,  and  must  be  found  a  true  copy. 

If  the  person  granting  such  lien  remove  the  property  from  the  county,  or 
sell  or  dispose  of  the  same,  without  consent  of  the  mortgagee,  the  mortga- 
gee becomes  entitled  to  the  possession  of  the  property  and  immediate  sale 
thereof  for  the  payment  of  his  debt,  whether  due  or  not.  The  clerk's  fee  is 
twenty-five  cents  for  receiving,  filing  and  entering  such  instruments,  and  the 
same  lor  entering  satisfaction  thereof. 

Any  form  of  lien  attempted  to  be  given  by  the  owner  of  any  stock  of 
goods  daily  exposed  to  sale  in  the  regular  course  of  the  business  of  such 
merchandise,  and  contemplating  a  continuance  of  possession  of  said  goods, 
and  control  of  business  and  sales,  by  such  owner,  is  void. 

Claims  against  Decedents'  Estates. — Every  claim  for  money  against  a 
testator  or  intestate  shall  be  i^resented  to  the  executor  or  administrator 
Avithin  13  mouths  after  the  original  grant  of  letters  testamentary  or  of  ad- 
ministration ;  or  paj'ment  thereof  shall  be  postponed  until  the  claims  which 
have  been  so  presented  and  allowed  by  the  executor  or  administrator  and 
approved  by  the  county  judge  have  been  first  entirely  paid. 

Claims  for  funeral  expenses  and  exjjenses  of  last  sickness  shall  be  presented 
within  sixty  days  after  original  grant  of  letters  testamentary  or  of  adminis- 
tration ;  or  the  exempted  property  set  aj^art  to  the  widow  and  children  shall 
no  longer  be  liable  for  said  claim. 

If  the  executor  or  administrator  absent  himself  from  the  state,  the  time  of 
such  absence  shall  not  be  computed  in  estimating  the  said  twelve  months 
or  .sixty  days. 

No  executor  or  administrator  shall  allow  any  claim  for  money  against  his 
testator  or  intestate,  or  shall  any  county  judge  approve  the  same,  unless 
such  claim  is  accompanied  by  an  affidavit  in  writing,  that  "the  claim  is  just 
and  that  all  legal  offsets,  payments  and  credits  known  to  affiant  have  been 
allowed."  If  such  affidavit  is  made  by  any  other  person  than  the  owner  of 
the  claim,  shall  state  further  that  the  affiant  is  cognizant  of  the  facts  con- 
tained in  his  affidavit. 

If  the  claim  has  been  lost  or  destroyed,  the  claimant,  or  some  one  for  him, 
may  make  an  affidavit  of  the  fact  of  such  loss  or  destruction,  stating  the 
iimount,  date  and  nature  of  such  claim  and  when  due,  and  that  the  same  is 
just,  aTid  that  all  legal  offsets,  i)ayments  and  credits  known  to  affiant  have 
been  allowed,  and  that  the  claimant  is  still  the  owner  of  the  same  ;  but  in 
such  case,  before  such  claim  shall  be  ai)proved,  it  must  be  proved  by  disin- 
terested testimony  taken  in  open  court  or  by  deposition.  Such  affidavit  may 
be  made  before  any  officer  authorized  to  administer  oaths  and  give  certifi- 
cates thereof. 

Claims  against  an  estate  shall  be  classed  and  have  priority  as  follows  :  1. 
Funeral  expenses  and  expenses  of  last  sickness.  2.  Expenses  of  administra- 
tion and  the  expenses  incurred  in  the  preservation,  safe  keeping  and  manage- 
ment of  the  estate.  ?>.  Claims  secured  by  mortgage  or  other  liens  so  far  as 
the  same  can  be  paid  out  of  the  proceeds  of  the  property,  subject  to  such 
[Texas  8.] 


746  TEXAS. 

mortgage  or  other  lien,  and  -when  more  than  one  mortgage  or  lien  shall  exist 
upon  the  same  property  the  oldest  shall  be  first  paid,  but  no  preference  shall 
be  given  to  such  claims  secured  by  mortgage  or  lien  further  than  regards  the 
property,  subject  to  such  mortgage  or  other  lien.  4.  All  claims  legally  ex- 
hibited -within  one  year  after  the  original  grant  of  letters  testamentary  or  of 
administration.  5,  All  claims  legally  exhibited  after  the  lapse  of  one  year 
from  the  original  grant  of  letters  testamentary  or  of  administration. 

No  claim  for  money  shall  be  paid  until  it  has  been  approved  by  the  coanty 
judge  or  established  by  a  court  of  competent  jurisdiction. 

Conditional  Sales  of  Personal  Property.— There  is  no  statutory  enact- 
ment att'ecting  conditional  sales,  and  the  principles  of  the  common  law  apply. 

Corporations. — Are  either  public  or  private.  A  public  corporation  is  one 
that  has  for  its  object  the  government  of  a  portion  of  the  state.  Private 
corporations  are  of  three  kinds  :  1.  Religious.  2.  Corporations  for  charity 
or  benevolence.     3.  Corporations  for  profit. 

Private  corporations  may  be  created  by  the  voluntary  association  of  three  or 
more  persons  for  various  purposes. 

A  charter  must  be  prepared  setting  forth  :  1st.  The  name  of  the  corpora- 
tion. 2d.  The  purpose  for  which  it  is  formed.  3d.  The  place  or  places 
where  its  business  is  to  be  transacted.  4th.  The  term  for  which  it  is  to  exist. 
5th.  The  number  of  its  directors  or  trustees  and  the  names  and  residences  of 
those  who  are  appointed  for  the  first  year.  6th.  The  amount  of  its  capital 
stock,  if  any,  and  the  number  of  shares  into  which  it  is  divided.  7th.  The^ 
charter  of  a  bridge  or  ferry  company  shall  also  state  the  stream  intended  to 
be  crossed  by  the  bridge  or  ferry.  8.  The  charter  of  a  railroad  company 
must  also  state  first,  the  kind  of  a  road  intended  to  be  constructed  ;  second, 
the  place  from  and  to  which  the  road  is  intended  to  be  run  ;  third,  the  coun- 
ties through  which  it  is  intended  to  be  nin  ;  fourth,  the  estimated  length  of 
the  road. 

Suits  against  any  private  corporation,  association  or  joint  stock  company 
may  be  commenced  in  any  county  in  which  the  cause  of  action  or  a  part 
thereof  arose,  or  in  which  such  corporation,  association  or  company  has  an 
agency  or  representative,  or  in  which  its  principal  ofiice  is  situated.  And 
suit  against  a  railroad  corporation,  or  against  any  assignee,  trustee  or 
receiver,  operating  its  railway  may  also  be  brought  in  any  county  through 
or  into  which  the  railroad  of  such  corporation  extends  or  is  operated. 

A  corporation  is  dissolved  :  1st.  By  the  expiration  of  the  time  limited  in 
its  charter.  2nd.  By  a  judgment  of  dissolution  rendered  by  a  court  of  com- 
petent jurisdiction. 

Corporations  under  the  general  law  may  convey  their  property  by  deed, 
under  their  common  seal,  signed  by  the  president,  presiding  member  or 
trustee  thereof,  and  the  form  of  conveyance  and  acknowledgment  is  the 
same  as  that  of  an  individual. 

Costs. — Each  party  responsible  for  his  own  costs.  Plaintiff  may  be  ruled 
by  the  opposite  party,  or  by  the  officers  of  the  court  to  give  security  for 
costs,  at  any  stage  of  the  proceedings.  When  so  iniled,  unless  complied 
with  on  or  before  the  next  term  of  court  the  cause  may  be  dismissed. 

Form  of  Bond  for  Costs. 

State  op  Texas,      ) 
couny  op  .      s '  * 

tm"^  ^    ^\l   '      (    ^"^^  pending  in court  of county,  term,  A. 

-iNO.  — ,     Va,  /  -j-v      ..Q 

,  defendant.  ; 

Know  all  men,  That  we, ,  and as  sureties,  do  hereby  acknowledge 

I  Texas  0.} 


TEXAS.  747 

ourselves  bound  to  pay  to tho  sum  of dollars. 

Conditioned  that ,  plaintift'  in  the  above  entitled  suit,  will  pay  all  costs 

that  may  be  adjudged  against in  said  suit,  during  the  pendency  oi*  at 

the  final  determination  thereof. 

Witness  our  hands  this day  of ,  A.  D.  IS — . 

Approved  : , 

,  Clerk,  Court,  ConrUy. 

Courts. — Terms  and  Jurisdiction  of: 

Federal  Court,  two  terras  each  year  at  Dallas,  "Waco,  Graham,  Galveston, 
Tyler,  Jefferson,  Brownsville,  Austin,  San  Antonio  and  El  Paso  ;  jurisdic- 
tion, where  matter  in  dispute  exceeds  sum  or  value  of  $2,000. 

District  Court,  two  terms  each  year,  generally  ;  in  Dallas  county  four,  and 
in  Galveston  and  Bexar  five  terras  ;  jurisdiction  exclusive  as  to  land  titles. 
and  where  value  or  sum  over  $1,000,  exclusive  of  interest,  and  concurrent 
with  county  court  from  $500  to  $1,000. 

County  Court,  six  terras  each  year ;  jurisdiction  exclusive  from  $200  to 
$500,  except  in  a  number  of  less  populous  counties,  where  its  jurisdiction  in 
commercial  claims  has  been  abolished.  Practice  same  as  district  courts, 
except  as  to  juries,  which  consists  of  only  six  men. 

Justices^  Court,  terra  each  mouth  ;  jurisdiction  to  $200. 

Court  Calendar.— 

SUPREME  COURT. 

Has  appellate  Jurisdiction  only,  which  shall  be  co-existensivc  within  the  limit  of 
the  State,  but  shall  only  extend  to  civil  cases  of  which  the  District  Courts  have 
original  or  appellate  jurisdiction.  Also  has  power  to  issue  writ  of  mandamus  and 
all  other  writs  necessary  to  enfore  the  jurisdiction  of  said  Court.  Also  haa  power  to 
make  rules  and  regulations  for  the  government  of  said  Court,  and  the  other  Courts  of 
the  State;  to  regulate  proceedings  and  expedite  the  dispatch  of  business  therein. 
Causes  are  heard  froni  the  several  districts  at  such  times  as  the  .Judges,  by  an  order 
published  previously  to  the  meeting  of  the  Court,  may  direct. 

COURT  OF  APPEALS. 

Has  appellate  jurisdiction,  co-extensive  within  the  limits  of  the  State,  of  all  civil 
cases,  of  wliicli  the  County  Courts  liave  exclusive  or  concurrent  original  jurisdiction, 
except  cases  involving  matter  pertaining  to  the  administration  of  guardiansliip  of 
deceased  persons,  habitual  drunkards,  insane  persons,  and  minors,  and  of  all  civil 
cases  of  which  the  County  Court  has  appellate  jurisdiction  where  the  Judgment 
rendered  or  the  amount  in  controversy  shall  exceed  $100,  exclusive  of  interest  and 
costs,  and  in  such  ottier  cases  as  are,  or  may  be,  provided  by  law. 

UNITED  STATES  CIRCUIT  COURT. 

Associate  Justice  Supreme  Crmrt,  (vacant.  William  B.  Woods  lately  deceased); 
(Hrcuit  Judge,  Don.  A.  Pardee,  of  New  Orleans,  La. ;  Clerks,  Christopher  Dart,  Gal- 
veston ;  W.  M.  Reed,  Tyler  ;  W.  E.  Singleton,  Jefteison. 

Terms.— Hee  District  Courts. 

UNITED  STATES  DISTRICT  COURTS. 

Eastern  District.— Judge,  C.  R.  Sabin  ;  Attornci/,  .1.  E.  McComb;  ^farsha!,R.W 
R^a^an,  Galveston  ;  Clerks,  George  C.  Reeves,  Galveston;  W.  A.  Allen,  Tyler  ;  Wm- 
E.  Singleton,  Jefferson. 

Terms  of  Circuit  and  District  Courts. — .\t  (ialveston  1st  Monday  November,  March; 
at  Tyler  2d  Monday  January,  May ;  at  Jefferson  2d  Monday  February,  September. 

Western  District.— Judge,  E.  B.  Turner,  Austin;  Afiornei/,  Rudolph  Kleberg, 
Cuero;  Marshal,  John  T.Rankin,  I-a  Grange;  C<e/A-.v,  Samuel  Hopkins,  Austin ;  W. 
C.  Robards,  Circuit  and  District  Clerk  at  San  Antonio;  Edward  Tighnian,  Circuit  and 
District  Clerk  at  Brownsville ;  O.  A.  I^arazalo,  at  El  Paso. 

Terms. — (with  Circuit  Court  powers)  At  Austin  1st  Monday  February,  August ;  at 
Brownsville  1st  Monday  January,  July ;  .San  Antonio  1st  Monday  May,  November; 
at  El  Paso  1st  Monday  April,  October. 

Northern  IHstrict. — Judge,  A.  P.  McCormick,  Graham;  Attorney/,  Chas.  B.  Pearre, 
Waco;  J/ar«;io;,  W.  L.  Catell,  Dallas;  r/er/l-.v.  J.  H.  Finks,  Waco;' District  Clerk  for 
Northern  District  and  al.so  Circuit  Clerk  at  Waco,  A.  J.Houston  and  W.  F.  Girard, 
Circuit  Clerk  and  Deputy  District  Clerk,  respectively,  at  Dallas  and  Graham. 

Terms.— \t  Dallas  2d  Monday  January,  3d  Monday  May;  at  Graham  2d  Monday 
March,  3d  Monday  October ;  at  Waco  2d  Monday  April,  ad  Monday  November. 

[Texas  10.1 


748 


TEXAS. 


STATK  COURTS. 

SUl»RE."tfE  COUKT. 

Chief  Justice,  A.  H.  Willis,  Galveston ;  Associate  Justices,  John  W.  Stayton, 
Victoria;  R.  R.  Gaines.  Clarkesville  ;  linporter,  A.  W.  Terrell,  Austin  ;  Clerks,  D.  D. 
Atchison,  Galveston;  Chaa.  H.  Morse,  Austin  ;  S.  D.  Reeves,  Tyler ;  Attorney  General, 

TeDm-.— At  Austin  1st  Monday  April  to  last  day  June;  at  Tyler  1st  Monday 
October  to  last  day  December  ;  at  Galveston  1st  xVlonUay  January  to  last  day  March. 


TIMES  FOR  HOLDING   DISTlilCT'  COURTS  1S87-.S. 


County. 

Anderson   .  .   . 

Andrews 

Angelina  .  .  .  . 

Aransas 

Archer 

Armstrong..  .  . 
Ata.scosa  .   .   .  . 

Austin 

Bailey 

Bandera  .  .  .   . 
Bastrop .  .   .   .   , 

Baylor 

Bee 

Bell 

Bexar 

Blan;-o  .   .   .  .   , 

Borden 

Bosq  ue 

Bowie 

Brazoria  .  .  . 
Brazos.     ... 

Briscoe 

Brown  .... 
Burleson..  .  . 
Burnet  .... 
Caldwell  .  .  . 
Calhoun  .  .  . 
OiUahau. . .   . 

Cameron. . .  . 

Camp 

Carson  .... 

Csiss 

Castro 

Chambers.  .  . 
i'herokee. .  .  . 
■Cliildress  .  .   . 

<'Iay 

<>)chran.  .  .  . 
Coleman  .  .  . 
Collingsworth 

Collin 

Colorado. .  .  . 

Comal 

<^omanche  .   . 

Concho 

Cooke  .... 
Coryell 

Cottle 

Crockett  .  .  . 

Crosby  .... 

Dallam  .... 

Dallas   .   .   .   . 

Dawson. .   .   . 

Deaf  smith.  . 

Delta 

Denton 

De  Witt.  .  .  . 

Dicken.s.  .  .  . 

Dimmit   .   .   . 

Donley 

Duval 

Eastland 

Edwards. . .  . 

Ellis 

El  Paso 


County  Seat.     Bi.st.  Terms. 

H  11th  Mon.  after  1st  Mon.  February,  September. 

;i2  Attached  to  Martin  for  Judicial  purposes. 

9  18  Mon.  after  Ist  Mon.  March,  .September. 

24  1st  !Mon.  March,  September. 

8l»  Sth  Mon.  after  1st  Mon.  January,  July. 

81  Attached  to  Donley  for  judliial  purposes. 

oU  5th  Mon.  alter  Ist  Mon.  March,  September. 

22  17th  Mon.  after  1st  Mon.  March  September. 

39  Attached  to  Baylor  for  judicial  purposes. 

38  6th  Mon.  after  1st  Mon.  March,  September. 

22  6th  Mon.  after  1st  Mon.  March,  September. 

39  10th  Mon.  after  1st  Mon.  February,  August. 
21  3d  Mon.  after  1st  Mon.  March,  September. 
27  1st  Mon.  June,  December. 
37  1st  Mon.  March,  June,  September,  December. 
33  1st  Mon  February,  September. 
32  Attached  to  Howard  for  judicial  purposes. 
18  3d  Mon.  January,  August. 

.5    3d  Mon.  after  1st  ilou.  February,  September. 

23  loth  Mon.  after  1st  Mon.  March,  September. 

20  1st  Mon.  !March,  September. 
31  Attached  to  Donley  for  judicial  purpose. 
35  1st  Mon.  J'ebruary,  September. 

21  11th  Mon.  after  1st  Mon.  March,  September. 

27  1st  Mon.  April,  October. 

22  4th  Mon.  March,  September. 

24  9Xh  Mon.  after  1st  Mon.  March.  September. 
42  9th  Mon.  after   1st  Mon.   i''el)ruary,  lUh  Mon. 

after  1st  Mon.  August. 

28  1st  Mon.  April,  October. 
5    12th  Mon.  after  Ist  Mon.  in  February,  Sept. 

31  Attached  to  Donley  for  judicial  purposes. 

5  1st  Mon.  February,  September. 

31  Attached  toOldham  for  judicial  purposes. 

9  l.'^t  Mon.  March,  Septeml)er. 

2  12th  JSIon.  after  1st  Mon.  February,  September. 

31  Attached  to  Donley  for  judicial  purposes. 
3(1  10th  Mon.  after  1st  Mon.  January,  July. 

32  Attached  to  Crosby  for  judicial  purposes. 
35  4th  Mon.  after  1st  Mon.  February,  September. 

31  Attached  to  Wheeler  for  judicial  purposes. 

15  1st  Mon.  January,  June. 

23  4th  Mf)n.  after  1st  .Mon.  P'ebruary,  August. 
.38  13th  Mon.  after  Ist  Mon.  March,  September. 
42  1st  Mon.  February,  3d  Mon.  August. 
.35  13th  Mon.  after  1st  Mon.  February,  September. 
If)  15th  Mon.  after  1st  Mon.  January,  August. 

29  13th  Mon.  after  1st  Mon.  March,  September. 
.39    Attached  to  Hardeman  for  judicial  purposes. 
38    Attached  to  Kinney  for  judicial  purposes. 

32  5th  Mon.  after  1st  Mon.  February,  September. 

31  Attached  to  Oldham  for  judicial  purposes. 
14    2d  Mon.  March,  May,  October,  December. 

32  Attached  to  Howard  for  judicial  purposes. 

31  Attached  to  Oldham  for  judicial  purposes. 
8  8th  Mon.  after  1st  Mon.  January,  July. 

16  1st  Mon.  January,  August, 

24  13th  Mon.  after  1st  Mon.  March,  September. 

32  Attaclicd  to  Crosby  for  judicial  purposes. 
3(!  ]  Ith  Mon.  after  1st  Mon.  March,  September. 
31  1st  Mon.  .January,  .July. 
28  14th  Mon.  after  1st  Mem.  April,  October. 
42  Ifith   Mon.  after  1st  Mon.  February,  18th  Mon. 

after  1st  Mon.  August. 
.38    Stli  Mon.  after  1st  Mon.  March,  September. 
M    1st  Mon.  February,  September. 
34    8th  Mon.  after  1st  Mon.  March,  September. 

|Texa.sni 


Palestine  . .  . 

Unorganized., 

Homer  .... 

Kockport..  .  . 

Archer  .... 
,  Unorganized. 
.  Pleasanton..  .  . 
,  Bellville  .... 
,  Unorganized..  . 
.  Bandera      ... 

.  Bastrop 

,  Seymour.'  .  .  . 

,  Beeville 

.  Belton 

,  San  Antonio..  . 
.  Bianco  City  .   . 

Unorganized..  . 
.  Meridian,.  .  ,  . 
.  Texarkana  .  .  . 
.  Brazoria  .... 

.  Bryan 

.  Unorganized  .  . 
,  Brownwood  .  . 
.  Caldwell  .... 

.  Burnet 

.  Ijockhart 

.  Indianola. .  .  . 
.  Baird 

.  Brownsville  .  . 
.  Pittsburgh. .  .  . 
.  Unorganized..  . 

.  Uinden 

.  ITnorganized..  . 
.  Wallisville..  .  . 

.  Rusk 

,  Unorganized..  . 
.  Henrietta.  .  .  . 
.  Unorganized..  . 
,  Coleman  .... 
,  Unorganized..  , 
.  McKinney  .  . 
.  Columbus. .  .  . 
.  New  Braunfels.. 
.  (!omanche  .  .  . 
.  Paint  Roclt .  .  . 
.  Gainsville  .  .  . 
.  (iatesville  .   ,   . 

.  Unorganized..  . 

.  Unorganized..  . 
.  Estadado..     .   . 

.  Unorganized..  . 

,  D.allas 

.  Unorganized.  . 

.  Unorg.Muized..  . 

.  Cooper 

.  Denton 

.  Cuero 

.  Unoriranizcd..  . 

.  Carrizo  Springs. 

.  fnjirciidoii  .  .   . 

.  San  J>iego  .   .   . 

.  Eastland 

.  Leakey 

.  Waxahatchie.  . 
.  El  Paso 


TEXAS. 


•-t!> 


Count}/. 


Bncinal.  . 
Erath.. .  . 
FUllB  .  .  . 
Fannin..  . 
Fayette.. . 
Msher. .  . 
Floyd..  .  . 
Ft.  Bend  . 
Franklin.. 
Freestone. 
Frio .... 
(iaines  .  . 
(Jalveston. 
(Jarza .  .  . 
(Tillespie  . 
Goliad  .  . 
Gonzales. . 
Gray  .  .  . 
Grayson  . 
Greer.. .  . 
Gregt?..  .  . 
Grimes. .  . 
Guadalupe 
Hale.  ... 
Hall..  .  . 
Hanulton. 
Hansford.. 
Hardeman. 
Hardin  .  . 
Harris.  .  . 
Harrison.. 
Hartley .  . 
Haskell..  . 
Hays  .  .  . 
Hemphill 
Henderson 
Hidalgo   . 

Hill 

Hockley  . 
Hood...  . 
Hopkins  . 
Houston  . 
Howard  . 
Hunt. . .  . 
Hutchinson 
Jack. .  .  . 
.lackson  . 
.Jasper.  .  . 
.Jefferson. . 
.Johnson  . 
Jones..  .  . 
Kames  .  . 
Kaufman . 
Kendall.  . 
Kent .  .  . 
Kerr. .  .  . 
Kimble . . 
King  .  .  . 
Kinney . . 
Knox..  .  . 
LAmar  .  . 
Lamb . .  . 
I-iampasas 
Ijs  Salle. . 
Lavaca. .  . 
Jjee .... 
[jeon  .  .  . 
Jjiberty..  . 
I>imestone 

Ijipscomb. 
Live  Oak.. 
IJano..  .  . 
liUbbock. . 
Jjynn  .  .  . 
McCulloch 
McLennan. 
McMullen 
Madison  . 


.  Unorganized. 
.  Ktephensville 
.  Marlin  .   . 
.  Bon  liana  . 
.  La  (i range 
.  Uoby  .   .   . 
.  Unorganized 
.  liichmond  . 
.  Mt.  Vernon. 
.  Fairfield  .  . 
.  Pearsall.  .   . 
.  Unorganized 
.  Galveston. . 
.  Unorganized 
.  Fredericksbu 
.  Goliad  .  .  . 
.  Gonzales. .  . 
.  Unorganized 
.  Sherman  . . 
.  Mangum. .  . 
.  Longview.  . 
.  Anderson   . 
.  Seguin  .   .   . 
.  Unorganized 
.  Unorganized. 
.  Hamilton   . 
.  Unorganized 
.  Margaret  .  . 
.  Hardin. .  .   . 
.  Houston  .  . 
.  Marshall. . . 
.  Unorganized 
.  Haskell .  .  . 
.  Sun  Marcos. 
.  Unorganized 
.  Athens. .  .  . 
.  Hidalgo   .  . 
.  Hillsboro..  . 
.  Unorganized 
.  Granbury.  . 
.  Sulphur.Sprin 
.  Crockett  .  . 
.  Big  Springs. 
.  Greenville. . 
.  Unorganized, 
. Jacksboro 
.  Edna. .  .   . 
.  Jasper  .   . 
.  Beaumont 
.  Cleburne. . 
.  Anson  .  . 
.  Helena. .  . 
.  Kaufman 
.  Boerne  .   . 
.  Unorganized, 
.  Kerrville 
.  Junction  City 
.  Unorganized 
.  Brackett . 
.  Benjamin 
.  Paris  .   .   . 
.  Unorganized, 
.  Lampasas  . 
.  Cotulla  ... 
.  Halletsville. 
.  Giddings..  . 
.  Centreville. . 
.  Liberty..  .   . 
.  Groesbeck  . 

.  Unorganized 
.  Oakville  .  . 

.  Llano 

.  Unorganized 
.  Unorganized 
.  Brady    .  .  . 
.  Waco  .... 
.  Tilden  ... 
.  Madisonville 


County  Scat.     Dist.  Terms. 

Attached  to  Webb  for  Judicial  purposes. 

."jth  Mon.  after  1st  Mun.  March,  September. 

1st  Mon.  January,  July. 

3d  Mon.  February,  August. 

10th  Mon.  after  1st  Mon.  March,  September. 

4th  Mon.  alter  1st  Mon.  February,  August. 

Attached  to  Crosby  for  judicial  purposes. 

3d  Mon.  after  1st  Mon.  March,  Scpiembcr. 

loth  Mon.  after  1st  Mon.  February,  September. 

1st  Mon.  September,  2d  Mon.  February. 

Sth  Mon.  alter  1st  Mon.  March,  Si'ptembor. 

Attached  to  Martin  for  judicial  purposes. 

1st  Mon.  February,  April,  June,  0(;l.,  Dec. 

Attached  to  Scurry  for  judicial  purposes. 

;;d  Mon.  February,  September. 

7th  JNIon.  utter  1st  Mon.  March,  September. 

1st  Mon.  January,  od  Mon.  June. 

Attached  to  Wheeler  for  judicial  purposes. 

;^d  Mon.  March,  September. 

1st  Mon.  March,  September. 

2d  Mon.  after  1st  Mon.  January,  July. 

Jth  Mon.  after  1st  Mon.  March  September. 

l.Sth  Mon.  after  1st  ilon,  February,  August. 

Attached  to  Crosby  for  judicial  purposes. 

Attached  to  Donly  for  judicial  purposes. 

lotli  Mon.  after  1st  ISlou.  jNlarch,  September. 

Attached  to  Wheeler  for  judicial  purposes. 

l.ith  Mon.  after  1st  Mon.  February,  August. 

(jth  Mon.  after  1st  Mon.  Mai'ch,  September. 

2d  Mon.  March,  October. 

0th  Mon.  after  1st  Mon.  January.  July. 

Attached  to  Oldham  for  judicial  purposes. 

5th  Mon.  after  1st  Mon.  February,  August. 

Jst  Mon.  Marcii.  September. 

Attached  to  Wheeler  for  judicial  purposes. 

1st  Mon.  February,  September. 

4th  Mon.  after  1st  Mon.  April,  October. 

6th  Mon.  after  3d  Mon.  January,  August. 

Attached  to  Crosby  for  judicial  purposes. 

;id  Mon.  March,  September. 

12th  Mon.  after  1st  Alon.  .January,  July. 

4th  Mon.  after  1st  Mon.  February,  September. 

4th  Mon.  February,  September. 

1st  Mon.  January,  July. 

Attached  to  Wheeler  for  judicial  purposes. 

2d  Mon.  January,  July. 

loth  Mon.  after  1st  Mon.  March,  September. 

1st  Mon.  March, September. 

10th  Mon.  after  1st  Mon.  March,  September. 

12th  Mon.  after  3d  Mon.  January,  August. 

1st  Alon.  February,  Angust. 

.5th  Mon.  after  1st  Mon.  March,  September. 

1st  Mon.  June,  December. 

11th  Mon.  after  1st  Mon.  March,  September. 

Attached  to  Scurry  for  judicial  purposes. 

Sth  Mon.  after  1st  Mon.  March,  September. 

7th  Mon.  after  1st  Mon.  P'ebruary,  September. 

Attached  to  Knox  for  judicial  purposes. 

1st  Mon.  March,  September. 

13th  Mon.  after  1st  Mon.  Feliruary,  August. 

6th  Mon.  after  3d  Mon.  February,  August. 

Attached  to  Crosby  for  judicial  purposes. 

1st  Mon.  Mav,  November. 

lOth  Mon.  after  1st  Mon.  March,  September. 
25    1st  Mon.  February,  August. 
21    8th  Mon.  after  1st  Mon.  March,  September. 

12  12th  Mon.  after  1st  Alon,  March,  Scpteniber. 
9    22d  Mon.  after  1st  Mon.  March,  Sepieniber. 

13  4th  Mon.  after  2d  :Mon.  February,  1th  Mon.  after 
1st  Mon.  Si^ptcniber. 

31  Attached  to  Wliccler  for  iudicial  purposes. 
36  2d  Mon.  March,  Srptember. 

.S.3  14th  Mon.  after  1st  Mon.  February,  September. 

■•^2  Attached  to  Crosby  for  judicial  inirposes. 

32  Attached  to  Howard  for  judicial  purposes. 
3.5  nth  Mon.  after  1st  Mon.  February,  September. 
19  1st  Mon.  March,  October. 
S6  4th  Mon.  March,  September. 
12  9th  Mon.  after  1st  Mon.  March,  September. 


JTexas  12.] 


750 


TEXAS. 


County. 

Alarion 

Martin 

Mason 

Matagorda. .  .  . 
Maverick  . .   .   . 

Medina 

Menard  .  .  .  . 
Midland  .  .  .  . 

Milam 

Mitchell  .  .  .  . 
Montague.  .  .  . 
Montgomery..  . 

Moore 

Morris 

Motely 

Nacogdoches.  . 
Navarro  .  .   .  . 

Newton 

Nolan 

Nueces 

Ochiltree  .  .  .  . 

Oldham 

Orange 

Palo  Pinto  .  .   . 

Panola 

Parker 

Parmer 

Pecos  

Polk 

Potter 

Presidio 

Rains 

Randall  .  .  .  . 
Red  River .   .   . 

Reeves 

Refugio 

Roberts 

Robertson  .  .  . 
Rockwall .  .  .   . 

Runnels 

Rusk 

8abine  .  .  .  . 
8an  Augustine 
8a  n  Jacinto.  .  . 
San  Patricio  .  . 
San  Saba  . .  .  . 

Scurry  

Shackelford  .  . 


Seelby  .  .  . 
Sherman. . . 
Smith  .  . 
Somerville. . 
Stan-  .... 
Stephens..  . 
Stonewall. . 
Swisher  .  . 
Tarrant. .  . 


Taylor 

Terry 

Throckmorton 

Titus 

Tom  Green..  . 

Travis 

Trinity 

Tyler 

Upshur .... 

Uvalde 

Val  Verde  .  . 
Van  Zandt  .  . 
Victoria. .  .  . 
Walker .... 
Waller  .... 
Washington  . 

Webb 

Wharton. . .  . 
Wheeler  ,  .  . 


County  Seat.     Dist.  Terms. 

13th  Mon.  after  1st  Mon,  February,  September. 

3d  Mon.  February,  September. 

4th  Mon.  after  1st  Mon.  February,  September. 

13th  Mon.  after  1st  Mon.  March,  September. 

12th  Mon.  after  1st  Mon.  March,  September. 

4th  Mon.  after  Isl  Mon.  March,  September. 

9th  Mou.  after  1st  Mon.  February,  September 

1st  Mon.  Februarj-,  September. 

3d  Mon.  April,  October. 

12th  Mon,  after  1st  Mon.  February,  September 

nth  Mon.  after  1st  Mon.  January,  August. 

1st  Mon.  February,  September. 

Attaclied  to  Oldliam  for  judicial  purposes 

eth  Mon.  after  1st  Mon.  February,  September. 

Attached  to  Crosby  for  judicial  purposes, 

6tli  Mou.  after  1st  Mon.  February,  .September. 

1st  Mon.  May,  December. 

3d  Mon.  after  l.st  Mon.  March,  September. 

9th  Mon.  after  1st  Mon.  February,  September. 

Ibth  Mon.  after  1st  Won.  April,  October. 

Attached  to  Wheeler  for  judicial  purposes. 

1st  Mon.  May,  October. 

6th  Mon.  after  1st  Mon.  March,  Sepi  ember. 

let  Mon.  March,  September. 

14th  Mon.  after  1st  Mon.  January,  July. 

1st  Alon.  February,  August. 

Attached  to  Oldham  for  judicial  purposes. 

2d  Mon.  after  1st  Mon.  March,  September. 

13th  Mon.  after  1st  Mon.  March,  September. 

Attached  to  Oldham  for  judicial  purposes. 

4th  Mon.  after  1st  Mon.  March,  September. 

17th  Mon.  after  1st  Mon.  January,  July. 

Attached  to  Oldham  for  judicial  purposes. 

13th  Mon.  after  3d  Mon.  February,  August. 

1st  Mon.  March,  September 

2d  Mon.  March,  September. 

Attached  to  Wheeler  for  judicial  purposes. 

1st  Mon.  January.  2d  Mon.  June. 

1st  Mon.  May,  November. 

7th  Mon.  after  1st  Mon.  February,  September. 

1st  Mon.  January,  July. 

1st  Mon.  February,  September. 

2d  Mon.  after  1st  Mon.  February,  September. 

8th  Aion.  after  1st  Mon.  March,  September. 

1st  Mon.  March,  September. 

nth  Mon.  after  1st  Mon.  February,  September. 

7th  Mon.  after  1st  Mon.  February,  September.  • 

12th  Mon.  after  1st  Mon.  P'ebruury,  14th  Mon. 

after  1st  Mon.  August. 
18th  Mon.  after  1st  JMon.  January,  July. 
Attached  to  Oldham  for  judicial  purposes. 
5th  Mon.  after  1st  Mon.  January,  July. 
4th  Mon.  after  1st  Mon.  March,  September. 
6th  Mon.  after  1st  Mon.  April,  October. 
12th  Mon.  after  1st  Mon.  February,  August. 
Attached  to  Jones  for  judicial  purposes. 
Attached  to  Donly  for  judicial  purposes. 
6th  Mon.  after  1st  Mon.  February,  August,  3d 

Mon.  May,  November. 
4th  Mon.  after  1st  Mon.  February,  6th  Mon.  after 

1st  Mon.  August. 
Attached  to  Howard  for  judicial  purposes. 
8th  Mon.  after  1st  Mon.  February,  August. 
8th  Mon.  1st  Mon.  Febrnary,  September. 
10th  Mon.  after  1st  Mon.  February,  September. 
1st  Mon.  March,  October. 
2d  Mon.  February,  August. 
14th  Mon.  after  l.st  Mon.  March,  September. 
1st  Mon.  January,  July. 
2d  Mon.  after  1st  Mon.  March,  September. 
1st  Mon.  April,  October. 
13tlj  Mon.  after  1st  Mon.  January,  Julj'. 
10th  Mon.  after  1st  Mon.  March,  September. 
1st  Mon.  March,  September. 
1st  Mon.  March,  September. 
1st  Mon.  March,  September. 
9th  Mon.  after  1st  Mou.  April,  October. 
7th  Mon.  after  1st  Mon.  March,  September. 
1st  Mon.  April,  November. 

ITexas  13.1 


Jeft'erson 

Marienfeld  .  .  . 

Mason 

Matagorda..  .  . 
Eagle  Pass. .  .  .    ■ 
Castroville. .  .  . 
Menardville  .  . 
Midland  .... 

Cameron 

Colorado  City  . 
Montague. .  .  . 
Montgomery..  . 
Unorganized..  . 
Daingerfield. .  . 
Unorganized..  . 
Nacogdoches.  . 
Corsica  na  .  .  . 

Newton 

Sweetwater  .  . 
Corpus  Christi.. 
Unorganized..  . 

Tascosa 

Oransre  .... 
Palo  Pinto  .  .   . 

Carthage 

Weatherford  .• 
Unorganized..  . 
Ft.  Stockton  .  . 
Livingston..  .  . 
Unorganized  .  . 

Mai'fa 

Emoi-y 

Unorganized..  . 
Clarksville. .  .  . 
Pecos  City  .   .   . 

Refugio 

Unorganized..  . 

Franklin 

Rockwall 

Runnels  City. .. 
Henderson  .  .  . 
Hemphill  .  .  . 
.San  Augustine. 
Cold  Springs  ... 
San  Patricio  .   . 

San  Saba 

Snyder 

Albany 

Centre  

Unorganized. .. 

Tyler 

Glen  Rose  .  .   . 

Pvio  Grande  City 

Beckenridge  .   . 

Unorganized..  . 
.  Unorganized..  . 
,  Ft.  Worth. ,  .  . 


Abilene 42 


Unorganized..  . 
.  Tlirockmor  ton . 

Mt.  Pleasant .  . 

San  Angelo.  .  . 

Austin 

Groveton 

Woodville  .  .   . 

Gilmer 

TTvalde 

Del  Rio 

Canton 

Victoria 

,  Huntsville  .  .   . 

Hempstead .  .  . 
,  Brenham  .  .  .   . 

.  Laredo 

,  Wharton 

,  Mobeetie 


TEXA.S.  751 

County.  County  Seat,     Dist.  Terms. 

Wichita Wichita  Falls  .  30  16th  Mon.  alter  Ist  Mon.  Jannary,  July. 

"Wilbarger  .  .  .  Veruon 30  20tli  Mou.  after  1st  Mon.  January,  July. 

Williamson.  .     Georgetown  .  .  26  Ist  Mon.  January,  July. 

Wilson Floresville. ...  2.5  17th  Mon.  alter  1st  Mon.  February,  August. 

Wise      Decatur 16  6th  Mon.  after  Ist  Mon.  January,  August. 

"Wood Quitman..  .  .  7  19th  Mon.  after  Ist  Mon.  January,  July 

Yoakum Unorganized..  .  32  Attached  to  Howard  for  judicial  purposes. 

Young Graham 30  5th  Mon.  after  Ist  Mon.  January,  .July. 

Zapata Carrizo L'«  7th  Mon.  after  1st  Mon.  April,  October. 

Zavalla Batesville  ...  36  11th  Mon.  after  Ist  Mon.  March,  September. 

Curtesy.— Ill  this  state  tlie  rules  of  descent  and  distribution  are  governed 
by  statutory  enactment. — (»S«e  Descent  and  Distribution.) 

Deeds. — Every  conveyance  affecting  realty  must  be  in  writing,  subscribed 
and  dt'livcrt'd  by  the  party  disposing  of  the  same,  or  by  his  agent  thereunto 
authorized  by  writing. 

In  order  to  pass  title  as  against  subsequent  purchaser  in  good  faith,  with- 
out notice  tii  ere  uf,  and  for  a  valuable  consideration,  or  against  a  creditor, 
such  conveyance  must  be  acknowledged  by  the  party  who  shall  have  signed 
and  delivered  it ;  or  proved  in  the  manner  provided  by  law  ;  and  befoje 
some  officer  authorized  by  law  to  take  such  acknowledgments  or  proof,  and 
be  filed  for  record  with  the  clerk  of  the  county  where  the  land,  or  a  part 
thereof,  is  situated. 

Every  conveyance  purporting  to  carry  a  larger  estate  than  the  grantor 
really  has,  sliall  be  ett'ected  in  passing  so  much  as  he  might  lawfully  convey. 
No  technical  words  necessary  to  convey  title.  A  seal  is  not  necessary  to  the 
validity  of  a  deed  or  any  other  instrument,  except  such  as  are  executed  by 
corporations,  which  require  their  corporate  seal.  Every  deed  or  conveyance 
of  real  estate  must  be  signed  or  acknowledged  by  the  grantor  in  the  presence 
of  at  least  two  credible  subscribing  witnesses  thereto,  or  must  be  duly  ac- 
knowledged before  some  officer  authorized  to  take  acknowledgments,  and 
properly  certified  to  by  him  for  I'egistration. 

Every  conveyance  of  real  estate  by  a  commissioner,  sheriff  or  other  officer 
legally  authorized  to  sell,  under  or  by  virtue  of  a  decree  or  judgment  of  any 
court  within  this  state,  shall  be  good  and  effectual  to  pass  the  absolute  title 
to  such  real  estate  to  the  purchaser  thereof,  but  nothing  herein  shall  be  con- 
strued to  affect  the  right,  title  or  interest  of  any  person  or  persons,  other 
than  the  parties  to  such  conveyance,  decree  or  judgment,  and  those  claiming 
under  him.  An  estate  of  freehold  or  inheritance  may  be  made  to  commence 
in  future  by  deed  or  conveyance  in  like  manner  as  by  will. 

Form  of  General   Warranty  Deed. 

Statk  ok  Texas,      } 
County  of .    S     ' 

Know  all  men  by  these  presents,  That ,  part —  of  the  first  part,  in  con- 
sideration of ,  have  granted,  bargained  and  sold,  and  do  hereby  grant, 

bargain,   sell,  alien,  convey  and  confirm  unto  the  said ,  part —  of  the 

second  part, heirs  and  assigns  forever  :     (Here  describe  the  property.) 

To  have  and  to  hold,  all  and  singular,  the  above  described  and  conveyed 
premises  and  property,  with  all  the  right,  privileges,  hereditaments,  and  ap- 
purtenances thereunto  belonging,  or  in  anywise  appertaining,  luito  the  said 

,  part — of  the  second  part, heirs  or  assigns  forever;  and ,  the 

said  part —  of  the  first  part,  do  hereby  bind heiis,  executors  and  admin- 
istrators unto  the  said  part —  of  the  second  part, heirs  and  assigns,  the 

well  seized  of  all  and  singular  the  said  property  and  premises ;  that 

ha —  good  right  and  lawful  authority  to  make  this  sale,  and  conveyance 

of  the  same  ;  that  said  property  and  premises  are  free  and  clear  of  all  and 

every  incumbrance,  and  that  unto  the  said  part —  of  the  second  part,  

heirs  and  assigns, and heirs,  executors  and  administrators,  will 

[Texas  14.] 


762  TEXAS. 

forever  warrant  and  defend  the  same  against  all  adverse  lawful  claim  or 
claims  ■whatsoever. 

In  testiraony  whereof, do  hereunto  affix hand,  this  day  of ,  A. 

D.  one  thousand  eight  hundred  and  eighty  . 

Witness  at  request  of  grantor:  .   [scroll.] 

.    [SCROI.1,.  J 

Descent  and  Distribution. — Where  any  person  dies  intestate,  leaving  no 
surviving  husband  or  wife,  his  property  descends  in  the  following  order  :  1. 
To  his  children  and  their  descendants.  2.  If  there  be  no  children  nor  their 
descendants,  then  to  his  father  and  mother  in  equal  portions.  But  if  only 
the  father  or  mother  survive  the  intestate,  then  his  estate  shall  be  divided 
into  two  equal  portions,  one  of  which  shall  pass  to  such  survivor  and  the 
other  half  shall  pass  to  the  brothers  and  sisters  of  the  deceased  and  to  their 
descendants,  but,  if  there  be  none  such  then  the  whole  estate  shall  be  in- 
herited by  the  surviving  father  or  mother.  3.  If  there  be  neither  father  nor 
mother,  then  the  whole  of  such  estate  shall  pass  to  the  brothers  and  sisters 
of  the  intestate  and  to  their  descendants.  4.  If  there  be  none  of  the  kindred 
aforesaid,  then  the  inheritance  shall  be  divided  into  two  moieties,  one  of 
Vhich  shall  go  to  the  paternal  and  the  other  to  the  maternal  kindred  in  the 
following  course,  that  is  to  say:  To  the  grandfather  and  grandmother  in 
equal  portions;  but  if  only  one  of  these  be  living  tlien  the  estate  shall  be 
divided  into  two  equal  parts,  one  of  which  shall  go  to  such  survivor  and  the 
other  shall  go  to  tlie  descendant  or  descendants  of  such  deceased  grandfather 
or  grandmother.  If  theie  be  no  such  descendants  then  the  whole  estate 
shall  be  inherited  by  the  surviving  grandfather  or  grandmother.  If  there  be 
no  surviving  grandfather  or  grandmother  then  the  whole  of  such  estate  shall 
go  to  their  descendants,  and  so  on  without  end,  passing  in  like  manner  to  the 
nearest  lineal  ancestors  and  their  descendants. 

Where  any  person  dies,  leaving  a  surviving  husband  or  wife,  his  estate 
shall  descend  as  follows:  1.  If  the  deceased  have  a  child  or  children,  or 
their  descendants,  the  surviving  husband  or  wife  shall  take  one-third  of  the 
personal  estate  and  the  balance  of  such  personal  estate  shall  go  to  the  child 
or  children  of  the  deceased  and  their  descendants.  The  surviving  husband 
or  wife  shall  also  be  entitled  to  an  estate  for  life  in  one-third  of  the  land  of 
the  intestate,  with  remainder  to  the  cliild  or  children  of  the  intestate  and 
their  descendants.  2.  If  the  deceased  have  no  child  or  children  or  their  de- 
scendants, then  the  surviving  husband  or  wife  shall  be  entitled  to  all  the 
personal  estate,  and  to  one-half  of  the  land  of  the  intestate  without  remain- 
der to  any  person,  and  the  other  half  shall  pass  and  be  inherited  according 
to  the  rules  of  descent  and  distribution  ;  provided,  however,  that  if  the  de- 
ceased have  neither  surviving  lather  or  mother  nor  surviving  brothers  and 
sisters,  or  their  descendants,  then  the  surviving  husband  or  wife  shall  be  en- 
titled to  the  whole  of  the  estate  of  sucli  intestate. 

No  conviction  shall  work  corruption  of  blood  or  forfeiture  of  estate,  nor 
shall  there  be  any  forfeiture  by  reason  of  death  by  casualty,  and  tlie  estates 
of  those  who  destroy  their  own  lives,  shall  descend  or  vest  as  in  case  of 
natural  deatli. 

No  right  of  inheritance  shall  accrue  to  any  person  whatsoever,  other  than 
to  children  or  lineal  descendants  of  the  intestate,  unless  they  be  in  being 
and  capable  in  law  to  take  as  heirs,  at  the  time  of  the  intestate's  death. 

Upon  dissolution  of  marriage  by  death,  all  property  belonging  to  the  com- 
munity estate  of  the  husband  and  wife  shall  go  to  the  sui-vivor,  if  the 
deceased  have  no  child  or  children  ;  but  if  the  deceased  have  a  child  or  chil- 
dren, his  survivor  shall  be  entitled  to  one-half  of  said  property  and  the  other 
half  shall  pass  to  the  child  or  children  of  the  deceased.  Community  estate, 
in  every  case  passes,  charged  with  the  debts  against  it. 

When  a  man,  having  by  a  woman,  a  child  or  children,  shall  afterward 
intermarry  with  such  woman,  such  child  or  children,  if  recognized  by  him, 
shall  thereby  be  legitimate  and  made  capable  of  inheriting  his  estate.    The 

[Texas  15.] 


TEXAS.  753 

issue  also  of  marriages  deemed  null  in  law  shall  nevertlieless  be  legitimate. 
Bastards  shall  be  cajjable  of  inheriting  from  and  through  their  mother  and 
of  transmitting  estates,  and  shall  also  be  entitled  to  distributive  shares  of 
the  personal  estates  of  any  of  their  kindred,  on  the  part  of  tlieir  mother,  in 
like  manner  as  if  they  ha(l  been  lawfully  begotten  of  sueli  motlier. 

In  making  title  to  lauil  by  deseent,  it  shall  be  no  bar  to  a  party,  that  any 
ancestor  through  whom  he  derives  liis  descent  from  the  intestate,  is  or  has 
been  an  alien,  and  every  alien,  to  whom  any  land  may  be  devised  or  may 
descend,  sliall  have  nine  years  to  become  a  citizen  of  the  state  and  take  pos- 
session of  such  land,  or  shall  have  nine  years  to  sell  the  same  before  it  sliall 
be  declared  forfeited  or  shall  eselieat  to  the  government;  provided,  that  the 
treaties  of  the  United  States  with  the  nation  to  which  such  alien  may  belong 
do  not  otherwise  direct ;  ant  I  provided  further,  that  aliens  may  take  and  hold 
any  property,  real  or  personal,  in  this  state  by  devise  or  descent,  from  any 
alien  or  citizen,  in  the  same  manner  in  which  citizens  of  the  United  States 
may  take  and  hold  Veal  or  i^ersoual  estate  by  devise  or  descent  within  the 
county  of  sueli  claim. 

Depositions. — May  be  taken  of  all  witnesses.  To  take  the  deposition  of 
any  witness  it  is  necessary  that  the  opposite  party  or  his  attorney  of  record 
shall  be  sei-ved  with  notice  (iinless  the  same  is  waived  or  service  thereof  ac- 
cepted) stating  name  and  residence  of  witness,  together  with  a  coi)y  of  in- 
terrogatories, live  days  before  the  commission  will  issue. 

At  the  expiration  of  that  time  the  clerk  of  the  court  will  issiie  a  commis- 
sif)n  with  copy  of  the  interrogatories  and  cross-interrogatories,  directed  to 
any  officer  authorized  to  administer  oaths  and  give  certificate  thereof. 

In  taking  the  testimony  the  officer  will  make  a  caption,  stating  the  name 
and  style  of  the  case,  the  appearance  of  the  witness,  etc.,  as  is  usual,  and 
after  swearing  the  witness  will  proceed  to  take  his  answers  to  the  several 
interrogatories  and  cross-interrogatories,  separately,  which  being  written, 
must  be  "swoni  to  and  subscribed  "  by  the  witness,  to  which  fact  the  officer 
must  certify  under  his  hand  and  official  seal. 

Instructions  for  taking   Depositions. 

If  the  witness  voluntarily  appear,  he  may  proceed  with  the  examination  ; 
if  the  witness  do  not  voluntarily  appear  (in  this  state)  he  has  the  power  to 
issue  a  subpoina  requiring  his  attendance  at  a  given  time  and  place.  If 
within  the  county,  and  the  witness  refuse  to  appear  in  obedience  to  the 
subpoena,  attachment  niaj^  be  issued  by  the  officer  to  compel  his  attendance. 
Upon  the  appearance  of  the  witness  the  officer  will  proceed  to  swear  him  (or 
in  case  of  conscientious  scruples  he  may  affirm)  and  take  his  answers  to  the 
interrogatories  and  cross-interrogatories,  in  writing,  seriatim.  The  officer 
may  employ  a  sworn  interpreter  to  facilitate  taking  testimony,  the  officer 
writing  down  the  answers,  which,  when  completed,  must  be  signed  by  the 
witness. 

Form  of  Deposition. 

State  of 
County  of 

By  authority  of  the  commission  directed  to  me  and  interrogatories  accom- 
panying the  same,  which  are   hereto   attached,  from  the  clerk  of  the 

court  of  county in  the  case  of vs. ,  now  pending  in  said 

court,  I  caused  to  come  before  me  at  my  office  in  the  city  of and  county 

of and  state  of ,  the  witness ,  therein  named,  a  resident  of  the 

county  of and  state  of ,  who  being  by  me  duly  sworn  to  speak  the 

truth,  the  whole  truth,  and  nothing  but  the  truth,  in  answer  to  the  several 
interrogatories  and  cross-interrogatories  in  said  cause,  propounded  to  him, 
proceeded  to  answer  the  same  as  follows  : 

In  answer  to  interrogatory  1st,  the  witness  says  : 

(Here  state  each  answer  and  have  witness  to  sign.) 
[Texas  16.] 


754  TEXAS. 

Conclusioji  of  Deposition. 

Which  answers  I  caused  to  be  reduced  to  writmg  and  they  were  sworn  to 

and  subscribed,  by  said  witness,  before  me  at  my  office,  in  the  city  of 

county  of ,  state  of ,  on  this  the day  of ,  A.  D.  18 — . 

In  testimony  whereof,  I  have  hereto  set  mv  hand  and  official  seal,  this  the 

day  of ,  A.  D.  18—. 

[seal.]  (^Official  Signature.) 

Fees  of  the  ofHccr  should  be  noted  on  the  depositions  and  by  whom  paid. 

The  officer  will  then  attach  the  answers  to  the  commission  and  interroga- 
tories, and  place  them  in  an  envelope,  which  the  officer  must  seal  up  and 
write  his  name  across  the  seal.  He  must  further  endorse  on  the  envelope 
the  names  of  the   parties  to  the  suit,  and  the  name  of  the  witness  who  has 

given  his  deposition,  as  " vs.  ■ '"  ;  "depositions  of ."     He  must 

then  direct  the  envelope  to  the  clerk  of  the  court  from  which  the  commis- 
sion issued,  as : 

"To  the  clerk  of  the  district  court  of county." 

He  must  then,  in  person,  deliver  the  package  to  the  i)ostniaster  or  his 
deputy,  if  sent  by  mail,  who  must  endorse  thereon  : 

"  Received  the  within  deposition  from  the  hands  of ,  the  officer  who 

took  the  same. 

Postmaster,  .'' 

Depositions  may  be  returned  also  by  the  person  taking  them,  or  by 
another,  in  whicli  event,  the  person  returning  them  must  make  affidavit  that 
they  have  undergone  no  change.  (These  directions  are  usually  fully  given 
in  the  commission. ) 

The  following  officers  may  take  and  return  depositions  :  1.  If  the  witness 
is  within  this  state,  any  clerk  of  the  district  court,  any  judge  or  clerk  of  the 
county  court  or  any  notary  public  of  the  proper  county.  2.  If  the  witness 
is  without  this  state,  but  within  the  United  States,  any  clerk  of  a  court  of 
record  having  a  seal,  any  notary  public  or  any  commissioner  of  deeds  duly 
appointed  under  the  laws  of  this  state,  within  some  other  state  or  territory. 
4j.  If  the  witness  is  without  the  United  States,  any  notary  public  or  any 
minister,  commissioner  or  charge  de'afiaires  of  the  United  States,  resident  in 
and  accredited  to  the  country  where  the  deposition  may  be  taken,  or  any  con- 
sul general,  con.sul,  vice-consul,  commercial  agent,  vice  commercial  agent, 
deputy  consul  or  consular  agent  of  the  United  States,  resident  in  such 
country. 

Divorce. — The  district  court  shall  have  power  to  hear  and  determine  suits 
for  the  dissolution  of  marriage,  where  the  cause  alleged  therefor  shall  be 
natural  or  incurable  impotency  of  body  at  the  time  of  entering  into  the  mar- 
riage contract,  or  any  other  impediment  that  renders  such  contract  void,  and 
has  power  to  decree  the  marriage  to  be  null  and  void. 

Divorce  by  separation  from  the  bonds  of  matrimony  may  be  decreed  in  the 
following  cases:  1.  When  either  husband  or  wife  is  guilty  of  excessive 
cniel  treatment  or  outrages  toward  the  other,  if  such  ill  treatment  is  of  such 
a  nature  as  to  render  their  living  together  insupportable.  2.  In  favor  of  the 
husband  when  his  wife  shall  have  been  taken  in  adviltery,  or  when  she  shall 
have  voluntarily  left  his  bed  and  board  for  the  space  of  three  years,  with  the 
intention  of  abandonment.  '■\.  In  iavor  of  the  wife  when  the  husband  shall 
have  left  her  for  three  years  with  intention  of  abandonment,  or  when  he  shall 
have  abandoned  her  and  lived  in  adultery  with  another  woman.  4.  In  favor 
of  either  the  husband  or  wife,  when  the  other  shall  have  been  convicted, 
after  marriage,  of  a  felony  and  imprisoned  in  the  state  prison ;  provided, 
that  no  suit  for  divorce  .shall  lie  sustained  because  of  the  conviction  of  either 
party  for  felony  iintil  twelve  months  after  final  judgment  of  conviction, 

[Texas  17.  | 


J 


TEXAS.  755 

nor  tlion,  if  tlic  governor  shall  have  pardoned  the  convict ;  provided,  tliat 
the  husband  has  not  been  convicted  ou  the  testimony  of  the  wife,  nor  the 
wife  on  the  testimony  of  the  husband. 

Suit  for  divorce  cannot  be  maintained,  unless  the  petitioner  tliere for.  shall, 
at  the  time  of  tiling  the  petition,  be  an  actual  bond  fide  inhabitant  of  the 
state,  and  shall  have  residetl  in  the  comity  when  suit  is  tiled,  at  least  six 
months  next  i)receding  the  tiling  of  suit. 

Defendant  in  shall  not  be  compelled  to  answer  upon  oath,  nor  shall  the 
petition  be  taken  for  confessed,  for  the  want  of  an  answer ;  but  the  decree 
of  the  court  shall  be  rendered  upon  full  and  satisfactory  evidence,  indepen- 
dent of  the  confession  <jr  admission  of  either  party,  and  upon  the  verdict  of 
a  jury,  if  a  jury  shall  have  been  demandetl  by  either  party,  and  if  not,  upon 
the  judgment  of  the  court  allirmhig  the  material  facts  alleged  in  the  peti- 
tion. 

In  any  suit  for  divorce,  ibi-  the  cause  Jof  adultery,  if  it  be  proven  that  the 
plaintiff  has  been  guilty  of  like  crime,  or  has  admitted  defendant  into  con- 
jugal society  or  embraces,  after  he  or  she  knew  the  fact ;  or  that  i)laintifi' 
connived  at  defendant's  prostitution,  or  exposed  defendant  to  lewd  company 
whereby  she  became  ensnared  to  the  crime  of  adultery,  no  divorce  can  be 
granted;  or  if  such  adultery  is  occasioned  by  collusion  of  the  parties  and 
is  done  with  intention  of  procuring  a  divorce,  or  when  both  parties  are  guilty 
of  adultery,  then  no  divorce  shall  be  decreed. 

Legitimacy  of  children  not  affected  by  divorce.  Either  party  divorced 
may  marry  again. 

Pending  divorce  proceedings,  the  court  may  make  such  temporary  orders 
respecting  the  property  and  parties,  as  shall  be  deemed  necessary  and  equit- 
able. 

If  the  wife  has  not  a  sufficient  income  for  her  maintenance  during  the 
divorce  proceedings,  the  judge  may,  either  in  term  time  or  in  vacation,  after 
due  notice,  allow  her  a  sum  for  her  support,  in  proportion  to  the  means  of 
the  husband,  until  a  final  decree  shall  be  made  in  the  case. 

Court  may  give  custody  of  children  to  either  father  or  mother  as  to  the 
court  may  seem  right  and  proper,  having  regard  to  the  prudence  and  ability 
of  the  parents,  and  the  age  and  sex  of  the  child  or  children. 

Dower. — None  in  this  state. 

Evidence. — The  common  law  is  in  force  when  not  modified  by  statute. 
The  statutes  provide  that  no  person  shall  be  incompetent  to  testify  on  ac- 
count of  color,  nor  because  he  is  a  party  to  a  suit,  or  interested  in  the  issue 
tried.  The  husband  or  wife  of  a  party  to  a  suit  shall  not  be  incompetent  to 
testify  therein,  except  as  to  confidential  communications  between  such  hus- 
band and  wife.  In  suits  by  or  against  executors,  administrators  or  guardians, 
where  judgment  may  be  rendered  for  or  against  them  as  such,  neither  party 
shall  be  allowed  to  testify  against  the  other  as  to  any  transaction  with,  or 
statement  by  the  testator,  intestate  or  ward,  unless  called  to  testify  thereto 
by  the  opposite  party. 

Religious  opinion,  or  want  of  religious  belief,  does  not  render  a  person 
incompetent  to  testify. 

Printed  statute  books  of  this  state,  of  the  United  States,  of  the  District 
of  Columbia,  or  of  any  state  or  territory  of  the  United  States,  or  of  any  for- 
eign government,  purporting  to  have  been  printed  under  the  authority 
thereof,  shall  ha  received  as  evidence  of  the  acts  and  resolutions  therein 
contained. 

Certified  copy  under  the  hand  and  seal  of  the  secretary  of  state  of  this 
.state,  of  any  act  or  resolution  contained  in  any  of  such  printed  statute  books 
deposited  in  his  office,  or  of  any  law  or  bill,  public  or  private,  deposited  in 
his  office,  in  accordance  with  law,  shall  be  received  as  evidence  thereof. 

Copies  of  the  records  of  all  public  offices  and  courts  of  this  state,  certified 
to  under  the  hand  and  seal  (if  there  be  one)  of  the  lawful  possession  of 
[Texas  18  ] 


756  TEXAS. 

such  records,  shall  be  admitted  as  evidence,  in  all  cases  -where  the  records 
themselves  would  be  admissible. 

Translated  copies  of  all  records  in  the  land  office,  certified  to  vmder  the 
hand  of  the  translator  and  the  commissioner  of  the  general  land  office,  at- 
tested with  the  seal  of  said  office,  shall  be  'prima  facie,  evidence  in  all  cases 
where  the  original  I'ecords  would  be  evidence. 

The  secretary  of  state,  attorney  general,  commissioner  of  the  general  land 
office,  comptroller,  treasurer,  adjutant  general,  and  commissioner  of  insur- 
ance, statistics  and  history,  shall  furnish  to  any  one  applying  therefor,  a  copy 
of  any  paper,  document  or  record  in  their  respective  offices,  and  also  give 
certificates,  attested  by  the  seals  of  their  respective  offices,  certifying  to  any 
fact  or  facts  contained  in  the  papers,  documents  or  records  of  their  offices, 
and  the  same  shall  be  received  in  evidence  in  all  cases  in  which  the  originals 
would  be  evidence. 

All  declarations  and  protests  made  and  acknowledgments  taken  by  notar- 
ies public,  and  certified  copies  of  their  records  and  official  papers,  shall  be 
received  as  evidence  of  the  facts  therein  stated  in  all  the  courts  of  this  state. 

Copies  of  all  conveyances  and  other  instruments  of  writing  between  priv- 
ate individuals,  which  were  filed  in  the  office  of  any  clerk  or  judge  in  Texas, 
previous  to  the  first  Monday  in  February,  1837,  shall  be  admissible  in  evi- 
dence and  shall  have  the  same  force  and  eflect  as  the  originals  thereof,  pro- 
vided, such  copies  are  certified  under  the  hand  and  official  seal  of  the  officer 
with  whom  the  originals  are  now  on  deposit. 

Every  instrument  in  writing,  liermitted  by  law  to  be  recorded  in  the  office 
of  the  clerk  of  the  county  court,  and  which  has  been  so  recorded,  after  being 
proven  or  acknowledged  in  the  manner  i^rovided  by  law  in  force  at  the  time 
of  its  registration,  shall  be  admitted  as  evidence  without  the  necessity  of 
proving  its  execution;  provided,  that  the  party  who  wishes  to  give  it  in  evi- 
dence shall  file  the  same  among  the  papers  of  the  suit,  in  which  he  proposes 
to  use  it,  at  least  three  days  before  the  trial  of  the  cause  is  begun,  and  give 
notice  thereof  to  the  opposite  party  or  his  attorney  of  record,  and  unless 
such  opposite  party,  or  some  person  for  him,  shall,  within  three  days  before 
the  trial  of  the  cause,  file  an  affidavit  that  he  believes  such  instrument  to  be 
a  forgery.  And  whenever  an  affidavit  is  made  that  any  instrument  recorded 
as  aforesaid  has  been  lost  and  that  the  original  cannot  be  procured,  a  certi- 
fied copy  of  the  record  of  any  such  instrument  shall  be  admitted  in  like 
manner  as  the  original. 

Rate  of  interest  in  every  other  state,  territory  or  county  is  presumed  to  be 
same  as  here,  unless  otherwise  alleged  and  proven. 

In  all  actions  upon  open  accounts,  supported  by  affidavit  that  same  is 
within  the  knowledge  of  affiant,  just  and  true,  that  it  is  due,  and  that  all 
just  and  lawful  offsets,  payments  and  costs  have  been  allowed,  the  same  shall 
be  taken  as  'prima  facie  evidence  thereof,  unless  defendant  file  his  denial 
thereto  under  oath,  that  it  is  not  just  or  true  in  whole  or  in  part,  and  it  iu 
part  stating  the  items  and  particulars  which  are  unjust. 

Executions. — Are  issued  immediately  after  the  adjournment  of  court,  or 
after  the  lapse  of  twenty  days  (if  the  court  is  still  in  session)  from  final 
judgment,  in  the  district  and  county  courts,  and  after  the  overruling  of  any 
motion  for  a  new  trial,  if  no  supersedeas  bond  or  appeal  or  writ  of  error  has 
been  filed  and  approved. 

Are  issued  from  justices'  coui"ts  after  ten  days  from  final  judgment,  unless 
appeal  taken  by  opposite  party. 

Upon  filing  an  affidavit  that  the  party  against  whom  a  judgment  for 
money,  other  than  a  judgment  for  costs,  etc.,  has  been  rendered,  is  about  to 
remove  his  property  out  of  the  county,  or  is  about  to  transfer  or  secrete  his 
property  for  the  purpose  of  defrauding  his  creditors,  execution  may  be 
issued  immediately. 

When  plaintiff  dies  after  judgment,  execution  shall  issue  in  the  name  of 
the  legal  representatives  of  the  deceased,  upon  an  affidavit  of  such  death 
being  filed  with  the  clerk,  together  with  a  certificate  of  the  appointment  of 

fTcxa.s  19.1 


A 


TEXAS.  757 

«uch  representative,  under  the  lisind  and  seal  of  the  clcrkol"  the  court  whorehi 
such  appointment  was  made. 

When  an  executor,  administrator,  guardian  or  trustee  of  an  express  trust, 
tlies  or  ceases  to  bo  sucli  executor,  administrator,  guardian  or  trustee,  after 
judgment,  execution  sliall  issue  in  the  name  of  his  successor  upon  an  affi- 
ilavit  of  such  death  being  filed  with  the  clerk,  together  with  the  certificate 
oi'  ap])ointment  of  such  successor,  under  the  hand  and  seal  of  the  clerk  of 
the  court  wherein  such  appointment  was  made.  When  any  person  in  whose 
iavor  a  judgment  Avas  rendered,  for  the  use  of  another,  dies  after  jvulgment. 
execution  shall  issue  in  the  name  of  the  party  for  whose  use  the  suit  was 
brought,  upon  an  athdavit  of  such  death  being  filed  with  the  clerk. 

Where  the  sole  defendant  dies  after  judgment  I'or  money,  against  him,  no 
execution  shall  issue,  but  the  judgment  may  be  proved  up  and  paid  in  due 
course  of  administration.  Executions  shall  first  be  issued  to  the  county 
where  judgment  is  rendered,  and  upon  return  thereof,  that  no  property  can 
be  found,  or  not  sufficient  to  satisfy  same,  it  may  be  issued  to  any  county  in 
t  lie  state.  Are  returnable  to  the  first  day  of  the  next  term  of  court,  or  in 
thirty,  sixty  or  ninety  days,  if  so  directed  by  plaintiff",  his  agent  or  attorney. 
From  justices'  court,  are  returnable  in  sixty  days. 

Tht,  officer  receiving  an  execution  shall  endorse  thereon  the  exact  hour  and 
<Iay  so  received,  and  if  more  than  one,  must  number  them  as  received,  and 
<»n  failure  so  to  do,  or  in  case  of  false  indorsement,  he  and  his  sureties  shall 
be  liable  on  motion  in  the  court  from  which  the  execution  issued,  three  days 
notice  being  given;  to  judgment  in  favor  of  i)laintiff"  in  execution  for  twenty 
per  cent,  on  the  amomit  of  the  execution,  together  with  such  damages  as 
plaintiff  may  have  sustained. 

Officer  receiving  execution  shall  first  call  on  defendant  to  point  out  pro])- 
erty  to  be  levied  on,  and  a  levy  shall  be  made  on  such  property.  If  no  prop- 
erty be  designated,  or  not  sufficient  to  satisfy  the  judgment,  he  shall  levy  on 
defendant's  property  as  follows  :  1.  On  personal  or  movable  property.  2. 
On  uncultivated  lands.  B.  On  cultivated  lands.  In  levying  on  real  estate,  it 
is  not  necessary  to  go  upon  the  land,  but  only  to  return  such  levy  on  the 
writ.  Levy  on  p(;rsonal  property  is  made  by  taking  j)ossession  thereof,  when 
the  defendant  is  entitled  to  possession  ;  but  when  he  oifiy  has  an  interest  in 
them,  and  is  not  entitled  to  possession,  the  levy  is  made  by  giving  notice 
thereof  to  the  per.son  who  is  entitled  to  such  possession. 

Levy  on  horses,  mules,  jacks,  jennets,  horned  cattle,  or  hogs  running  at 
large  on  the  range,  may  be  made  as  they  are  on  the  range,  in  the  presence  of 
two  or  more  credible  persons,  and  notice  thereof  shall  be  given  to  the  owner 
or  his  herder,  or  agent,  if  residing  in  the  county  and  known  to  the  officer. 

Real  estate  taken  under  execution  shall  be  sold  at  public  auction  at  the 
court  house  door  of  the  county,  on  the  1st  Tuesday  of  the  month,  between 
10  a.  m  and  4  p.  m.  Personal  property  under  execution  may  be  sold  on  teu 
days'  notice  of  such  sale. 

Executors. — The  rights,  powers  and  duties  of  executors  and  administra- 
tors shall  be  governed  by  the  common  law,  when  not  otherwise  provided  by 
.statute.  He  shall  take  such  care  of  the  estate  of  his  testator  or  intestate,  as 
a  prudent  man  would  take  of  his  own  property,  and  if  any  buildings  thereon, 
keep  them  in  tenantable  repair,  extraordinary  casualties  excepted,  unless 
<lirected  not  to  do  so  by  order  of  court.  All  suits  against  an  executor  as 
such,  to  establish  a  money  demand  against  the  estate  which  he  represents, 
must  be  bnnight  in  the  county  where  such  estate  is  administered. 

Suits  to  recover  personal  property,  debts  or  damages,  and  suits  for  the 
title  or  possession  of  land  or  for  any  riglit  attached  to  or  growing  out  of  the 
same,  may  be  instituted  by  the  executor,  in  like  manner,  as  could  have  been 
done  by  their  testator  or  intestate.  In  all  suits  against  the  estate  of  dece- 
dent, involving  the  title  to  real  estate,  the  executor  or  administrator  and 
heirs  must  be  made  parties. 

When  a  recovery  of  money  is  had  against  an  executor,  administrator  or 
[Texas  20.] 


758  TEXAS. 

guardian,  as  sucli,  the  judgment  shall  state  that  it  is  to  be  paid  in  the  due 
course  of  administration,  and  no  execution  shall  issue  on  svich  judgment, 
but  the  same  shall  be  certified  to  the  county  court,  sitting  in  matters  of  pro- 
bate, to  be  there  enforced  in  accordance  with  law.  Are  not  required  to  give 
bond  on  any  appeal  or  writ  of  error,  taken  by  them  in  their  fiduciary 
capacity,  nor  security  for  costs.  In  case  of  the  death  of  any  party  entitled 
to  an  appeal  or  writ  of  error,  the  same  may  be  taken  by  his  executor  or 
administrator. 

In  actions  by  or  against  executors,  administrators  or  guardians,  in  wliich 
judgment  may  be  rendered  for  or  against  them  as  such,  neither  party  shall 
be  allowed  to  testify  against  the  others  as  to  any  transaction  with  or  .state- 
ment by  the  testator,  intestate  or  ward,  unless  called  to  testify  thereto  by 
the  opposite  party  ;  and  this  provision  extends  to  and  includes  all  actions  by 
or  against  the  heirs  or  legal  representatives  of  a  decedent  arising  out  of  any 
transaction  with  such  decedents.  Suits  on  the  bond  of  executors,  adminis- 
trators or  guardians  becomes  barred  by  limitation,  in  four  years  after  their 
death,  removal,  resignation  or  discharge. 

Executor  may  resign  at  any  time  by  presenting  to  the  court,  when  admin- 
istration is  pending,  his  written  application,  stating  such  wish,  and  shall  ac- 
company such  application  with  a  full  and  complete  exhibit  of  the  condition 
of  the  estate,  together  with  his  administration  account,  both  of  which  shall 
be  verified  by  affidavit. 

Exemptions. — Property  reserved  to  every  family  from  forced  sale  :  The 
homestead  of  the  family.  The  homestead  shall  consist  of  two  hundred  acres 
of  land  in  the  country,  which  may  be  in  one  or  more  parcels,  with  the  im- 
provements ;  in  a  city,  town  or  village,  of  a  lot  or  lots  not  to  exceed  in  value 
$5,000  at  the  time  of  their  designation  as  the  homestead,  without  reference 
to  the  value  of  any  improvements,  provided  it  is  used  for  the  purpose  of  a 
home  or  the  place  of  business  for  the  head  of  a  family. 

All  household  and  kitchen  furniture  ;  any  lots  in  a  cemetery  for  sepulchre, 
all  implements  of  husbandry  ;  all  tools,  apparatus  and  books  of  any  profes- 
sion or  trade;  the  family  library,  and  all  family  portraits  and  pictures;  five 
milch  cows  and  calves;  two  yoko  of  work  oxen,  with  necessary  yokes  and 
chains ;  two  horses  and  one  wagon,  one  carriage  or  buggy ;  one  gun ;  twenty 
hogs ;  twenty  heads  of  sheep  ;  all  saddles,  bridles  and  harness  necessary  for 
the  use  of  the  family ;  all  provisions  and  forage  on  hand  for  home  consumi)- 
tion,  and  all  current  wages  for  personal  services.  Exempt  to  persons  not 
constituents  of  a  family:  A  lot  (or  lots)  in  a  cemetery,  held  for  the  purpo.'^e 
of  sepulchre ;  all  wearing  apparel  ;  all  tools,  apparatus  and  books  belong- 
ing to  any  trade  or  profession  ;  one  horse,  saddle  and  bridle;  current  wages 
for  personal  services.  Exemption  of  homestead  does  not  apply  where  the 
debt  is  due  :  1st.  For  purchase  money.  2d.  For  taxes,  od.  For  improve- 
ments, but  must  be  contracted  for  in  Avriting,  and  executed  and  acknowl- 
edged by  husband  and  wife,  and  acknowledgment  of  wife  taken  privately 
and  apart  from  her  husband. 

Exemiition  to  every  ferryman  :  one  ferry  boat,  keel  or  flat  boat,  used  as  a 
ferry  boat,  with  necessary  tackle  for  operating  the  same,  not  exceeding  in 
value  $500. 

To  counties,  cities  and  towns,  all  property  owned  and  held  only  for  public 
purposes,  such  as  public  buildings  and  sites  therefor,  fire  engines  and  the 
furniture  thereof,  and  all  property  used  or  intended  for  extinguishing  fires, 
public  gnmnds  and  other  property,  devoted  exclusively  to  the  use  and  benefit 
of  the  i)ublic;  provided,  the  vendor's  lien,  mechanic's  or  builder's  lien,  or 
other  liens  existing  on  April  18th,  1876,  when  the  existing  constitution  went 
into  effect,  shall  not  be  interfered  with.  All  public  libraries  are  exempt  from 
every  species  of  forced  sale. 

Factors  and  Commission  Merchants.— ^hall  not  i>urchase  or  reserve 
any  interest  in  goods,  etc.,  consigned  to  them,  either  directly  or  indirectly, 
without  express  license  from  the  owner  or  consignor. 

[Texas  21.] 


TEXAS.  759 

In  a  reasonable  time,  after  sale,  shall  render  to  the  owner  or  consignor  a 
comi)loto  account  of  sale  thereof,  ■which  shall  state  the,  date  of  sale,  nature 
of  the  purchase,  terms  of  sale,  and  if  sold  hy  weight,  the  wei<;ht  thereof  in 
gross  and  tlie  rate  allowed,  and  accompany  same  with  a  certilicate  or  mem- 
orandum in  writing,  signed  by  the  weigher,  who  weiglied  the  same,  of  the 
weight  and  condition,  as  required  by  law,  under  penalty  of  not  more  than 
$500  nor  less  than  $100. 

False  Pretense. — The  acquisition  of  any  personal  or  movable  i^roperty, 
money  or  iustiument  of  writing  conveying  or  securing  a  vahiable  right  by 
means  of  some  false  or  deceitful  pretense  or  devise,  or  fraudulent  represen- 
tation "with  intent  to  appropriate  ,the  same  to  the  use  of  the  party  so  acquir- 
ing, or  of  destroying  or  impairing  the  rights  of  the  party  justly  entitled  to 
tlie  same,  is  defined  by  our  statutes  as  ''swindling,"  and  is  punishable  in 
the  same  manner  as  theft. 

Frauds  and  Fraudulent  Conveyances. — No  action  can  be  brought  and 
sustained  in  the  following  cases,  unless  the  promise  or  agreement  uptjn  which 
such  action  shall  be  brought,  or  some  memorandum  thereof,  shall  be  in 
writing  and  signed  by  the  party  to  be  charged  therewith,  or  by  some  person 
by  him  thereunto  lawfully  authorized  :  1.  To  charge  any  executor  or  ad- 
ministrator upon  any  promise  to  answer  any  debt  or  damages  due  from  his 
testator  or  intestate,  out  of  his  own  estate ;  or,  2.  To  charge  any  person 
upon  a  promise  to  answer  for  the  debt,  default  or  miscarriage  of  another;  or, 
3.  To  charge  any  j)erson  upon  any  agreement  made  upon  consideration  of 
marriage;  or,  4.  Upon  any  contract  for  the  sale  of  real  estate  or  the  lease 
thereof  for  a  longer  term  than  one  year;  or,  5.  Upon  any  agreement  which 
is  not  to  be  performed  within  the  space  of  one  year  from  the  making 
thereof. 

All  gifts,  conveyances,  assignments,  transfers  of,  or  charge  upon  any  real 
estate  or  personal  property,  every  suit  commenced  or  decree,  judgment  or 
execution  suffered  or  obtained,  and  every  bond  or  other  writing  given  with 
intent  to  delay,  hinder  or  defraud  creditors,  purchasers  or  other  persons  of 
or  from  what  they  are  or  may  be  lawfully  entitled  to,  shall,  as  to  such  credi- 
tors, purchasers  or  other  persons,  their  representatives  or  assigns,  be  void. 
The  above,  however,  does  not  affect  the  title  of  a  purchaser,  for  valuable 
consideration,  unless  it  ai)pear  that  he  liad  notice  of  the  fraudulent  intent  of 
his  immediate  grantor,  or  if  the  fraud  rendering  void  the  title  of  such 
grantor. 

All  gifts,  conveyances,  assignments,  transfers  and  charges  made  by  a  deb- 
tor, which  is  not  upon  valuable  consideration  in  law,  is  void  as  to  pii(jr  cre- 
ditors, unless  it  ajjpoars  that  such  debtor  was  then  jjossessed  of  property 
within  this  state,  subject  to  execution,  sufficient  to  pay  his  existing  debts  ; 
but  the  same  shall  not,  on  that  account,  merely  be  void  as  to  subsequent 
creditors.  No  gifts  of  goods  or  chattels  shall  be  valid  unless  by  deed  or 
will,  duly  acknowledged  or  proven  up  and  recoided,  or  unless  actual  pos- 
.session  shall  have  come  to  and  remained  with  the  d<mor  or  some  one  claim- 
ing under  him. 

When  any  loan  of  goods  or  chattels  shall  be  pretended  to  have  been  made 
to  any  person  with  whom,  or  those  claiming  under  him,  possession  shall 
have  remained  for  two  years  without  demand  made  and  pursued  by  due  pro- 
cess of  law  on  the  ])art  of  the  pretended  lender;  or  when  any  reservation  or 
limitation  shall  be  pretended  to  have  been  made  of  a  use  of  property,  by  way 
of  condition,  reversion,  remainder  or  otherwise  in  goods  and  chattels,  the 
l)Ossession  whereof  shall  have  remained  in  another  as  aforesaid,  tlie  same 
shall  be  taken  as  to  the  purchasers  and  creditors  of  the  persons  aforesaid,  so 
remaining  in  possession,  to  be  fraudulent  within  this  chapter  and  that  the 
absolute  ])roperty  is  with  the  possession,  uidess  such  loan,  reservation  or 
limitation  of  use  of  property  were  declared  by  will,  or  by  deed  or  other  in- 
.strument  in  writing,  duly  acknowledged  or  proved  or  record<',d. 
ITexas  22.) 


760  TEXAS. 

Garnishment. — Clerks  of  the  district  and  county  courts  and  justices  of 
tlie  peace  may  issue  writs  of  g;iruishineut,  returnable  to  tlieir  respective 
courts  iu  the  following  cases  :  1.  When  an  original  attachment  has  been 
issued  as  ijrovided  by  law.  2.  When  the  plaintiff  sues  for  a  debt  antl  makes 
affidavit  that  such  debt  is  just,  due  and  unpaid,  and  that  the  defendant  has 
not,  within  his  knowledge,  property  iu  his  possession  within  this  state,  sub- 
ject to  execution  sufficient  to  satisfy  such  debt,  and  that  the  garnishment 
applied  for  is  not  sued  out  to  injure  either  the  defendant  or  the  garnishee. 
3.  When  plaintiff  has  a  judgment  and  makes  affidavit  that  the  defendant 
has  not,  within  his  knowledge,  property  within  his  possession  in  this  state,  • 
subject  to  execution  suthcient  to  satisfy  such  judgment. 

In  the  cases  mentioned  in  sub-division  ^  above,  i)laintiff  nuist  execute  a 
bond,  with  two  or  more  good  and  sufficient  sureties,  to  be  api)roved  by  the 
officer  issuing  the  writ,  payable  to  the  defendant  in  tlie  suit,  in  double  the 
amount  of  the  debt  claimed  therein,  conditioned  that  lie  will  prosecute  his 
suit  to  effect  and  pay  all  damages  and  costs  that  may  be  adjudged  against 
him  for  wrongfully  suing  out  such  garnishment.  Before  the  writ  of  garn- 
ishment issues,  plaintiff"  must  ap])ly  therefor  iu  writing,  under  oath,  signed 
by  him,  stating  the  facts  authorizing  the  issuance  of  the  writ,  and  that 
plaintiff'  has  reason  to  believe  and  does  believe  that  the  garnishee,  stating 
his  name  and  residence,  is  indebted  to  the  defendant  or  that  he  has  iu  his 
hands  effects  belonging  to  the  defendant,  or  that  the  garnishee  is  an  incor- 
porated or  joint  stock  company  and  that  tlie  defendant  is  the  owner  of  shares 
in  such  company  or  has  an  interest  therein. 

The  above  requirements  having  been  complied  with  the  cause  is  docketed, 
in  the  name  of  plaintiff  or  plaintiffs  and  the  garnishee  as  defendant,  and  the 
writ  is  then  issued.  When  plaintiff's  affidavit  shows  that  the  garnishee  is  a 
joint  stock  company  or  incori^orated  company  in  which  defendant  owns 
shares,  oris  interested,  the  writ  of  garnishment,  in  addition  to  other  cases, 
shall  require  the  garnishee  to  answer  on  oath  what  number  of  shares,  if  any, 
the  defendant  owns  in  such  comijany  or  owned  when  such  writ  was  served, 
and  what  interest,  if  any,  he  has  in  such  company  or  had  when  such  writ 
was  served.  Writs  of  garnishment  are  dated  and  tested  as  other  writs. 
Garnishee  must  answer  in  writing,  under  oath,  all  the  matters  required  of 
in  the  writ.     Current  wages  for  personal  services  not  subject  to  garnishment. 

Grace. — Three  days  of  grace  allowed  on  all  bills  of  exchange  and  promis- 
sory notes  assignable  or  negotiable  by  law. 

Homestead. — ( See  Exemj^tio/i ,<<. ) 

Insolvent  Laws. — {See  Assignments.) 

Interest, — The  legal  rate  of  interest,  where  there  is  no  special  contract,  is 
declared  by  the  constitution  of  1875  to  be  eight  percent.  By  contract,  twelve 
per  cent,  per  annum  may  be  reserved  ;  all  interest  above  is  usurious,  and  the 
principal  only  can  be  recovered  if  usury  be  pleaded. 

Judgments. — Final  judgment  rendered  in  any  of  the  courts  of  record  of 
this  state,  or  of  any  United  States  court  in  this  state,  when  entered  on  the 
"Judgment  llecord  "  in  the  office  of  the  county  clerk,  operates  as  a  lien 
upon  the  real  estate  of  the  defendant,  situated  in  the  county  where  such 
entry  is  made,  for  the  term  of  ten  years  from  the  date  thereof. 

Decrees  for  partition,  or  by  which  the  title  to  land  shall  be  received,  must 
be  recorded  iu  the  county  where  the  land  lies  before  they  are  receivable  in 
evidence. 

Where  service  is  upon  one  only  of  a  partnership  firm,  judgment  upon  .such 
service  will  be  good  against  partnershiiJ  property  and  the  proi)erty  of  the 
member  who  was  served. 

No  attorneys'  fees  are  allowed  to  be  taxed  iu  judgments,  except  iu  federal 
courts.     Tax  fee  there  is  twenty  dollars. 

[Tesas  2;'..] 


TEXAS.  761 

Justice  of  the  Peace. — Have  orij^iual  jurisdiction  in  civil  matters  in  all 
cases  where  tlic  ainuuiiL  in  controversy  is  $200  or  less,  exclusive  of  interest, 
of  which  exclusive  original  jurisdiction  is  not  given  to  the  district  or  county 
courts  and  of  all  cases  of  forcible  entry  and  detainer.  They  also  have  power 
to  foreclose  mortgages  and  enforce  liens  on  j)ersoMal  proi)erty  where  the 
amount  in  controversy  is  within  their  jurisdiction.  (Jne  term  of  court  held 
each  month.  Pleadings  are  oral,  except  when  otherwise  specially  provided, 
but  a  brief  statement  thereof  shall  be  noted  on  the  docket. 

Landlord  and  Tenant. — All  persons  leasing  or  renting  lands  or  tene- 
ments at  will,  or  tor  a  term,  shall  have  a  preference  lien  upon  the  property 
of  the  tenant,  hereinafter  indicated,  upon  such  premises,  for  any  rent  that 
may  become  due  and  for  all  money  and  the  value  of  all  animals,  tools,  pro- 
visions and  supplies  furnished  by  the  landlord  to  the  tenant  to  enable  the 
tenant  to  make  a  crop  on  such  premises,  and  to  gather,  secure  and  house  and 
j)Ut  the  same  in  condition  for  market,  tlie  money,  animals,  tools,  provisions 
and  supplies  so  furnished  being  necessary  for  that  purpose,  whether  the 
same  is  to  be  jjaid  in  money,  agricultural  products,  or  other  property,  and 
this  lien  shall  apply  only  to  animals,  tools  and  other  property  furnished  by 
the  landlord  to  tlie  tenant  and  to  the  crop  raised  on  such  rented  premises. 
While  the  rent  or  such  advances  remain  unpaid  it  is  unlawful  for  the  tenant 
to  remove,  or  permit  to  be  removed  from  such  premises,  any  of  such  prop- 
erty without  the  landlord's  consent. 

Such  lien  continues  while  they  remain  on  the  premises  and  for  one  month 
thereafter,  and  is  superior  to  all  laws  exempting  such  property  from  forced 
sale.  Such  lien  does  not  attach  to  the  goods,  wares  and  merchandise  of  a 
merchant,  trader  or  mechanic,  sold  and  delivered  in  good  faith  in  the  regu- 
lar course  of  business  to  the  tenant. 

When  any  rent  or  advances  become  due  or  the  tenant  shall  be  about  to  re- 
move or  move  his  property  ,from  such  premises,  the  person  to  .whom  the 
same  are  due,  or  his  agent,  attorney,  assignees,  heirs  or  legal  representatives 
may  apply  to  the  justice  of  the  peace  for  a  warrant  to  seize  such  property. 

Leases. — (Sec  Landlord  and  Tenutii.  See  Frauds  and  Fraudulent  Con- 
'sci/ance.f.) 

Liens. — Theic  is  an  implied  lien  upon  land  for  the  purchase  money  in 
favor  of  the  vendor,  which  is  transferable  with  the  assignment  of  the  pur- 
chase money  notes,  and  when  there  are  more  notes  than  one  and  they  are 
transferred  to  different  persons,  they  have  equality  of  lien,  though  due  at 
different  dates. 

Builders  and  mechanics,  contracting  to  put  up  buildings  of  any  descrip- 
tion, may  have  a  lien  upon  the  byildings  and  lot  or  parcel  of  land  upon 
which  they  are  erected  for  services  and  material  furnished,  provided  the  con- 
tract is  in  writing,  or  if  verbal,  stated  on  oath  and  a  copy  lendercdto  debtor, 
and  is  recorded  in  the  county  in  which  the  buildings  contracted  to  be  erected 
are  situated,  witliin  four  months  after  the  debt  has  accrued.  Every  work- 
man or  other  person  doing  work  upon  such  buildings,  or  furnishing  material 
therefor,  who  has  not  been  paid  for  the  same  may,  within  thirty  days  after 
tiie  accrual  of  such  indebtedness,  fix  a  lien  upon  the  building  or  improve- 
ment and  projierty  after  giving  ten  <lays'  notice  to  the  owner  of  the  amount 
of  liis  claim  and  from  whom  due,  and  thereupon  the  owner  shall  i-ctain  the 
amount  until  tlu;  matter  is  adjusted  i>etwt'en  tlie  person  who  performed  the 
labor  or  furnished  the  materials,  and  tlie  ccmti-actor. 

Mechanics  wiio  repair  articles  have  a  lien  for  the'repairs,  and  may  retain 
possession  ninety  days,  and  then  sell  under  i)rescribcd  regulations. 

Hotel  and  boarding  Ikjusc  keepers  have  a  lien  upon  iiroperty  or  baggage 
<leposited  with  them  by  guests,  for  their  charges.  Proprietors  of  livery 
.stables  also  have  a  s])ecial  lien  on  horses  and  vehicles  left  on  livcrj'. 

Liens  are  considered  an  incident  to  the  debt  secured  by  them,  and  when 
[Texas  24.] 


762  TEXAS. 

the  debt  is  barred,  the  lien  dies  too  ;  revival  of  the  debt  revives  the  lieii,  but 
courts  will  not  enjoin  a  sale  by  a  trustee  to  pay  a  barred  del>t. — (^See  also 
Landlord  and  Tenant  and  Judgments.) 

Limitation  of  Actions  or  Suits. — If  relied  upon,  must  be  specially 
pleaded.  In  suits  for  land,  three,  live  and  ten  years,  according  to  the  claims 
of  the  party  pleading  it.  If  to  recover  real  estate  as  against  any  ])erson  in 
peaceable  and  adverse  possession  thereof,  under  title  or  color  of  title,  suit 
must  be  instituted  within  three  years  next  after  the  cause  of  action  shall 
have  accrued  and  not  afterwards. 

If  to  recover  real  estate  as  against  any  person  having  peaceable  and  ad- 
verse possession  thereof,  cultivating,  using  or  enjoying  the  same  and  paying 
taxes  thereon,  if  any,  and  claiming  under  a  deed  or  deeds  duly  registered, 
shall  be  instituted  within  five  years  next  after  the  cause  of  action  sliall  have 
accrued,  and  not  afterwards;  jjrovided,  the  above  shall  not  apjily  to  any  one 
in  possession  of  land  who,  in  the  absence  of  this  statute,  would  deraign  title 
through  a  forged  deed;  provided  further,  that  no  one  claiming  inider  a 
forged  deed  or  deed  executed  under  a  forged  power  of  attorney  shall  be 
allowed  the  benefit  of  same. 

If  to  recover  land  against  any  person  having  peaceable  and  adverse  pos- 
session thereof,  cultivating,  using  or  enjoying  tlie  same,  suit  shall  be  insti- 
tuted within  ten  years  next,  after  the  plaintiffs  cause  of  action  .shall  have  ac- 
crued, and  not  afterwards. 

Under  the  ten  years'  clause  the  party  in  possession  can  only  hold  IGO  acres 
including  the  improvements,  or  the  number  of  acres  actually  enclosed  should 
the  same  exceed  100  acres ;  but  when  such  possession  is  taken  and  held 
under  some  written  memorandum  of  title,  other  than  a  deed,  which  fixes  the 
boundaries  of  the  possessor's  claim,  and  is  duly  registered,  such  peaceable 
possession  shall  be  construed  to  be  co-extensive  with  the  boundaries  speci- 
fied in  such  instrument. 

If  a  person  entitled  to  commence  suit  for  the  recovery  of  real  property,  or 
to  make  any  defense  founded  on  the  title  thereto,  be  at  the  time  such  title 
shall  first  descend  or  the  adverse  possession  commence,  either  :  1.  Under 
the  age  of  21  years;  or,  2.  A  married  woman ;  or,  3.  Of  unsound  mind; 
or,  4.  A  person  imprisoned ;  the  time  during  which  such  disability  shall 
continue  shall  not  be  deemed  any  jiortion  of  the  time  limited  for  the  com- 
mencement of  such  suit  or  the  making  of  such  defense,  and  such  person 
shall  have  the  same  time,  after  the  removal  of  his  disability,  that  is  allowed 
to  othe.    under  the  above  provisions. 

Limitations  of  Personal  Actions. — Must  be  brought  in  one  year  after  the 
caiase  of  action  shall  have  accrued,  in  the  following  [cases  :  1.  Actions  for 
injuries  done  to  the  person  of  another.  2.  Actions  for  malicious  prosecu- 
tions or  for  injuries  done  to  the  character,  or  reputation  of  another  by  libel 
or  slandei'.  3.  Actions  for  damages  for  seducticm  or  breach  of  promise  of 
marriage.  4.  Actions  for  injuries  done  to  the  person  of  another  where  death 
ensued  fi'om  such  injuries,  and  the  cause  of  action  shall  be  considered  as 
having  accrued  at  the  death  of  the  party  injured. 

The  fallowing  actions  must  be  commenijed  and  prosecuted  within  two 
years  after  the  cause  of  action  shall  have  accnicd  :  1.  Actions  of  trespass 
for  injury  done  to  the  estate  or  tlie  property  of  another.  2.  Actions  for  de- 
taining the  personal  property  of  another  and  for  converting  such  personal 
property  to  one's  own  use.  8.  Actions  for  taking  or  carrying  away  the 
goods  and  chattels  of  another.  4.  Actions  for  debt,  when  the  indebtedness 
is  not  evidenced  by  a  contract  in  writing.  5.  Actions  vipon  stated  or  open 
accounts,  other  than  such  mutual  and  current  accounts  as  concern  the  trade 
of  merchandise  between  merchant  and  merchant,  their  factoi-s  or  agents. 

The  following  actions  shall  be  commenced  and  prosecuted  within  four 
years  after  the  cause  of  action  accrued  :  1.  Actions  for  debt  when  the  in- 
debtedness is  evidenced  by  or  founded  upon  any  contract  in  writing.  2. 
Actions  for  the  penalty  or  for  damages  on  the  penal  clause  of  a  bond  to  con- 

I Texas  25.] 


i 


TEXAS.  763 

vey  real  estate.  3.  Actions  by  one  partner  against  liis  co-paitner  for  a  set- 
tlement of  the  partnership  account  or  upon  mutual  and  current  accounts 
concerning  the  trade  of  merchandise  between  merchant  and  merchant,  their 
factors  and  agents,  and  the  cause  of  action  shall  be  considered  as  having  ac- 
crued on  a  cessation  of  the  dealings  in  which  they  were  interested  together. 

Suits  on  the  bond  of  any  executor,  administrator  or  guardian  shall  be 
commenced  and  prosecuted  within  four  years  after  the  (leath,  resignation, 
removal  or  discharge  of  svich  executor,  administrator  or  guardian. 

Every  action,  other  than  for  the  recovery  of  real  estate  for  which  no  limi- 
tation is  otherwise  prescribed,  shall  be  brought  within  four  years  next  after 
the  right  to  bring  the  same  shall  have  accnaed. 

Limited  Partnerships. — May  be  formed  by  two  or  more  persons  for  the 
transaction  of  any  mercantile,  mechanical,  manufacturing  or  other  business, 
except  banking  or  insurance. 

Such  partnership  may  consist  of  one  or  more  persons,  who  shall  be  called 
the  general  partners  and  who  shall  be  jointly  and  severally  responsible  as 
general  partners  now  are  by  law,  and  of  one  or  more  persons  who  shall  con- 
tribute in  actual  cash  payments  a  specific  sum  as  capital  to  the  common 
stock,  who  shall  be  called  special  partners,  and  who  shall  not  be  liable  for 
the  debts  of  the  partnership,  beyond  the  fund  so  contributed  by  him  or 
them  to  the  capital.  The  general  partners  only  are  authorized  to  transact 
business  and  sign  for  the  partnership  and  to  bind  the  same. 

Persons  desirous  of  forming  such  partnerships  shall  make  and  severally 
sign  a  certificate  which  shall  contain  :  1.  The  name  or  tirm  under  which 
the  partnershiii  is  to  be  conducted.  2.  The  general  nature  of  the  business 
intended  to  be  transacted.  8.  The  names  of  all  the  general  and  special 
partners  interested  therein,  distinguishing  which  are  general  and  which  are 
special  partners,  and  their  respective  places  of  residence.  4.  The  amount  of 
capital  which  each  special  partner  shall  have  contributed  to  the  commou 
stock.  5.  The  period  at  which  the  partnership  is  to  commence,  and  the 
period  at  which  it  is  to  terminate. 

The  certificate  shall  be  acknowledged  by  each  person  signing  the  same, 
before  any  officer  authorized  to  take  acknowledgments  for  record,  and  such 
acknowledgment  shall  be  made  and  certified  in  the  same  manner  as  that  of 
the  conveyance  of  land. 

The  certificate  so  acknowledged  and  certified  shall  be  filed  in  the  office  of 
the  clerk  of  the  county  court  of  the  county  where  the  printdpal  place  of 
business  of  the  partnership  shall  be  situated,  and  recorded  in  a  book  in  said 
office,  kept  for  that  purpose,  open  to  public  Inspection. 

At  the  time  of  filing  the  certificate  aforenamed,  an  affidavit  of  one  of  the 
general  partners  shall  also  be  filed,  stating  that  the  sum  specified  in  the  cer- 
tificate to  have  been  contributed  by  each  of  the  special  partners,  to  the  com- 
mon stock,  have  been  actually  and  in  good  faith  i)aid  in  cash. 

The  terms  of  partnership  when  i-cgistered,  shall  be  published,  for  at  least; 
six  weeks,  immediately  after  such  registry,  in  such  news])ai)cr  as  shall  be 
designated  by  the  clerk  in  whose  office  such  registry  shall  be  made,  and  if 
such  publicaticm  shall  not  be  made,  the  partnership  shall  be  deemed  general. 
The  biTsiness  shall  be  conducted  under  a  firm,  in  wliich  the  names  of  the 
general  partners  only  shall  be  inserted  without  the  addition  of  the  word 
"company,"  or  any  other  general  term. 

Suits  may  be  brought  by  and  against  the  general  partners,  as  though  there  , 
were  no  special  partners. 

Special  partner  cannot,  in  any  manner,  withdraw  any  part  of  the  sum 
contributed  by  him,  during  the  continuance  of  the  i)artnership,  but  any 
partner  may  annually  receive  lawful  interest  on  the  sum  contributed  by 
him,  if  the  payment  of  such  interest  shall  not  reduce  the  original  amount  of 
such  capital,  and  if,  after  the  payment  of  such  interest,  any  ])rofit  shall  re- 
main to  be  divided,  he  may  also  receive  his  portion  of  such  i)rofits. 

No  dissolution  of  such  partnership,  by  the  acts  of  the  parties,  shall  take 
plaice  previous  to  the  time  specified  in  the  certificate  of  its  formation,  or  its 
Texas  26  ] 


764  TEXAS. 

certificate  of  renewal,  until  a  notice  of  sncli  dissolution  shall  have  been  filed 
and  recorded,  and  published  once  in  each  week  for  four  weeks  in  a  news- 
paper printed  in  each  of  the  counties  where  the  partnership  may  have  a 
jilace  of  business,  if  there  be  such  papers,  and  if  tliere  be  none,  then,  in  a 
newspaper  jniblished  in  the  nearest  county  where  there  is  one. 

Married  Women. — Cannot  bind  themselves,  nor  their  separate  estate,  by 
making,  drawing,  accepting  or  indorsing  negotiable  instruments.  Her  sepa- 
rate estate  is  not  liable  for  husband's  debts  ;  nor  for  her  own  contracts, 
except  for  expenses  incurred  for  its  benefit,  or  for  necessaries  for  herself  and 
children.  Property  owned  by  wife  before  marriage,  or  acquired  afterward, 
by  gift,  devise  or  descent,  remains  her  separate  property.  That  acquired 
after  marriage,  except  as  above,  or  by  sale  or  exchange  of  separate  property, 
is  community  property. 

Mechanics'  Liens.— (5«6  Liens.) 

Minors. — iVFale  persons  under  21  years  of  age,  and  females  under  31  yeai-s 
of  age.  who  have  never  been  married,  are  minors.  In  all  suits  where  a 
minor  is  a  party  defendant,  the  court  shall  appoint  a  guardian,  ad  litem,  to 
represent  such  minor.  Suits  by  minors  are  brought  by  their  legally  quali- 
fied guardian,  or  by  their  next  friend.  No  limitation  begins  to  run  agahist 
a  minor  until  of  lawful  age  or  disabilities  removed. 

Mortgages  and  Trust  Deeds.— Are  upon  the  same  footing  and  governed 
l»y  the  same  laws  generally  as  deeds,  with  the  addition  that  it  is  made  a 
liighly  penal  offence  for  the  mortgagor,  after  the  execution  of  the  mortgage, 
to  deal  fraudulently  with  the  mortgaged  property,  so  as  to  defeat  the  lien. 
All  mortgages,  to  be  good  against  third  persons,  must  be  recorded  in  the 
county  where  the  property  is  situated,  unless  such  third  person  have  actual 
notice  or  reasonable  information  thereof. 

All  mortgages  and  deeds  of  trust  upon  lands  or  chattels  are  but  securities. 
The  legal  estate  remains  in  the  mortgagor.  If  the  mortgagee  die,  the  mort- 
gage is  treated  as  a  chattel  interest ;  if  the  mortgagor  die,  whatever  may  be 
the  form  of  the  deed,  it  has  to  be  foreclosed  by  decree  of  the  court.  The 
foreclosure  is  by  suit,  with  prayer  for  judgment  and, sale.  The  equity  of 
redemption  continues  until  the  sale  ;  but  there  is  no  redemption  after  sale. 
An  executor  or  administrator  may  release  a  mortgage  upon  payment. 

Mortgages  are  discharged  by  payment,  no  record  of  discharge  being  neces- 
sary. Wife  need  not  join  in  a  mortgage,  except  upon  her  own  property.  By 
the  constitution  of  1875.  no  mortgage,  trust  deed  or  lien  is  valid  on  the 
homestead,  except  for  the  purchase  money  or  improvements  made  thereon, 
and  all  sales  of  the  homestead  involving  any  condition  of  defeasance  are 
void. 

Notes  and  Bills  of  Exchange.— The  liability  of  any  drawer  or  indorser 
may  be  fixed,  l)y  instituting  suit  against  the  acceptor  or  maker,  before  the 
first  term  of  the  district  or  county  court  to  which  suit  can  be  brought,  or 
before  the  second  term,  showing  good  cause  why  not  brought  at  the  first 
term ;  within  the  jurisdiction  of  a  justice,  suit  must  be  brought  within  sixty 
days.  Protest :  Such  liability  may  also  be  fixed  by  protest,  according  to  the 
custom  of  merchants.  The  holder  of  a  protested  draft  or  bill,  drawn  by  a 
merchant  in  this  state  upon  his  agent  or  factor  without  the  state,  may  re- 
cover ten  per  cent,  damages  thereon,  be.sides  interest  and  costs.-  Days  of 
grace  (three)  allowed  on  all  negotiable  instruments. 

Oaths. — ('S'ec  Affidavits.) 

Partnerships. — Service  of  citatioii  (in  suits  against  a  firm)  on  one  of  the 
partners  is  sulHcient  to  authorize  judgment  against  the  firm  and  against  the 
partner  actually  served,  but  not  an  individual  judgment  against  those,  not 

[Texas  27.1 


TEXAS.  705 

served.  A  levy  on  the  interest  of  a  partner,  in  partnership  property,  is 
made  by  leaving  a  notice  with  one  or  more  of  the  partners,  or  with  a  clerk 
of  the  partnership. — (See  Limited  Partnerships.) 

Promissory  Notes. — {See  Bills  of  Exchange.) 

Practice. — (See  Actions.)  . 

Proof  of  Claims. — {See  Administration  and  Claims  against  Becedenta' 
Estates.) 

Recording. — Instraments  of  writinj^  when  properly  acknowledged  or 
proven  up,  and  certified  to  in  proper  form,  may  bo  recoi'ded  in  the  office  of 
the  county  clerk.  Deeds,  etc.,  are  binding  upon  and  are  full  notice  to  tliinl 
person  when  filed  for  record  with  the  clerk,  who  notes  thereon  the  hour  of 
filing. — (See  Deeds  and  Liens.) 

Redemption. — Property  sold  for  taxes  may  be  redeemed  within  two  years 
thereafter,  by  i)ayment  to  the  purchaser  at  such  sale  a  sum  in  double  the 
amount  of  taxes  and  costs.  Infants,  lunatics  and  femtne  covert  have  until 
one  year,  after  removal  of  disability,  in  which  to  redeem.  Equity  of  redemp- 
tion on  mortgaged  property  exists  until  the  sale  ;  but  there  is  no  redemp- 
tion after  sale. 

Replevin. — When  property  has  been  attached,  at  any  time  before  judg- 
ment, should  the  property  not  have  been  previously  claimed  or  sold,  the 
defendant  may  replevy  tlie  same,  or  any  part  thereof,  by  giving  bond  with 
two  or  more  good  and  sufficient  sureties,  to  be  approved  by  tlie  officer  wlio 
levied  the  writ,  payable  to  the  plaintitt",  in  double  the  amoimt  of  the  plain- 
tifi's  debt,  or  at  the  defendant's  option,  for  the  value  ofthe property  re jilevied, 
to  be  estimated  by  the  officer,  conditioned  that  should  the  defendant  be  con- 
demned in  the  action  he  shall  satisfy  the  judgment  which  may  be  rendered 
therein  or  shall  pay  the  estimated  value  of  the  jjroperty,  with  lawful  interest 
thereon,  from  the  date  of  the  bond. 

The  defendant  shall  also  be  allowed,  at  any  time  within  ten  days  from  the 
levy  of  a  distress  warrant,  to  replevy  property  so  levied  on,  by  giving  bond, 
as  required  by  law. 

Property  levied  on  by  the  writ  of  sequestration  may  be  replevied  by  either 
party,  by  giving  the  required  bond,  as  dii-ected  by  law,  to  be  given  in  such 
cases. 

Revision. — The  revised  statutes  of  the  state  of  Texas  being  a  revision  and 
digest  of  all  the  civil  statute  laws  of  the  state,  went  into  effect  September 
1st,  1879. 

Revivor, — No  bills  of  revivor  in  our  pleadings.  Where  a  cause  of  action  is 
one  that  survives  it  is  not  abated  by  the  death  or  marriage  of  either  party 
thereto,  but  the  necessary  parties  may  either  make  themselves  parties  thereto 
or  a  scire  facias  is  issued  for  the  puri)ose. 

Seal. — Private  corporations  may  have  and  use  seal,  and  any  conveyance  of 
land  by  them  must  be  under  seal.  No  private  seal  or  scroll  shall  be  neces- 
sary to  the  validity  of  any  contract,  bond  or  conveyance,  whether  respecting 
real  or  personal  property,  or  any  other  insti"ument  of  writing,  whether  offi- 
cial, judicial  or  private,  except  such  as  are  made  by  corporations,  nor  shall 
the  addition  or  omission  of  a  seal  or  scroll  in  any  Avay  affect  the  force  and 
eftect  of  the  same.  Every  contract  in  writing  imparts  a  consideration  in  the 
.same  manner  and  as  fully  as  sealed  instruments  formerly  did. 

Security  for  Costs. — Plaintiff  may  be  ruled  to  give  security  for  costs  in 
[Texas  28.] 


766  TEXA8. 

all  suits,  and  where  so  ruled,  if  he  fails  so  to  do  by  the  next  term  of  court, 
the  suit  may  be  dismissed  under  rule  for  costs.  The  state  shall  not,  in  any 
case,  be  required  to  give  security  for  costs. 

Executors,  administrators  and  guardians,  appointed  by  the  courts  of  this 
state,  shall  not  be  required  to  give  security  for  costs  in  any  suit  brought  by 
them  in  their  fiduciary  capacity. 

When  the  costs  are  secured  by  the  provisions  of  an  attachment  or  other 
bond,  filed  by  the  party  required  to  give  security  for  costs,  no  further 
security  shall  be  recjuired. 

Stay  of  Execution. — Allowed,  only  in  justices'  courts  and  then  only  for 
three  months,  when  the  debtor  shall,  with  one  or  more  good  and  sufdcient 
sureties,  to  be  approved  by  the  justice,  appear  before  such  justice  and 
a(;knowledge  themselves  and  each  of  them  bound  to  the  successful  party  for 
full  amoiuit.  with  interest  and  costs.  This  is  entered  on  the  docket  by  the 
justice  and  has  the  force  and  eft'ect  of  a  judgment  against  all  of  them. 

Supplementary  Proceedings. — ^lay  be  filed  during  the  pendency  of  suit 
as  tlie  nature  of  the  cause  may  require.  No  statute  regulating,  except  as  to 
execution. 

Taxes. — The  following  are  constitutional  provisions  :  Property  shall  be 
taxed  according  to  value,  but  the  legislature  may  impose  a  poll  tax,  also  a 
tax  or  occupation  and  incomes  ;  provided,  persons  engaged  in  agricultural 
and  mechanical  pursuits  shall  not  be  required  to  pay  an  occupation  tax. 

Public  property,  used  for  public  purposes,  places  of  religious  worship, 
places  of  burial  not  held  for  profit,  buildings  used  for  school  purposes  and 
the  furniture  of  schools  and  institutions  of  public  charity,  are  exempt  from 
taxation. 

Taxes  are  only  to  be  levied  and  collected  by  general  laws  and  for  public 
purposes,  and  the  right  to  tax  property  of  corporations  shall  not  be  sur- 
rendered. 

All  persons,  including  corporations,  must  pay  the  taxes  on  the  value  of 
their  property  in  the  county  in  which  it  is  situated,  and  property  must  be 
assessed  in  the  county  where  situated ;  except  that  the  rolling  stock  of  rail- 
roads may  be  assessed  at  their  principal  oflice  in  state,  and  except  further, 
that  the  legislature  may  allow  the  payment  by  non-resident  of  a  county,  of 
the  tax  assessed  against  them  at  the  comptroller's  office,  by  a  vote  of  two- 
thirds,  and  this  has  not  been  allowed,  except  as  to  unorganized  counties. 

The  .state  tax  on  proi^erty,  exclusive  of  the  tax  necessary  to  pay  the  public 
debt,  and  for  benefit  of  public  free  schools,  shall  never  exceed  35  per  cent, 
on  the  $100,  and  no  county,  city  or  town  shall  levy  more  than  25  cents  for 
city  or  county  purposes  and  15  cents  per  $100  for  roads  and  bridges,  except 
for  the  payment  of  debts  heretofore  incurred,  or  for  the  erection  of  public 
buildings  not  to  exceed  25  cents  on  the  $100  in  one  year,  except  as  specially 
provided  in  the  constitution. 

Lands  lying  in  unorganized  counties  must  be  assessed  and  taxes  paid 
thereon,  in  the  county  to  which  the  said  unorganized  county  is  attached 
by  law. 

The  annual  assessment  of  taxes  on  land  constitutes  a  lien  thereon.  The 
county  commissioner's  court  in  each  county  constitutes  a  board  of  equaliza- 
tion. The  legislature  is  required  to  make  provisions  for  the  speedy  sale  of  a 
sufficient  portion  of  all  land  and  other  property  for  the  taxes  due  thereon, 
and  every  year  tliereafter  for  the  taxes  which  shall  not  have  been  paid.  The 
deed  to  purchaser  for  all  lands  thus  sold  '  'is  held  to  vest  a  good  and  perfect  title 
in  the  purchaser,  subject  to  be  impeached  only  for  actual  fraud,"  provided, 
that  the  former  owner  shall  within  two  years  from  date  of  purchaser's  deed, 
have  the  right  to  redeem  upon  the  payment  of  double  the  amount  of  money 
paid  for  the  land. 

Laws  have  been  passed,  carrying  out  these  provisions.  Taxes  are  assessed 
on  property  between  January  1st  and  June  1st,  of  each  year.     Taxpayers 

[Texas  29.] 


TEXA.S.  767 

have  from  October  1st  to  March  Ist,  following,  to  pay  their  taxes,  before  the 
property  is  subject  to  be  sold.  After  March  1st  the  collector  shall  levy  upon 
and  sell  the  property  of  deliiKiuents  to  enforce  payment  of  taxes. 

Trust  Deeds. — (See  Deeds  and  MortgacjeH.) 

Usury. — AH  written  contracts  whatsoever,  which  may  in  any  way,  directly 
or  iudirc'ttly,  stipulate  for  a  greater  rate  of  interest  than  12  per  cent,  per 
annum,  shall  be  void  and  of  no  effect  for  the  whole  rate  of  interest  only,  but 
the  princii)al  sum  of  money,  or  the  value  of  the  contract  may  be  received 
and  recovei-ed.  No  evidence  of  usurious  interest  can  be  produced  in  any 
trial,  \inless  sjjecially  pleaded  and  verified  by  the  affidavit  of  the  party  plead- 
ing it. — {See  Interest.) 

Wages. — Current  wages  for  personal  services  are  not  subject  to  garnish- 
ment or  any  otJier  species  of  forced  sale,  whether  by  attachment,  execution 
or  otherwise. 

Wills. — Every  person,  aged  21  years  or  upwards,  or  who  may  have  been 
lawfully  married,  being  of  sound  mind,  shall  have  power  to  make  a  last  will 
and  testament,  conveying  all  their  property,  real  and  personal.  Will  must 
be  in  writing,  except  when  otherwise  provided,  and  signed  by  the  testator  or 
by  some  other  person  by  his  direction  and  in  his  presence  and  shall,  if  not 
wholly  written  by  himself,  be  attested  by  two  or  more  credible  persons  (wit- 
nesses) above  the  age  of  14  years,  subscribing  their  names  thereto  in  the 
presence  of  tlie  testator.  Attestation  of  subscribing  witnesses,  is  not  neces- 
sary when  the  will  is  wholly  written  by  the  testator.  Wills  in  writing,  can- 
not be  revoked,  except  by  a  sub.sequent  will,  codicil  or  declaration  in  writ- 
ing, executed  with  like  formalities,  or  by  the  testator  destroying,  canceling 
or  obliterating  the  same,  or  causing  it  to  be  done  in  his  presence. 

Property  may  also  be  disposed  of  by  nuncupative  will,  when  made  in  the 
time  of  last  sickness  of  deceased,  at  his  habitation  or  where  he  has  resided 
for  ten  days  next  preceeding,  oraway  from  his  habitation,  only  when  deceased 
is  taken  sick  from  home  and  dies  before  he  returns  to  such  habitation,  when 
proved  by  three  credible  witnesses  that  the  testator  called  on  some  person  to 
take  notice  or  bear  testimony  that  such  is  his  will. 

No  nuncupative  will  shall  be  proved  within  fourteen  days  after  death  of 
the  testator,  nor  until  those  who  would  have  been  entitled  by  inheritance, 
been  summoned  to  contest  the  same,  if  they  desire  to  do  so.  After  six 
months  from  the  time  of  speaking  the  pretended  testamentary  words,  no 
testimony  shall  be  received  to  prove  a  nuncupative  will,  unless  the  testimony 
or  the  substance  thereof  shall  have  been  committed  to  writing  within  six 
days  after  making  the  will. 

When  the  testator  shall  have  children  bom  and  his  wife,  eneiente,  the 
posthumous  child,  if  unprovided  for  by  settlement  and  pretermitted  by  such 
will,  shall  succeed  to  the  same  portion  of  the  estate,  as  it  would  have  had, 
if  the  father  had  died  intestate. 

All  original  wills,  together  with  the  probate  thereof,  shall  be  deposited  in 
the  office  of  the  clerk  of  the  county  court  of  the  county  wherein  the  same 
shall  have  been  probated  and  shall  there  remain,  except  during  such  time  as 
they  may  be  removed  to  some  other  court,  by  proper  process,  for  inspection. 
Such  will  and  probate  thereof  shall  be  recorded  by  the  clerk  of  the  county 
court  in  a  book  to  be  kept  for  that  purpose. — {See  Administration.) 

Witnesses. — (.See  Depositions  and  Evidence.) 


[Texas  30.1 


768 


TEXAS. 


ATTORNEYS    !N    TEXAS. 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  population. 
Figures  after  names  when  admitted  to  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (l)  our  Compiler  of  IjRws. 
A  dagger  (f)  former  recommendations  withdrawn. 


PLACE. 

COUNTY. 

NAMES    OP    ATTORNEYS.      POPULA  N 

Albany 

Shackelford 

J.  R.  Fleming. 

1,500 

Alvarado 

Johnson 

<;  J.  A.  Patton. 
'(  t  W.  H.  Skelton. 

2,000 

Anderson 

Grimes 

T.  C.  Buffington. 

750 

Archer 

Archer 

S.  Abercrombie. 

— 

Athens 

Henderson 

Faulk  &  Faulk. 

1,500 

Austin 

Travis 

J.  B.  Davies. 

18,000 

Baird 

Callahan 

Webb  &  Webb. 

1,000 

Bandera 

Bandera 

H.  C.  Dtifty. 

850 

Bastrop 

Bastrop 

Fowler  &  Maynard. 

2,000 

Beaumont 

Jefferson 

JOHN  J.  RUSSELL.  '67. 

3,000 

Beeville 

Bee 

John  C.  Beasley. 

250 

Belle  Plain 

Callahan 

A.  J.  Young. 
C  Dupree,  '77,  (J.  C.)  & 

200 

Belton 

Bell 

{        McCutchan,  '79,  (W,  R. 
I  W.  K.  SAUNDERS,  '79. 

)   4,500 

Belleville 

Austin 

Hon.  S.  R.  Blake. 

1^200 
f.200 

Big  Spring 

Howard 

fi.  H.  Cowan. 

Blanco 

Blanco 

Martin  &  Burnett. 

'245 

Boerne 

Kendall 

F.  W.  Schweppe. 

775 

Bonham 

Fannin 

R.  B.  Semple 

3,500 

Boston 

Bowie 

(See  Texarkana.) 

300 

Bowie 

Montague 

M.  B.  Hoskins. 

2,000 

Brackettville 

Kinney 

I.  L.  Martin. 

2,000 

Brady 

McCulloch 

Walter  Anderson. 

115 

Brazoria 

Brazoria 

H.  Masterson. 

900 

Breckenridge 

Stephens 

Wm.  Veale  &  Son. 

700 

Brenham 

Washington 

C.  R.  Breedlove. 

5,000 

Brownsville 

Cameron 

Wells  &  Hicks. 

4,938 

Brownswood 

Brown 

Scott  &  .Tenkins. 

3,500 

Bryan 

Brazos 

W.  R.  CAVITT. 

3.200 

Buffalo  Gap 

Taylor 

T.  A  Henry. 

600 

Burnet 

Burnet 

Cook  &  Moses. 

1,000 

Caldwell 

Burleson 

A.  W.  Mclver. 

1.500 

Calvert 

Robertson 

Scott  Field. 

3,500 

Cameron 

Milam 

^  Henderson,  Henderson  & 
\             McCalla 

2,000 

Canton 

Van  Zandt 

Alex.  Burge. 

600 

Carrizo 

Zapata 

Hazlerigg  &  Vandervoort. 

— 

Carrizo  Springs 

Dimmit 

Hon.  J.  T.  Longino. 

1.000 

Carthage 

Panola 

Lawson  &  Hines. 

'350 

TEXAS. 

769 

PLACE. 

COUKTY. 

NAMES   OP   ATTGRN'EYS. 

popula'n. 

Castroville 

^Medina 

E.  3L  :Montel. 

731 

Center 

Shelby 

T.  C.  Davis. 

500 

Centreville 

Leon 

J.  B.  Boiling. 

223 

C'i>cc. 

Eastland 

Luse  (k  Larimer. 

2.500 

Clarksviile 

lied  River 

Sims  ct  Wright. 

1,000 

Cleburn 

Johnson 

J.  F.  Henrv. 

5,000 

Cold  Spring 

San  Sacinto 

G.  J.  Turnley. 

1,300 

Coleman 

Coleman 

Sims  &  Snodgrass. 

411 

Colorado 

:Mitchell 

Martin  &  Jennings. 

4,000 

Columbus 

Colorado 

5  Foard,  Thomi)Son  & 
I             Townsend. 

3,000 

Comanche 

Comanche 

E.  L.  Shropshire. 

1,100 

Cooper 

Delta 

Patterson  &  Holmes. 

525 

Corpus  Christi 

Xneces 

J.  S.  McCampbell  &  Son. 

5,000 

Corsicana 

Navarro 

Frost,  Bary  &  Lee. 

5,000 

Cotulla 

La  Salle 

E.  R.  Lane. 

1,000 

Crockett 

Honston 

Cooper  &,  Moore. 

1,200 

Cuero 

De  Witt 

0.  L.  Crouch. 

2,200 

Daingerfield 

3Iorris 

Moore  &  Hart. 

800 

Dallas 

Dallas 

5  ROBERT  H.  WEST,  '73 
(  J.  E.  Wolf. 

30,000 

Decatur 

Wise 

Trenchard  &  Trenchard. 

2,000 

Deiiisdu  City 

Grayson 

Foster  &  Wilkinson. 

9,000 

Denton 

Denton 

J.  A.  Carroll. 

3,300 

Eagle  Pass 

Maverick 

J.  T.  Burks. 

4,000 

Eastland 

Eastland 

Calhoun  &  Conver. 

625 

Edna 

Jackson 

5 1  Henri/  T.  Chuers. 
i  F.  A.  White. 

500 

El  Paso 

El  Paso 

Davis,  Beall  &  Kemp. 

9,000 

Emory 

Rains 

F.  P.  Harden. 

400 

Emiis 

Ellis 

Edwards  &  Fears. 

3.000 

Fairfield 

Freestone 

Kirven,  Gardner  &  Etheridge.      450 

Flatoiiia 

Favette 

F.  A.  Hess. 

1,500 

Floresville 

Wilson 

B.  F.  Ballard. 

1,000 

Fort  Davis 

Presidio 

N.  Van  Horn. 

2,810 

Fort  Stockton 

Pecas 

{See  Fort  Davis.) 

600 

Fort  Worth 

Tarrant 

(  GEO.  W.  FIXGER. 
I  Oliver  S.  Kennedy. 

22,000 

Fredericksburgh 

Gillespie 

C.  C.  Callan. 

1,085 

Frio  Town 

Frio 

{See  Pearsall.) 

334 

Gainesville 

Cook 

E.  A.  Blanton. 

8,000 

Galveston 

Galveston 

MANN  &  BAKER. 

30,000 

Gatesville 

Corgell 

DUFFIE  '60  &  DUFFIE, 

'82.  1,500 

Georgetow^n 

Williamson 

AV.  0.  Baker. 

3,000 

Giddings 

Lee 

J.  L.  Rossean. 

1,000 

Gilmer 

Upshur 

C.  W.  Kerns. 

750 

Glen  Rose 

Somervell 

J.  J.  Farr. 

600 

Goliad 

Goliad 

D.  D.  Claiborne. 

885 

Gonzales 

Gonzales 

W.  :vr.  Atkinson. 

3,000 

Graham 

Young 

C.  W.  Johnson. 

050 

Granbury 

Plood 

Cooper  &  Estes. 

524 

Greenville 

Hunt 

Matthews  «fc  Neyland. 

3,700 

Givesbeck 

Limestone 

L.  .J.  Farrar. 

700 

Hallettsville 

Lavaca 

Bagbv  &  Allen. 

850 

Hamilton 

Hamilton 

S.  J.  ALLEN,  '86. 

400 

Hardin 

Hardin 

P.  A.  Work. 

125 

JlaskfU 

Haskell 

P.  D.  SANDERS. 



Ht'arne 

Robertson 

J.  E.  Bishop. 

1,421 

Helena 

Karnes 

F.  R.  Graves. 

285 

770 

TEXAS. 

PLACE. 

COUNTY. 

NAMES   OF    ATTOUNEYS. 

popula'n. 

Hemphill 

Sabine 

Weatherred  &  Polley. 

275 

Hempstead 

Waller 

W.  J.  POOLE,  '78.  ' 

1,750 

Henderson 

Rusk 

N.  G.  Bagby. 

2,000 

Henrietta 

Clay 

5  J.  E.  Bomar,  86'. 
1 1  B.  D.  Wdborne. 

1,250 

Hidalgo 

Hidalo'o 

W.  P.  Dougherty. 

259 

Hillsborough 

Hill    " 

John  Abbott. 

3,000 

Homer 

Angelina 

H.  G.  Lane. 

500 

Houston 

Harris 

IRA  P.  JONES,  80. 

26,000 

Huntsville 

Walker 

Abercrombie  &  Randolph, 

5,750 

Indianola 

Calhoun 

D.  C.  Proctor. 

700 

Jacksonborough 

Jack 

E.  W.  Nicholson. 

450 

Jasper 

Jasper 

P.  W.  Ford. 

450 

Jefferson 

Marion 

Cnlber.^on  &  Culberson. 

3,263 

Junction  City 

Kiml)le 

W.  A.  Williamson,  '77. 

175 

Kaufman 

Kaufman 

Clark  it  3Iorrow. 

1,250 

Kerville 

Kerr 

R.  H.  Barney. 

250 

La  Grange 

Fayette 

W.  H.  Ledbetter. 

2,500 

Lampasas 

Lampasas 

J.  M.  AD  KINS. 

3,500 

Laredo 

Webb 

McLaiie  &  Alter. 

6,000 

Liberty 

Liberty 

C.  F.  Stevens. 

600 

Linden 

Cass 

Chas.  C.  Hines, 

400 

Livingston 

Polk 

Hill  &  Cory. 

1,500 

Llano 

Llano 

Dalrymple  &  Mclnnis. 

750 

Lockhart 

Caldwell 

Nix,  Storey  &  Storey. 

1,000 

Longview 

Gregg 

T.  i\I.  Campbell. 

3,500 

Luling 

Caldwell 

Thomas  McNeal. 

2,000 

McKinney 

Collin 

Jenkins  &  Pearson. 

3,000 

Madisonville 

Madison 

M.  Y.  Randolph. 

— 

Margaret 

Hardeman 

(See  Sey7nour.) 

— 

Marlin 

Falls 

5  J.  A.  Martin. 

(  t  Wm.  B.  Beagan. 

1,800 

Marshall 

Harrison 

J.  B.  Carter. 

7*000 

Mason 

Mason 

C.  Thaxton. 

700 

Matagorda 

Matagorda 

W.  C.  Braman. 

400 

Menardville 

Menard 

G.  W.  Dexter, 

100 

Meridan 

Bosque 

Lockett  &  Lockett. 

1.000 

Mexia 

Limestone 

T.  J.  Gibson. 

i;800 

Mobeetie 

Wheeler 

J.  N.  Browning. 

400 

Montague 

Montague 

A.  L.  Matlock. 

328 

Montgomery 

IVIontgoniery 

N.  H.  Davis. 

800 

Mt.  Pleasant 

Titus 

JOHN  L.  PATTERSON, 

'79.      850 

Mt.  Vernon 

Franklin 

J.  M.  Fanning. 

400 

Nacagdoches 

Nacagdoches 

L.  Carnes. 

1,000 

Xavasota 

Grimes 

H.  H.  Boone. 

3,000 

New  Braunfels 

Comal 

J.  S.  Guinn. 

2,000 

Newton 

Newton 

L.  B.  Clark. 

200 

Oakville 

Live  Oak 

T.  A.  Blair. 

250 

Orange 

Orange 

J.  T.  Hart. 

3,500 

Paint  Rock 

Concho 

Hon.  G.  H.  Garland. 

125 

Palestine 

Anderson 

T.  B.  Greenwood. 

4,000 

Palo  Pinto 

Palo  Pinto 

Chas.  W.  Massie. 

'800 

Paris 

Lamar 

Hale  &  Hale. 

1,200 

Pearsall 

Friu 

f  Carter  &  Bivens. 
\\  B.  W.  Hudson. 

1,200 

Pennington 

Trinity 

C,  B.  Wood. 

300 

Phantom  Hill 

Jones 

(See  Albany.) 

— 

P  lot  Point 

Denton 

John  Collier. 

1,290 

Pittsburgh 

Camp 

M.  L.  IMorris. 

1,500 

TEXAS. 

771 

PLACE. 

COUXTY.                    NAMES   OF  ATTOUNEYS. 

popula'n. 

Pleasanton 

Atascosa 

W,  J.  Brown. 

400 

Quitman 
Refugio 

Wood 

A.  J.  Angle. 

:500 

Refugio 

{See  BeviUe.) 

500 

Richmond 

Fort  Bend 

Pearson  &  McCamly 

1,500 

Rockport 

Aransas 

W.  C.  Phillips. 

800 

Rockwall 

Rockwall 

L.  D.  Stroud. 

300 

llound  Rock 

Williamson 

J.  W.  liubertson. 

1,000 

Runnels 

Runnels 

T.  B.  Cochran. 

225 

Rusk 

Cherokee 

E.  C.  Dickinson. 

2,000 

San  Angelo 

Tom  Green 

Joseph  Spence. 
fBreneman,  O.K.,  '69. 

32  Soldad  Street. 
EDMOXDS,  ELIAS 

4.000 

San  Antonio 

Bexar 

t  Mayfield,  Chas.  H. 

43,000 

See  Card  m  Appendix,  page 

xxiv. 

t  Clifford,  C.  11. 

f  Harrison  &  Harrison. 

San  Augustine 

San  Augustine 

S.  W.  Blount. 

600 

San  Diego 

Duval 

L.  P.  Bryant. 

2,500 

San  Marcas 

Hays 

W.  0.  Hutchinson. 

2,000 

San  Patricio 

San  Patricio 

P.  0' Dougherty. 

175 

San  Saba 

San  Saba 

Burleson  &  Harris. 

1,200 

Schulenburgii 

Fayette 

M.  K.  Neil. 

1,400 

Seguin 

Guadalupe 

T.  L.  Johnston. 

1,800 

Seymour 

Baylor 

Taylor  &  Goss. 

1,000 

Sherman 

Grayson 

Bryan  &  Dillard. 

9,300 

Stephenville 

Erath 

Wm.  M.  Moores,  '70. 

725 

Sulphur  Springs 

Hopkins 

A.  A.  Henderson. 

1,854 

Sweet  Water 

Nolan 

Cowan  &  Fisher. 

1,500 

Taxcarakana 

Bowie 

W.  M.  CAMPBELL,  '69. 

400 

Temple 

Bell 

C.  A.  Brand. 

3,100 

Texarkana 

Bowie 

W.  M.  CAMPBELL. 

4,000 

Throckmorton 

Throckmorton 

N.  C.  Bolin. 

400 

Tilden 

McMullen 

W.  A.  Hill. 

600 

Troup 

Smith 

F.  M.  HAYS. 

284 

Tyler 

Smith                     • 

Robertson,  Duncan  & 

Robertson. 

4,000 

Uvalde 

Uvalde 

0.  Ellis. 

2,500 

Victoria 

Victoria 

A.  B.  Peticolas. 

4,000 

Waco 

McLennan 

M.  C.  H.  PARK. 

17,000 

Wallisville 

Chambers 

( 

H.  Jackson. 

M.  w.  Mcknight. 

200 

Waxahachie 

Ellis                      . 

t  Lancaster  ct-  3Iaxwell. 
t  T.  B.  WJiipple. 

3.500 

Weatherford 

Parker 

Richards  &  Kuteman. 

4,000 

Weimar 

Colorado 

W.  C.  Harrison. 

1,200 

Whitesborougli 

Grayson 

G.  W.  Diamond. 

1,508 

Wichita  Falls 

Wichita 

S.  ARMSTRONG. 



Woodville 

Tyler 

West  tt  Chester. 

800 

ii'2 


TEXAS. 


BANKS   IN   TEXAS. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  of  one 
bank  in  each  county  of  this  state  in  which  such  a  banking  institution  is  located. 


PLACE. 

Albany 

Austin 

Belton 

Bonham 

Breckenridge 

Brenham 

Brownwood 

Bryan 

Burnet 

Calvert 

Cameron 

Clarksville 

Cleburne 

Coleman 

Colorada 

Columbus 

Comanche 

Corpus  Christ! 

Corsicana 

Crockett 

Daingerfield 

Dallas 

Decatur 

Denton 

Eagle  Pass 

El  Paso 

Fort  Worth 

Gainesville 

Galveston 

Georgetovpn 

Gonzales 

Greenville 

Hamilton 

Henderson 

Henrietta 

Ilillsboro 

Houston 

.Jefferson 

Kaufman 

Lampass 

Laredo 

Marl  in 

Marshall 


PAID  UP 

NAME   OP   BANK. 

CASHIER. 

CAPITAL, 

First  National  Bank 

N.  L.  Bartholomew 

75,000 

First  National  Bank 

R.  J.  Brackenridge. 

160,000 

Belton  National  Bank 

J.  Z.  Miller,  Jr. 

60,000 

Fannin  County  Bank 

George  A.  Preston. 

100,000 

Marberry  &  Son 

John  F.  Marberry 

35,000 

First  National  Bank 

J.  N.  Brown. 

100,000 

First  National  Bank 

Brook  Smith. 

100,000 

First  National  Bank 

J.  W.  Howell. 

100,000 

First  National  Bank 

W.  H.  Boggess. 

60,000 

J,  Adone 

75,000 

Milam  County  Bank 

H.  A.  Gladdish. 

25,000 

Red  River  County  Bank 

D.  W.  Cheatham. 

100,000 

Bank  of  Cleburne 

(Heard,  Allen  &  Floore)  60,000 

First  National  Bank 

J.  B.  Coleman. 

50,000 

Colorada  National  Bank 

A.  Print. 

150,000 

R.  E.  Stafford  &  Co 

E.  J.  Sandmeyer. 

50,000 

Comanche  County  Bank 

S.  A.  Josephi. 

25,000 

P.  Doddridge  &  Co 

210,000 

First  National  Bank 

C.  H.  AUyn. 

100,000 

Houston  County  Bank 

A.  A.  DeBerry. 

17,000 

Bank  of  Daingerfield 

W.  C.  Womack. 

50,000 

City  National  Bank 

E.  M.  Reardon. 

300,000 

First  National  Bank 

L.  C.  Mayes. 

50,000 

First  National  Bank 

C.  R.  Buddy. 

50,000 

S.  P.  Simpson  &  Co 

F.  V.  Blesse. 

50,000 

First  National  Bank 

H.  S.  Kaufman. 

100,000 

State  National  Bank 

J.  C.  Harrison. 

300,000 

First  National  Bank 

William  Worsham. 

250,000 

First  National  Bank 

J.  E.  Beissner. 

300,000 

Emzy  Taylor 

Lee  M.  Taylor. 

50,000 

G.  N.  Dilworth 

150,000 

First  National  Bank 

Thos.  H.  King. 

75,000 

George  F.  Perry 

12,000 

A.  Wettermark  &  Co 

50,000 

Henrietta  National  Bank 

J.  W.  T.  Gray. 

50,000 

Hills  County  Nat  Bank 

(J.  E.  Phillips. 

50,000 

Commercial  Nat  Bank 

R.  A.  Girard. 

200,000 

Citizens'  Bank 

A.  D.  Banta. 

26,000 

Nash  &  Carlisle 

Geo.  W.  Voiers. 

25,000 

First  National  Bank 

E.  ]\L  Longcope. 

50,000 

Milmo 

D.  Milmo. 

120,000 

Bank  of  Marlin 

John  Bellinger. 

100,000 

First  National  Bank 

E.  Key. 

75,000 

TEXAS. 

773 

PAID   UP 

PLACE. 

NAME  OP   BANK. 

CASHIER. 

CAPITAL. 

McKinney 

Collins  Co  Nat  Bank 

W.  L.  Boyd. 

100,000 

>[ontague 

First  National  Bank 

Wm.  A.  ^lorris. 

50.000 

Mt  Pleasant 

Mt  Pleasant  Bank 

C.  W.  Moores. 

40,000 

Nacogdoches 

A  Wettermark  &  Son 

25,000 

Palestine 

Robinson  Bros 

35,000 

Paris 

Farmers  &  M'c'ts  Bank 

H.  A.  Bland. 

200,000 

Pittsburg 

Camp  County  Bank 

C.  II.  Morris. 

25.000 

Runnells 

Davis.  Baker  &  Co. 

62,000 

Rusk 

F  W  Bonner  &  Son 

Wade  Bonner. 

75,000 

San  Antonio 

San  Antonio  Nat  Bank 

John  Withers. 

125,000 

San  Marcos 

First  National  Bank 

E.  L.  Tliomas. 

50,000 

Sherman 

M'c'ts  &  P't'rs  Nat  Bank 

C.  B.  Dorchester. 

600,000 

Sulphur  Sp'g' 

s  First  National  Bank 

P.  H.  Foscue. 

50,000 

Tyler 

E  C  Williams  &  Co 

45,000 

Victoria 

A  Levi  &  Co 

Chas.  G.  Levi. 

150,000 

Waco 

Waco  State  Bank 

W.  W.  Seley. 

125,000 

AVaxahachie 

Citizens'  Nat  Bank 

T.  A.  Ferris. 

100,000 

Weather  ford 

First  National  Bank 

W.  W.  Davis. 

50,000 

TERRITORY  OF 

UTAH. 

SUMMARY  OF 

i 

Coi^LECTioN    Laws. 

Court  Calendar,  Instructions  for  taking  Depositions^  Legal  Forms,  Etc. 
Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "  Showers' 
Legal  Directory  and  Merchants'  Guide."  for  1888.  by 
HoGE  &  Burmester,  of  the  Salt  Lake  City  Bar. 

Acknowledgments. — ^May  be  made  within  the  territory  before  a  judge  or 
clerk  of  a  court,  having  a  seal,  or  some  notary  public  or  county  recorder,  or 
by  a  justice  of  the  peace  of  the  county  where  the  conveyance  is  executed  and 
to  be  recorded.  Elsewhere  in  the  United  States,  before  some  judge  or  clerk 
of  any  court  of  the  United  States,  or  of  any  state  or  territory  having  a  seal, 
or  by  a  notary  public,  or  by  a  commissioner  appointed  by  the  court  for  that 
purpose.  Out  of  the  United  States  before  some  judge  or  clerk  of  any  court 
of  any  state,  kingdom  or  empire,  having  a  seal,  or  any  notary  public  there- 
in, or  any  mmister,  commissioner,  or  consul  of  the  United  States,  appointed 
to  reside  therein. 

General  Form  of  Acknowledgments. 

Territoky  (tp  Utah,  ) 

County  of .       i     * 

On  this day  of ,  in  the  year ,  before  me,  (name  and  quality 

of  officer),  personally  appeared ,  known  to  me,  (or  proved  to  me  on  the 

oath  of ),  to  be  the  person  whose  name  is  subscribed  to  the  within  instru- 
ment and  acknowledged  to  me  that  he  (or  they)  executed  the  same. 

[seal.]  {Signature  and  title  of  officer.) 

If  the  deed  be  executed  by  a  corporation,  after  the  words  ' '  known  to 
me,"  etc.,  insert,  "to  be  the  president  (or  secretary)  of  the  corporation  that 
executed  the  within  instrument,  and  acknowledged  to  me  that  such  corpora- 
tion executed  the  same." 

Of  a  Married  Woman. 
Territory  of  Utah,    > 
County  of  .        3     ' 

On  this day  of ,  in  the  year -,  before  me,  (name  and  quality 

of  officer),  personally  appeared ,  known  to  me,  (or  proved  to  me  on  the 

oath  of ,)  to  be  the  person  whose  name  is  subscribed  to  the  within  instru- 
ment described  as  a  married  woman ;  and  upon  an  examination  without  the 
hearing  of  her  husband  I  made  her  acquainted  with  the  contents  of  the  in- 
strument, and  thereupon  she  acknowledged  to  me  that  she  executed  the  same, 
and  that  she  does  not  wish  to  retract  such  execution, 

[seal.]  {Signature  and  title  of  officer.) 

lUtah  1.] 


I 


UTAH  TERRITORY.  775 

By  subscribing  witness  see  general  form. 

By  an  attorney  in  fact,  same  as  the  general  form,  but  after  the  word  "in- 
strument"' insert  "as  the  attt)ruey  in  fact  of ,  and  acknowledged  that  he 

subscribed  the  name  of thereto  as  principal,  and  his  own  name  as  attor- 
ney in  fact." 

Acknowledgments  must  be  authenticated  by  the  signature,  followed  by 
the  name  or  title  of  office,  and  the  official  seal  affixed,  if  the  offi(;crhas  by  law 
an  official  seal.  The  seal  may  be  made  by  an  impression  on  the  paper,  or  on 
wax  or  other  substance  attached. 

Form  of  Proof  hy  Subscribing  Witness. 

Territory  of  Utah,    > 
County  of  .        5  **' 

On  this day  of ,  in  the  year  one  thousand  eight  hundred,  and 

,  before  me ,  a ,  personally  appeared ,  known  to  me  to  be  the 

person  whose  name  is  subscribed  to  the  within  instrument  as  a  subscribing 

witness  thereto,  and  that  said ,  being  by  me  sworn,  on  oath,  testified  and 

proved  to  me  that ,  the  person  whose  name  is  subscribed  to  said  instru- 
ment as  a  party,  is  the  person  described  in  it,  and  that  the  said executed 

the  same,  and  that  he,  the  said  ,  subscribed  his  name  thereto  as  a  wit- 
ness. 

In  witness  whereof  I  have  hereunto  set  my  hand  and ,  tlie  day  and 

year  in  this  certificate  first  above  written. 

[seal.]  (Signature  and  title.) 

Actions. — There  is  but  one  form  of  civil  action.  A  civil  action  is  com- 
menced by  filing  of  a  complaint,  and  the  issuing  of  a  summons.  Summons 
may  be  issued  at  any  time  within  one  year  from  the  filing  of  the  complaint. 
This  applies  to  justices'  as  well  as  district  courts.  In  justices'  courts  the 
complaint  may  be  a  copy  of  note,  account,  bill  bond  or  other  instniments  on 
which  the  action  is  founded.  All  actions  must  be  i:)rosecuted  in  the  name  of 
the  real  party  in  interest,  with  the  exception  of  those  prosecuted  by  and  in 
the  name  of  persons  acting  in  a  fiduciary  capacity. 

AfB.davits. — Affidavits  to  be  used  before  any  court,  judge  or  officer  of  this 
territory,  may  be  taken  before  any  judge  or  clerk  of  any  court  or  any  jus- 
tice of  the  peace  or  notary  public  in  this  territory.  If  taken  out  of  the  ter- 
ritory and  in  the  United  States,  may  be  taken  before  a  commissioner  ap- 
pointed by  the  governor  of  this  territory  to  take  affidavits  and  depositions  in 
the  state  or  territory  where  taken,  or  before  any  notary  public,  or  before  any 
judge  or  clerk  of  a  court  having  a  seal.  If  taken  in  a  foreign  countrj',  before 
an  embassador,  minister,  consul,  vice-consul  or  consular  agent  of  the  United 
States  or  before  any  judge  of  a  court  of  record,  having  a  seal,  in  such  for- 
eign country,  when  taken  before  a  judge  or  court  of  any  other  state  or  terri- 
tory or  in  a  foreign  country,  tlie  genuineness  of  the  signature  f)f  tlie  judge, 
the  existence  of  the  court,  and  the  fact,  that  such  judge  is  a  member  thereof, 
must  be  certified  by  the  clerk  of  the  court  under  the  seal  thereof. 

AUens. — Aliens  take  by  descent  as  if  citizens,  and  may  be  inlicrited  from 
as  if  citizens.  But  if  a  non-resident  alien  shall  fail  to  appearand  claim  suc- 
cession within  five  years  after  the  death  of  the  person  to  whom  he  claims 
succession,  the  probate  court  may  cause  the  property  to  be  reduced  to  the 
possession  of  the  territory,  or  cause  the  same  to  be  sold  and  the  proceeds  to 
be  deposited  in  the  territorial  treasury  for  the  benefit  of  such  non-resident 
alien,  or  his  legal  representative,  to  be  paid  to  him  whenevei',  within  five 
years  after  sucli  deposit,  proof  to  the  satisfaction  of  the  probate  court  and 
the  auditor  of  public  accounts  is  produced  that  he  is  entitled  to  succeed 
[Utah  2.1 


776  UTAH  TERRITORY. 

thereto.    If  no  one  succeeds  to  the  estate  or  the  proceeds,  as  above  stated, 
the  property  escheats  to  the  territory  for  the  benefit  of  the  common  schools. 

Appeals. — Api^eals  lie  from  decisions  of  justices  of  the  peace  and  from 
probate  courts  to  the  district  court  in  all  cases,  and  from  the  district  courts 
to  the  supreme  court  of  the  territory. 

Appeals  from  decisions  of  justices  of  the  peace  must  be  taken  in  30  days ; 
from  probate  courts,  in  sixty  days,  and  from  district  courts  to  the  terri- 
torial supreme  court,  in  one  year  from  final  judgments  in  cases  commenced 
in  the  district  courts  ;  in  ninety  days,  from  judgments  rendered  on  appeal 
from  an  inferior  court ;  and  from  interlocutory  and  other  orders,  in  sixty 
days. — {See  Stay  of  Execution.') 

Arrest. — Defendant  may  be  arrested  in  a  civil  action  on  an  order  of  the 
court  in  which  the  action  is  brought.  1st.  In  an  action  for  the  recovery  of 
money  or  damages  arising  upon  a  contract,  express  or  implied,  when  the  de- 
fendant is  about  to  depart  from  the  territory  with  intent  to  defraud  his  cred- 
itors, or  when  the  action  is  for  wilful  injury  to  person  or  character,  or  to 
property,  knowing  the  property  to  belong  to  another.  2d.  In  an  action  for  a 
fine  or  penalty  or  for  a  breach  of  promise  to  marry,  or  for  money  or  prop- 
erty embezzled  or  fraudulently  misapplied  or  converted  to  his  own  use  by  a 
public  officer,  or  an  officer  of  a  corporation,  or  an  attorney,  factor,  broker, 
agent  or  clerk  in  the  cause  of  his  employment  is  such,  or  by  any  other  per- 
son in  a  fiduciary  capacity ;  or  for  misconduct  or  neglect  in  office  or  in  a 
professional  employment,  or  for  wilful  violation  of  duty.  3d.  In  an  action 
to  recover  the  possession  of  personal  property  unjustly  detained,  when  the 
property  or  any  part  thereof  has  been  concealed,  removed  or  disposed  of,  so 
that  it  cannot  \>%  found  or  taken  by  the  marshal,  sheriff  or  other  executive 
officer  of  the  court.  4th.  When  the  defendant  has  been  guilty  of  a  fraud  in 
contracting  the  debt  or  incurring  the  obligation  for  which  the  action  is 
brought,  or  in  concealing  or  disposing  of  the  property,  for  the  taking,  deten- 
tion or  conversion  of  which  the  action  is  brought.  5th.  When  the  defendant 
has  removed  or  disposed  of  his  property,  or  is  about  to  do  so,  with  intent  to 
defraud  his  creditors. 

Plaintift'  must  furnish  a  written  undertaking,  with  sureties,  in  an  amount 
to  be  fijced  by  the  judge,  which  shall  not  be  less  than  $500.  Defendant  may 
be  admitted  to  bail. 

Assignment- — No  statute  law  in  the  territory  on  this  subject ;  rests  as  at 
common  law,  accepting  dividend  does  not  amount  to  a  discharge  of  the 
debtor ;  simply  payment  to  the  amount. 

Attachment. — Plaintiff  may  at  time  of  issuing  summons  or  at  any  time 
afterwards,  have  property  attached  as  security  for  the  satisfaction  of  any 
judgment  that  may  be  recovered,  unless  the  defendant  give  security  to  pay 
such  judgment  in  the  following  cases  : 

1st.  In  an  action  ujion  a  judgment  or  upon  a  contract,  express  or  implied, 
which  is  not  secured  by  any  mortgage  or  lien  upon  real  or  personal  property, 
situate  or  being  in  this  territory,  or,  if  originally  so  secured,  such  security 
has,  without  any  act  of  the  plaintiff  or  of  the  person,  to  whom  the  security 
was  given,  become  valueless.  2d.  In  an  action  upon  a  judgment  or  upon  a 
contract,  express  or  implied,  against  a  defendant  not  residing  in  this  terri- 
tory. 3d.  In  an  action  upon  judgment  or  upon  a  contract,  express  or  im- 
plied, against  any  person,  who  : 

(rt)  Stands  in  defiance  of  an  officer,  or  conceals  himself  so,  that  jjrocess 
cannot  be  served  upon  him,  or 

(&)  has  [assigned,  disposed  of  or  concealed,  or  is  about  to  assign,  dispose  of 
or  conceal  any  of  his  property  with  intent  to  defraud  his  creditors,  or 

(c)  has  departed,  or  is  about  to  depart  from  the  territory  to  the  injury  of 
his  creditors,  or 

[Utah  3.] 


UTAH   TERRITORY.  777 

{d)  Fraudulently  contracted  the  debt  or  incurred  the  obligation  respecting 
which  the  action  is  brought. 

The  clerk  issues  the  writ  ujion  the  receipt  of  an  affidavit  made  by  or  on 
behalf  of  the  plaintili',  with  sufficient  securities  in  a  sum  not  less  than 
§200. 

Banks  and  Bankers. — Xo  special  law  in  reference  to  banks  and  bankers, 
are  governed  by  the  general  law  solely. 

Bills  of  Exchange  and  Promissory  Notes. — {See  Notes  and  Bills.) 

Chattel  Mortgages. — Must  be  recorded,  acknowledged  and  an  affidavit  of 
both,  motgagor  and  mortgagee  or  their  agents  attached,  stating,  tliat  the 
same  is  made  m  good  faith  and  that  it  is  not  intended  to  hinder  or  delay  the 
creditors  of  the  mortgagor.  Possession  of  property  must  be  taken  by  mort- 
gagee to  be  valid  against  third  parties,  or  a  clause  inserted  in  the  mortgage, 
that  the  mortgagor  may  retain  possession  of  property. 

It  is  a  crime  for  mortgagor  to  sell  mortgaged  chattels  and  may  be  pun- 
ished for  doing  so,  without  written  consent  of  mortgagee,  etc. 

If  acknowledged,  etc.  and  filed,  as  above  provided,  is  good  and  valid 
as  against  all  persons,  from  the  time  of  filing,  "until  the  maturity  of  the 
entire  debt  or  obligation  for  the  security  of  w  hicli  the  same  was  given,  and 
for  a  period  of  ninety  days  thereafter ;  provided,  the  entire  time  shall  not 
exceed  one  year." 

Personal  property  mortgaged  may  be  taken  on  attachment,  if  any  legal 
cause  for  attachment  exist,  or  on  execution,  but  before  the  property  is  so 
taken,  the  officer  must  pay  or  tender  the  mortgagee  the  amount  of  the  mort- 
gage debt  and  interest,  where  payable,  if  payable  in  the  territory.  If  no 
place  of  payment  is  specified,  or  if  payable  without  the  territoiy,  then  he 
must  deposit  the  amount  with  the  county  treasurer  of  any  county,  where  the 
mortgage  is  recorded,  payable  to  the  mortgagee  or  his  order. 

Section  l-i.  "Nothing  herein  contained  shall  authorize  any  person  to 
mortgage  any  part  or  portion  of  such  person's  personal  property,  as  may  be 
by  law  exemi)t  from  seizure  and  sale  under  execution,  except  as  security  for 
the  purchase  money  therefor. ' ' 

Claims  against  Estates  of  Deceased  Persons. — Every  executor  or  ad- 
ministrator must  immediately  after  his  appointment  publish  a  notice  to  the 
creditors  of  the  deceased,  requiring  them  to  exhibit  their  claims  with  the 
vouchers  thereof,  within  ten  months,  (four  months  when  the  estate  does  not 
exceed  in  value  the  sum  of  two  thousand  dollars),  to  the  executor  or  ad- 
ministrator, at  a  place  to  be  specified  in  the  notice. 

If  a  claim  be  not  presented  within  the  time  limited  in  the  notice  it  shall 
be  forever  barred.  In  casesin  which  the  claimant  shall  have  had  no  notice  by 
reason  of  his  being  out  of  the  Territory,  hisclaim  maybe  presented  atanytime 
before  a  decree  of  distribution  is  entered  in  the  probate  court. 

Every  claim  presented  shall  be  supported  by  the  affidavit  of  the  claimant 
that  the  amount  is  justly  due,  and  that  no  payments  have  been  made  thereon, 
and  that  there  are  no  off-sets  to  the  same  to  the  knowledge  of  affiant.  The 
affidavit  may  be  made  by  a  person  other  than  the  claimant,  but  in  such  case 
it  must  set  forth  the  reasons  why  it  is  not  made  by  the  claimant.  The  ad- 
ministrator may  require  satisfactory  vouchers  or  proof  in  support  of  the 
claim.  The  amount  of  interest  must  be  computed  and  included  in  the  state- 
ment of  the  claim,  and  the  rate  of  interest  determined.  If  the  claim  shall 
be  allowed  by  the  administrator,  he  must  present  it  to  the  probate  judge, 
who  may  then  allow  or  reject  the  claim.  If  a  claim  is  rejected,  suit  must  be 
brought  against  the  administrator  within  three  months,  if  then  due,  or  in 
two  months  after  it  becomes  due.  No  action  can  be  maintained  on  any  claim 
against  an  estate  unless  the  claim  has  been  presented  to  the  administrator 
[Utah  4.] 


778  UTAH  TERRITORY. 

for  allowance,  except  to  enforce  a  mortgage  or  lien,  expressly  waiving  all  re- 
course against  other  propertj'.  Of  a  claim  not  due  when  presented,  or  con- 
tingent, tlie  particulars  must  be  stateil. 

Claims  are  payable  in  the  following  order :  1st.  Charges  of  last  sickness- 
and  funeral ;  2nd.  Allowances  made  by  probate  court  for  maintenance  of 
widow  or  minor  children;  3rd.  Other  claims  against  the  estate;  4th.  Lega- 
cies and  distribution  to  heirs.  If  there  are  not  sufficient  assets  to  pay  all  the 
debts  of  any  one  class,  there  shall  be  a  pro  rata  'dividend  declared  by  the 
court  among  the  claimants  of  that  class. — {See  Proof  of  Claims.) 

If  the  decedent  leaves  a  husband  or  wife,  and  only  one  child,  or  the  issue 
of  one  child,  the  estate,  except  as  pi'ovided  above,  passes  in  equal  shares  tO' 
the  surviving  husband  or  wife,  and  child,  or  issue  of  such  child.  If  there 
are  more  than  one  child  living,  or  one  child  and  the  issue  of  a  deceased  child 
or  children,  one-third  to  the  surviving  husband  or  wife,  and  the  remainder 
in  ecpial  shares  to  his  children,  and  to  the  issue  of  any  deceased  child,  by 
right  of  representation.  If  there  is  nochildlivingat  his  death,  the  remainder 
goes  to  all  his  lineal  descendants  ;  and  if  they  are  in  the  same  degree  of 
kindred  to  the  decedent  they  share  equally,  otherwise  they  take  by  right  of 
representation.  If  the  decedent  leaves  no  husband  or  wife,  but  leave  issue, 
all  the  estate  goes  to  such  issue,  and  the  issue  of  a  deceased  child  takes  by 
right  of  representation. 

If  the  decedent  be  a  widow  or  widower  and  leave  no  kindred,  and  any  por- 
tion of  the  estate  was  common  property  of  such  decedent  and  his  or  her  de- 
ceased spouse,  such  common  property  shall  go  to  the  father  of  such  deceased 
spouse,  or  if  he  be  dead,  to  the  mother,  or,  if  both  be  dead,  to  the  brothers 
and  sisters  of  such  deceased  spouse,  in  equal  shares,  and  to  the  lawful  issue 
of  any  of  deceased  brother  or  sister  of  such  spouse,  by  right  of  represent- 
ation. 

Corporations. — The  legislative  assembly  cannot  grant  private  charters,, 
but  may  by  general  incorporation  laws  permit  persons  to  fonn  bodies  corpor- 
ate for  mining,  manufacturing,  and  other  industrial  pursuits,  for  the  con- 
struction and  operation  of  railroads,  wagon  roads,  and  irrigating  ditches, 
and  the  colonization  and  improvement  of  lands  in  connection  therewith  ;  or 
for  colleges,  seminaries,  churches,  libraries,  or  any  benevolent,  charitable, 
or  scientific  association.  The  real  property  that  may  be  held  by  any  charit- 
able or  religious  corporation  is  limited  to  fifty  thousand  dollars  in  value. 
Any  number  of  persons  not  less  than  five,  one  third  of  whom  must  be  resi- 
dents of  the  territory,  may  become  a  body  corporate  for  any  of  the  above 
enumerated  purposes  except  that  of  constructing  and  operating  a  railroad. 
To  organize  a  railroad  corporation,  there  must  be  ten  incorporators,  two- 
thirds  of  whom  must  reside  in  the  territory.  In  their  preliminary  agreement 
or  articles  of  incorporatiau  the  incorporators  may  provide  against  individual 
liability. 

Foreign,  Corjtoratiorts  are  required  to  file  in  the  office  of  secretary  of  the 
Territoiy  a  copy  of  their  articles  of  incorporation,  and  furnish  the  name  of 
some  person  to  said  secretary  as  agent  upon  whom  papers  may  be  served, 
when  sued  ;  all  insurance  companies  are  also  required  to  make  a  full  state- 
ment each  six  months  to  the  secretary  of  the  business  of  the  company,  and 
its  financial  condition. 

Costs.  Security  for — All  non-residents  who  bring  actions,  may  be  re- 
quired to  give  security,  on  being  served  with  notice  by  the  opposite  party 
demanding  such  security. 

Conveyances. — AH  conveyances  of  real  property,  deeds,  mortgages  and 
any  otlu-r  instrument  affecting  real  estate  must  be  acknowledged  and  wit- 
nessed by  one  or  more  witnesses  to  entitle  it  to  be  recorded.  Chattel  mort- 
gao-es  miist  be  executed  as  other  deeds  and  mortgages,  with  the  addition  of 
tlie  affidavit  of  mortgagor  and  mortgagee. 

[Utali  5.] 


UTAH  TERRITORY.  779 

Courts. — Justices*  Courts  have  jurisdiction  in  any  sum  less  than  $300. 

Probate  Courts  liave  jurisdiction  in  settlement  of  estates  and  guardianship, 
and  in  divorces,  by  special  act  of  congress. 

District  courts,  jurisdiction  unlimited ;  three  districts  in  territory;  three 
district  judges  appointed  by  the  president. 

Supreme  Court  composed  of  the  three  district  judges. 

Four  sessions  of  district  and  two  of  supreme  court  each  year. 

Appeals  from  justices'  to  district  courts,  and  from  district  to  supi'eme  court, 
in  all  cases,  and  from  supreme  ccmrt  of  the  territory  to  United  States  supreme 
court  in  all  cases  where  the  amount  in  controversy  exceed  $5,000,  exclusive 
of  costs. 

Court  Calendar. — 

SUPREME  COURT. 

Chief  Justice,  Charles  S.  Zane,  of  Illinois.  Associate  JuMices,  H.  1'.  Henderson, 
Michigan,  and  Jacob  S.  Boreman,  Utah.    Clerk,  Ezra  T.  Sprague. 

Terms  held  at  Salt  Lake  City  2d  Monday  in  January  and  1st  Monday  In  June  of 
each  year. 

DISTRICT  COURTS. 

First  District.  Terms  for  counties  of  Millard,  Sevier,  San  Pete,  Juab,  Wasatch,  Emery 
and  Unitah,are  heldatProvo  City,  Utah  County,  8d.  Monday  in  February  and  3Md  on- 
cay  in  September;  and  for  counties  of  Weber,  Box  Elder  Cache,  Rich  and  Morgan,  1st 
Monday  in  May  and  3d  Monday  in  November. 

Second  IHstrict,  comprising  the  counties  of  Garfield,  Kane,  Washington,  Piute  Iron, 
San  Juan  and  Beaver.  Terms  are  held  at  Beaver  City,  Beaver  County,  1st  Mondays  in 
March,  May,  Septemberand  December. 

TTiird  District,  comprising  the  counties  of  Salt  Lake,  Tooele,  Summit  and  Davis. 
Terms  are  held  in  the  City  and  County  of  Salt  Lake,  as  follows  :  On  the  first  Monday 
in  February,  2d  Monday  in  April,  4th  Thursday  in  Suptembcr,  and  2d  Monday  in  De- 
cember. 

PROBATE  COURTS 

In  each  organized  county  there  is  a  Probate  Court,  consisting  of  a  probate  judge 
and  clerk.  Tliese  courts  are  always  in  session,  but  have  four  regular  stated  terms, 
commencing  on  the  2d  Mondays  of  March ,  J  une,  September  and  December  of  each  year. 

Curtesy. — Xo  curtesy  in  Utah. 

Deeds. — (See  Conveyances  and  acknowledgments.) 

Descent  and  Distribution. — Sec.  1st,  Succession  is  the  coming  in  of 
another  to  take  the  property  of  one  who  dies  without  disposing  of  it  by  will. 

Sec. — 2nd  and  3rd.  Real  and  personal  property,  where  no  will  passes 
to  the  heirs,  subject  to  tlie  control  of  tlie  probate  court,  and  the  possession 
of  any  administrator,  for  the  purpose  of  administration,  and  shall  be  dis- 
tributed subject  to  the  payment  of  debts,  in  the  following  maimer;  1st.  If 
decedent  leaves  a  surviving  husband  or  wife,  and  only  one  cliikl,  or  the  isstie 
•of  one  child  in  ecftial  shares  to  the  surviving  husband,  or  wife  and  cliild  or 
issue  of  such  child.  If  decedent  leaves  surviving  husband  orwife  and  more 
than  one  child,  or  one  child  and  the  issue  of  one  or  more  deceased  children, 
one-third  to  the  husband  or  wife,  and  tlic  remainder  in  equal  shares  to  the 
children,  and  to  the  issue  of  any  grandchild,  by  right  of  representation  ;  but 
if  there  be  no  cliild  living  at  deatli,  tlie  remainder  goes  to  all  of  his  lineal 
descendants,  and  if  all  of  the  descendants  areinthe  same  degree  of  kindred, 
to  the  decedent,  they  share  equally,  otherwise  they  take  according  to  the 
right  of  representation  ;  2nd.  If  the  decedent  leaves  no  issue  the  estate  goes 
one-half  to  the  surviving  husband  or  wife,  and  the  other  to  the  decedent's 
father  and  mother  in  equal  shares,  and  if  either  be  dead,  the  whole  of  said  half 
goes  to  the  other.  If  neither  father  or  motlier,  then  one-half  to  the  brothers 
and  sisters,  and  children  of  any  deceased  brother  or  sister  by  right  of  repre- 
sentation ;  3rd.  If  there  be  neither  issue,  husband,  wife,  father  or  mother 

[Utah  6.] 


780  UTAH   TERRITORY. 

then  in  equal  shares  to  the  brothers  and  sisters  of  the  deceased,  and  to  the 
children  of  any  deceased  brother  or  sister  by  right  of  representation  ;  4tli. 
If  the  decedent  leaves  a  surviving  husband  or  wife,  and  neither  issue,  father, 
mother,  brother  nor  sister,  the  whole  estate  goes  to  the  surviving  husband  or 
wife;  5th.  If  the  decedent  leaves  neither  issue,  husband,  wife,  father,  moth- 
er, brother,  nor  sister,  the  estate  must  go  to  the  next  of  kin,  in  equal  degree, 
excepting  when  there  are  two  or  more  collateral  kindred,  in  equal  degree, 
claiming  through  diflferent  ancestors,  those  who  claimed  through  the  nearest 
ancestors  must  be  preferred  to  those  claiming  through  an  ancestor  more  re- 
mote ;  6th.  If  the  deceased  leaves  several  children,  or  one  child,  and  the  issue 
of  one  or  more  children,  and  any  such  surviving  child  dies  under  age,  and  not 
having  been  married,  all  the  estate  that  came  to  the  deceased  child,  by  inheri- 
tance from  such  decedence,  decends  in  equal  shares  to  the  other  children  of 
the  same  parent,  and  to  the  issue  of  any  such  other  children  who  are  dead 
by  right  of  representation;  7th.  If,  after  the  death  of  such  child,  who  dies 
under  age,  not  having  been  married,  all  the  other  children  of  his  parents  are 
also  dead,  and  any  of  them  have  left  issue,  the  estate  that  came  to  such  child 
by  inheritance  from  his  parents,  decends  to  the  issue  of  all  other  children  of 
the  same  parent,  and  if  all  the  issue  are  in  the  same  degree  of  kindred  to  the 
child,  they  share  the  estate  equally,  otherwise  they  take  according  to  the 
right  of  representation ;  8th.  If  the  decedent  be  a  widow  or  widower,  and 
have  no  kindred,  and  the  estate  or  any  portion  thereof  was  common  property 
of  such  decedent  and  his  or  her  deceased  spouse,  while  such  a  spouse  was 
living,  such  common  property  shall  goto  the  father  of  such  deceased  sijouse, 
or  if  he  be  dead  to  the  mother.  If  there  be  no  father  nor  mother,  then  such 
property  shall  go  to  the  brothers  and  sisters  of  such  deceased  spouse,  in 
equal  shares,  and  to  the  lawful  issue  of  any  deceased  brother  or  sister  of  such 
deceased  spouse,  by  right  of  representation  ;  9th.  If  the  decedent  leaves  no 
husband,  wife,  or  kindred,  and  there  be  no  heirs  to  take  the  estate  or  any 
portion  thereof,  under  sub-division  8th  of  this  section,  the  same  shall  be 
disposed  of  in  the  manner  provided  in  section  23  of  this  title,  for  the  dispos- 
al of  the  estate  of  non-resident  foreigners. 

Sec.  22. — "Those  who  succeed  to  the  property  of  a  decedent  are  liable  for 
all  his  obligations  in  the  cases  and  to  the  extent  prescribed  by  the  "act"  re- 
lating to  procedures  of  probate  courts  in  the  settlement  of  estates." 

Sec.  4th. — Every  illegitimate  child  inherits  as  heir  of  his  mother.  (Prohib- 
ited by  act  of  congress,  Edmunds-Tucker-Hill  Bill,  from  inheriting  from 
father)  and  inherits  her  estate  in  whole  or  in  part  as  the  case  may  be,  in  the 
same  manner  as  if  born  in  lawful  wedlock.  The  issue  of  all  marriages  null 
inlaw,  or  dissolved  by  divorce  are  legitimate. 

Depositions. — The  testimony  of  witnesses  may  be  taken  within  the  terri- 
tory, by  deposition,  after  service  of  summons,  in  the  following  cases  ;  1st. 
When  the  witness  is  a  party  ;  2d.  "When  the  witness  resides  out  of  the  county 
in  which  his  testimony  is  to  be  used  ;  3d.  When  he  is  about  to  leave  the  county 
and  continue  absent  therefrom  when  the  testimony  is  required  ;  4th.  When 
the  witness  is  too  infirm  to  attend  trial,  or  resides  in  the  county,  but  more 
than  fifty  miles  from  the  place  of  trial.  Depositions  within  the  territory  may 
be  taken  before  any  judge  or  clerk  of  the  court,  or  any  justice  of  the  peace, 
or  notary,  on  serving  upon  the  adverse  party  previous  notice  of  time  and 
place  of  examination,  with  a  copy  of  an  affidavit  showing  a  proper  case  in 
which  to  take  depositions. 

The  testimony  of  a  witness  out  of  the  territory  may  be  taken  in  an  action, 
at  any  time  after  the  service  of  summons  or  appearance  of  the  defendant,  on 
a  commission  issued  from  the  court  under  seal,  vipon  an  order  of  the  judge  or 
court,  on  application  of  either  party,  on  five  days'  notice.  It  may  be  issued 
to  any  person  agreed  upon,  or  if  no  person  be  agreed  ujion,  to  any  judge  or 
justice  of  the  peace  selected  by  the  officer  granting  the  commission,  or  to  a 
commissioner  of  deeds,  etc.,  appointed  by  the  governor  of  Utah. 

Unless  the  parties  otherwise  agree,  the  deposition  must  be  taken  on  written 

[Utah  7.] 


UTAH   TERRITORY.  781 

interrogatories,  direct  and  cross,  to  be  settled  by  the  judj^e,  and  attached  to 
the  commission.  The  deposition  being  certified  by  the  officer  taking  the  same 
shall  be  sealed  in  an  envelope  directed  to  the  clerk  of  the  court  in  which  the 
action  is  pending,  or  other  person  designated,  and  forwarded  by  mail  or  other 
usual  channel  of  conveyance. 

In  practice,  however,  commissions  are  rarely  issued  in  Utah,  the  respective 
attorneys  signing  a  stipulation  in  lieu  thereof,  to  take  depositions  of  witnesses 
named,  on  written  interrogatories  and  cross-interrogatories,  before  some  no- 
tary or  other  officer,  and  waiving  notice,  commission,  and  objections  as  to 
form  of  questions,  such  stipulation  or  copy  being  sent  with  the  interrogato- 
ries, direct  and  cross. 

Instructions  and  Forms  for  taking  Depositions. — 1st.  If  the  time  and  place 
of  executing  the  commission  are  not  named  therein,  the  commissioner  will 
subposna  the  witness  to  appear  before  him  at  such  time  and  place  as  he  may 
appoint,  and  administer  the  oath  to  the  witness  ;  2d.  Either  the  commissioner, 
witness,  or  some  impartial  person,  must  reduce  the  answers  of  the  witness  to 
writing,  as  near  as  may  be  in  the  language  of  the  witness.  The  following 
foiins  may  issued  : — 

Deposition  of  witnesses  taken  in  a  caiise  pending  in  the ,  (here  name 

the  court  in  which  the  suit  is  pending),  wherein ,  is  plaintiff,  and  , 

defendant,  and  for  said  plaintift",  (or  defendant  as  the  case  may  be),  in  pur- 
suance of  the  notice  (or  commission  or  stipulation)  hereto  attached.  (Here 
state  which  of  the  parties  was  present.) 

"A.  B.  of  the  county  of ,  of  lawful  age,  being  first  duly  sworn  (or 

affirmed)  by  me  as  hereinafter  certified,  deposes  and  says. 

1st.  To  the  first  interrogatory  he  says. 
2d.  To  the  second  interrogatory  he  says. 
1st.  To  the  first  cross-interrogatory  he  says. 

When  the  deposition  is  finished  it  must  be  subscribed  by  the  witness.  If 
more  than  one  witness  is  to  be  examined,  the  next  deposition  may  be  com- 
menced immediately  below  the  preceding,  as  follows : — 

"Also  C.  D.  of ,  of  lawful  age,  being"  etc.,  (same  as  in  first  depo- 

.sition.) 

At  the  end  of  the  whole,  the  certificate  of  the  officer  must  be  aimexed, 
and  may  be  as  follows  : — 

State  of  ,  > 

County  of  .      5     ' 

I,  A.  B.,  (name  the  official  character  of  the  officer),  the  commissioner 
named  in  said  commission,  (notice,  or  stipulation,)  do  hereby  certify  that  the 
above-named,  (name  all  the  witnesses)  appeared  before  me,  and  were  by  me 
first  duly  and  severally  sworn  (or  affirmed)  to  testify  the  tnith,  the  whole 
truth,  and  nothing  but  the  truth,  in  the  above  entitled  cause,  their  evidence 
was  then  taken  down,  and  to  each  witness  his  evidence  was  carefully  read 
over,  and  the  same  was  corrected  by  him,  after  which  he  subscribed  the  same 

in  my  presence,  on  the day  of ,  18 — ,  at  my  office  in  the  town  of 

county  of ,  and  state  of  .     Said  depositions  were  taken  at  the  time 

and  place  mentioned  in  the  annexed  commission  (or  notice,  or  stipulation ;  or 
say,  and  were  commenced  at  the  time  and  place  in  the  annexed  notice,  or 
commission,  or  stipulation)  specified,  and  continued  by  adjournment  from 
day  to  day,  at  the  same  place  and  between  the  same  hours  as  in  the  said  no- 
tice (or  commission)  specified,  and  for  the  reason  above  stated.  In  testimony 
whereof,  I  have  hereunto  set  my  hand  (if  the  officer  have  a  seal  add)  [andoffi- 

1  Utah  8.] 


782  UTAH   TERRITORY. 

cial  seal]  this day  of ,  A.  D.  18 — .     (Sign,  stating  official  character. 

and  add  "commissioner  to  take  said  depositions,''  if  they  be  taken  on  a  com- 
mission.) 

The  commissioner  will  attach  together  and  fold  the  commission,  interroga- 
tories, answers,  and  any  document  deposed  to  by  the  witness,  in  a  packet, 
and  seal  the  same. 

The  sealed  package  containing  the  deposition  should  be  addressed  to  "the 

clerk  of  the ,  (naming  the  court  in  which  suit  is  pending),  at  ." 

Across  the  seals  write  "Depositions  in  the  case  of  A.  B.  vs.  C.  D.,  taken, 
sealed  up,  addressed,  and  transmitted  by  me."  (Sign  with  official  character.) 

If  the  suit  is  pending  before  a  justice,  the  address  should  be  "  To ,  ius- 

tice  of  the  peace,  within  and  for precinct, county  of ,  Utah." 

Divorce. — A  bona  fide  residence  of  a  year  is  required  within  a  county 
within  the  jurisdiction  of  the  covirt.  Divorces  are  granted  for  the  following 
causes :  Impotency,  adultery,  wilful  desertion  for  more  than  a  year,  wilful 
neglect  to  provide  for  wife  the  common  necessaries  of  life,  habitual  drunken- 
ness, conviction  for  a  felony,  extreme  cruelty.  No  decree  in  divorce  shall  be 
granted  upon  default  or  otherwise,  except  upon  legal  testimony  taken  in  the 
cause.  The  guilty  party  forfeits  all  rights  acquired  by  marriage.  Alimony 
and  an  allowance  for  maintenance  of  children  may  be  awarded  in  all  cases. 
Children  ten  years  of  age  may  select  the  parent  to  which  they  will  attach 
themselves.  All  orders  made  by  the  court  respecting  the  distribution  of  the 
property  and  control  of  the  children  are  subject  to  modification  at  any  time 
by  the  court.     As  to  jurisdiction,  see  Court  Calendar  for  Utalb  Territory. 

Dower,  Etc. — A  widow  shall  be  endowed  of  the  third  part  of  all  the  lands 
whereof  her  husband  was  seized  of  an  estate  of  inheritance  at  any  time 
during  the  marriage,  unless  she  shall  have  lawfully  released  her  right  there- 
to. 

In  case  of  divorce  dissolving  the  marriage  contract  for  the  misconduct  of 
the  wife,  she  shall  not  be  endowed. 

Evidence. — All  persons  may  be  witnesses  in  civil  cases,  except :  1st.  "Where 
the  other  party  to  the  transaction,  or  opposite  party  in  the  action,  or  the 
party  for  whose  immediate  benefit  the  action  is  prosecuted  or  defended,  is  the 
representative  of  a  deceased  person,  when  the  facts  to  be  proved  transpired 
before  the  death  of  such  deceased  person;  2nd.  Husband  and  wife,  either  for 
or  against  the  other,  except  in  an  action  brought  by  one  against  the  other, 
or  by  their  consent,  or  in  criminal  action  for  a  crime  committed  by  one  against 
the  other ;  3rd.  Attorneys,  physicians,  clergymen,  and  priests,  as  to  confi- 
dential communications,  without  consent  of  the  client,  communicant,  or 
patient  respectively,  and  public  officers  as  to  official  communications,  when 
the  public  interest  would  suff"er  from  such  disclosure.  Laws  relating  to  the 
attestation  of  any  instrument  requiring  attestation  are  not  affected  by  the 
preceding  sections. 

And  except  those  of  unsound  mind,  and  children  under  ten  years  of  age, 
who  appear  incapable  of  receiving  just  impressions  of  the  facts  respecting 
which  they  are  examined,  or  of  relating  them  truly. 

A  judical  record  of  a  foreign  country  (i.  e.  'outside  United  States)  may  be 
proved  by  a  copy  thereof,  certified  by  the  clerk,  with  the  seal  of  the  court 
annexed,  if  there  be  a  clerk  and  seal,  or  by  the  keeper  of  the  record  with  the 
seal  of  his  office  annexed,  if  there  be  a  seal,  to  be  a  true  copy  of  such  record 
together  with  a  certificate  of  a  judge  of  the  court  that  the  person  making 
the  certificate  is  the  clerk  of  the  court,  or  the  legal  keeper  of  the  record,  and 
in  either  case  that  the  signature  is  genuine  and  the  certificate  in  due  form, 
and  also  with  the  certificate  of  the  minister  or  ambassador  of  the  United 
States,  or  a  consul  of  the  United  States  in  such  foreign  country,  that  there  is 
such  a  court,  specifying  generally  the  nature  of  its  jurisdiction,  and  verifying 
the  signatures  of  the  judge  and  clerk,  or  other  legal  keeper  of  the  record. 

[Utah  9.] 


UTAH  TERRITORY.  783 

A  copy  of  a  judicial  record  of  a  ft)rcigu  country  is  also  admissible  in  evi- 
dence upon  proof,  first,  that  the  copy  offered  has  been  compared  witli  the 
original  by  the  witness,  and  is  an  exact  transcript  of  the  whole  of  it ;  second, 
that  such  original  was  in  the  custody  of  the  clerk  of  the  court,  or  other  legal 
keeper  of  the  same  ;  and  third,  that  the  copy  is  duly  attested  by  a  seal  whfch 
is  proved  to  be  the  seal  of  the  court  where  the  record  remains,  if  it  be  the 
record  of  a  court,  or,  if  there  be  no  such  seal,  or  if  it  be  not  a  record  of  a 
<50urt,  by  the  signature  of  the  legal  keeper  of  the  original.  The  proof  men- 
tioned in  this  section  can  only  be  by  the  witness  in  open  court,  or  by  a  deposi- 
tion duly  taken  in  the  action. 

Executions. — May  issue  any  time  within  five  years.  Real  property  sold 
under  execution  may  be  I'edeemed  within  six  nlonths  after  sale  and  payment 
of  the  amount  for  which  sold,  and  six  percent,  thereon,  and  all  charges. 

Exemptions. — There  is  a  homestead  to  the  head  of  the  family,  of  $1,000, 
and  the  further  sum  of  $500  for  his  wife  and  $250  additional  for  each  other 
member  of  the  family,  chairs,  tables,  desks  and  books  to  the  amount  of  $200, 
necessary  household  and  kitchen  furniture  to  the  value  of  $300,  one  sewing 
machine,  hanging  pictures,  oil  paintings  and  drawings  drawn  or  painted  by 
any  niembor  of  the  family,  and  portraits  and  their  necessary  frames,  pro- 
visions actually  j)rovided  for  individual  or  family,  use,  sufficient  for  three 
months  ;  two  cows  with  their  sucking  calves,  and  two  hogs  and  suckingpigs. 
The  farming  utensils  or  implements  of  husbaiidry  of  a  farmer,  not  exceed- 
ing the  value  of  $300,  also  two  oxen,  or  two  horses,  or  two  mules  and  their 
harness,  one  cart  or  wagon  and  food  for  such  oxen,  horses,  cows  or  mules  for 
sixty  days,  also  all  seed  grain  for  the  purpose  of  planting  and  on  hand  any 
time  within  six  months,  not  exceeding  $200. 

The  tools,  tool  chest  and  implements  of  a  mechanic  or  artisan,  necessary 
to  carry  on  his  trade,  not  exceeding  $500  in  value,  the  instruments  and  chest 
of  surgeon,  physician,  surveyor  and  dentist,  necessary  to  the  exercise  oftlieir 
profession,  with  their  libraries ;  professional  libraries  and  office  furniture  of 
an  attorney  and  the  libraries  of  ministers  of  the  gospel. 

The  cabin  or  dwelling  of  a  miner  to  the  value  of  $500,  also  his  sluices, 
pipes,  hose,  windlass,  derrick,  cars,  pumps  and  tools  to  the  value  of  $200. 
Two  oxen,  two  horses,  or  two  mules  and  their  harness,  and  a  cart  or  wagon, 
one  dray  or  truck  by  the  use  of  which  a  cartman,  teamster  or  other  laborer 
habitually  earns  his  living,  and  one  horse  with  vehicle  and  harness  or  other 
equipments,  used  by  a  physician,  surgeon  or  minister  of  the  gos^^el  in  mak- 
ing his  professional  visits,  with  hay  and  grain  for  said  horse  for  three  months. 
One-half  the  earnings  for  personal  services  rendered  any  time  within  GO  days 
next  preceding  levy,  when  it  appears  that  such  earnings  are  necessary  for  the 
use  of  his  family,  if  living  in  the  territory  and  supported  wholly  or  in  part 
by  his  labor. 

All  interest  in  life  insurance,  on  the  life  of  the  debtor,  if  annual  premiums 
do  not  exceed  $500. 

Factors. — No  law  on  the  subject. 

False  Pretense. — Sec.  312.  Every  person  who  knowingly  and  designedly, 
by  false  or  fraudulent  representations  or  pretenses,  defrauds  any  other  person 
of  money  or  property  is  punishable  by  imprisonment  in  the  county  jail,  not 
exceeding  one  year,  and  by  fine  not  exceeding  three  times  the  value  of  the 
money  or  property  so  obtained. 

Frauds,  Statutes  of. — No  estate, — except  lease  for  not  exceeding  one 
year — in  real  estate  nor  any  trust  or  i)ower  over  or  concerning  lands,  can 
T)e  created,  granted,  surrendered  or  disclosed,  unless  by  act  or  operation  of 
law,  or  by  deed  or  conveyance  in  writing,  subscribed  by  the  party  or  his  law- 
ful agent.  Every  conveyance  of  or  interest  in  lands,  or  the  rents  or  profits 
[Utah  10.] 


V84  UTAH   TERRITORY. 

thereof  made  with  iutent  to  defraud  jirior  or  subsequent  thereof,  for  a  valu- 
able consideration,  shall  be  void  as  against  such  purchasers. 

All  deeds  of  gift,  conveyances  or  transfers,  verbal  or  written,  of  goods, 
chattels  or  things  in  action,  made  in  trust  for  the  use  of  the  person  making 
the  same,  shall  be  void  as  against  the  creditors  existing  or  subsequent  of  such 
person. 

Every  agreement  in  the  following  cases  shall  be  void,  unless  such  agree- 
ment, or  some  note  or  memorandum  thereof  be  in  writing,  signed  by  the 
party  to  be  charged,  and  expressing  the  consideration. 
Every  agreement  that  by  its  terms  is  not  to  be  preferred  within  one  year. 
Every  promise  to  answer  for  the  debt,  default,  or  miscarriage  of  another. 
Every  agreement,    promise,  or  undertaking,  made  upon  consideration  of 
marriage,  except  mutual  promise  to  marry. 

Every  contract  for  the  sale  of  goods,  chattels,  or  things  in  action ;  unless 
the  buyer  shall  accept  or  receive  part  of  such  goods,  or  the  evidences,  or 
some  of  them,  of  such  things  in  action ;  or  unless  the  buyer  shall,  at  the  time 
pay  some  part  of  the  pvirchase  money. 

Every  sale  or  assignment  of  goods  or  chattels  in  vendor's  possession  or  un- 
der his  control,  unless  accompanied  by  a  delivery  within  a  reasonable  time,  and 
followed  by  actual  and  continued  change  of  possession,  shall  be  conclusive  evi- 
dence of  fraud,  as  against  creditors  and  subsequent  purchasers  in  good  faith. 
The  word  "creditors"  includes  all  who  shall  be  creditors  of  the  vendor  or  as- 
signor at  any  time  while  such  property  shall  remain  in  his  possession  or  un- 
der his  control. 

Every  conveyance  or  assignment,  or  otherwise,  of  any  estate  or  interest  in 
lands,  or  in  goods  or  things  in  action,  or  of  rents  or  profits,  or  issuing  there- 
from, made  with  iutent  to  delay,  hinder,  or  defraud  creditors,  or  other  pei- 
sons  of  their  lawful  suits,  damages,  forfeitures,  debts  or  demands,  and  every 
bond,  or  other  evidence  of  debt  given,  suits  commenced,  decree  or  judgment 
suflered,  with  the  like  intent,  as  against  the  person  hindered,  delayed,  or  de- 
frauded, shall  be  void.  Every  conveyance,  charge,  instrument  or  proceeding 
declared  to  be  void  by  the  provisions  of  this  act  as  against  creditors  and  pur- 
chasers, shall  be  equally  void  as  against  the  heirs,  successors,  personal  repre- 
sentatives and  assigns  of  such  creditors  or  purchasers.  Every  instrument 
required  by  the  provisions  of  this  act,  to  be  subscribed  by  any  party,  may  be 
subscribed  by  the  lawful  agent  of  svich  party. 

Garnishment. — All  property  of  every  kind  or  description  may  be  taken  or 
garnished  by  serving  the  person  with  a  copy  of  the  writ  of  attachment  or 
execution,  with  a  notice  that  all  property,  'money  belonging  to  or  debts 
due  from  such  person  or  corporation,  inuring  to  the  defendant  are  attached  by 
virtue  of  said  writ. 

Grace. — No  days  of  grace  in  this  territory. 

Homestead. — {See  Exemptions.) 

Insolvent  Laws.— None. 

Interest. — Statutory  rate,  ten  per  cent.  No  usui-y  law  ;  any  rate  agreed 
upon,  legal. 

Justices  of  the  Peace. — {l^se  Co^irts.) — For  jurisdiction  can  take  acknowl- 
edgments of  all  deeds  and  other  instruments  in  their  counties. 

•  Judgments. — In  district  court,  lien  on  all  real  property  in  county  where  ren- 
dered, from  time  of  dobketing,  and  so  continues  for  five  years.  Lien  may  be 
extended  to  other  counties  by  filing  transcript  with  county  recorder  of  such 
counties.  By  filing  transcript  of  judgment  of  justices'  court  in  clerk's  office 
of  district  court,  same  becomes  a  lien  on  real  estate  from  date  of  filing. 

[Utah  11.] 


X'TAH   TERRITORY.  785 

Landlord  and  Tenant.  —No  special  laws  on  the  subject. 

Leases.— Leases  lor  a  longer  time  than  one  year,  must  be  oy  deed  duly 
signed  and  acknowledged  as  other  conveyances. 

Liens. — Judgments  of  district  court  from  time  of  docketing,  are  liens  on 
real  estate  in  the  district,  and  holds  good  for  five  years.  Justices'  judgment 
may  be  a  lien  by  filing  transcript  in  district  clerk's  office.  Mechanics  and 
others  upon  real  property  ;  every  person  performing  labor  upon  or  furnishing 
materials  to  be  used  in  the  construction,  alteration,  or  repair  of  any  mining 
claim,  building  wharf,  bridge,  ditch,  flume,  tmmel,  fence,  machinery,  rail- 
road, wagon  road,  aqueduct,  to  create  hydraulic  power,  or  any  other  struct- 
ure, or  who  perfomis  labor  in  any  mining  claim,  has  a  lien  upon  the  same  for 
such  labor,  etc.,  whether  done  or  furnished  at  the  instance  of  the  owner  or  his 
agent,  but  the  aggregate  amount  of  such  liens  must  not  exceed  the  amount 
which  the  owner  would  be  otherwise  liable  for. 

Any  sub-contractor,  material  man  or  other  persons  performing  labor  or 
furnishing  materials  for  a  contractor,  who  is  entitled  to  a  lien,  may  within 
five  days  after  commencing  to  perform  the  labor  or  funiish  the  material,  by 
giving  written  notice  to  the  owner  or  his  agent,  or  the  person  employing  the 
contractor,  of  the  amount  due  him,  etc,  may  have  a  lien  for  such  amount. 
And  any  person  furnishing  materials,  or  performing  labor  for  a  contractor, 
may  by  like  notice  to  the  contractor  be  subrogated  to  the  rights  of  such  sub- 
contractor. 

A  person  who  at  the  request  of  the  owner  of  any  lot  in  any  incorjjorated  city 
or  town,  grades  or  othei-wise  improves  the  same,  or  the  street  in  front  of  or 
adjoining  the  same,  has  a  lien  thereon. 

The  land  and  so  much  as  may  be  necessary  for  the  convenient  use,  is  sub- 
ject to  the  lien. 

These  liens  take  precedence  over  all  others  created  subsequent  to  the  com- 
mencement of  the  building  improvement  or  structure  was  commenced,  work 
done,  or  the  materials  were  commenced  to  be  furnished. 

Every  original  contractor,  within  sixty  days  after  the  completion  of  his 
contract,  and  every  person  save  the  original  contractor,  claiming  the  benefit 
of  this  chapter,  must  within  thirty  days  after  the  completion  of  any  build- 
ing, improvement,  stracturc,  or  the  completion  of  the  alteration  or  repairs 
thereof,  or  the  performance  of  any  labor  in  a  mining  claim,  file  for  record 
with  the  county  recorder  of  the  county  in  which  such  property  or  some  part 
thereof  is  situated,  a  claim  containing  a  statement  of  his  demand,  witli  the 
name  of  the  owner  or  reputed  owner  if  known,  the  name  of  the  person  by 
whom  he  was  employed,  or  to  whom  he  furnished  the  material,  with  a  state- 
ment of  the  terms,  time  given  and  conditions  of  his  contract,  and  a  discrip- 
tion  of  the  property  to  be  charged  with  the  lien,  and  which  must  be  verified 
by  the  oath  of  himself  or  some  other  person.  The  recorder  must  record  the 
claim.  The  lien  is  oidy  good  for  ninety  days  after  filing,  unless  proceedings 
are  commenced  within  that  time  to  enforce  same,  or  if  a  credit  be  given  with- 
in ninety  days  after  the  expiration  of  such  credit,  but  no  lien  continues  long- 
er than  two  years  from  the  time  work  is  completed. 

Limitations. — For  the  reccjvery  of  real  estate,  seven  years.  An  action 
u])on  a  judgment  or  a  decree  of  any  court  of  the  United  States  or  any  state 
or  territory  within  the  United  States  five  years,  also  an  action  for  the  mesne 
profits  of  real  property. 

An  action  upon  any  contract,  obligation  or  liability  founded  upon  an  in- 
strument of  writing  otlier  than  those  above  mentioned,  four  ycdrs. 

An  action  for  a  liability  created  by  statute,  other  than  a  penalty  or  for- 
feiture, for  trespass  upon  real  property,  an  action  for  taking,  detaining,  or  . 
injuring  any  goods  or  chattels,  including  actions  for  the  specific  recovery  of 
personal  property,  an  action  for  relief  on  the  ground  of  fraud  or  mistake, 
the  cause  of  action  in  such  case  not  to  be  deemed  to  have  accrued  until  the 
discovery  of  the  facts  constituting  the  fraud  or  mistake,  Avithin  t/iree  years. 
[Utah  12.1 


786  UTAH   TEEEITORY. 

Within  two  year's. — 1st.  Au  action  upon  a  contract,  obligation  or  liability, 
not  founded  upon  an  instrument  of  writing,  also  upon  an  open  account  for 
goods,  wares  and  merchandise  and  for  any  article  charged  in  a  store  account ; 
promded,  that  action  in  such  case  may  be  commenced  at  any  time  within  two 
years  after  the  last  charge  is  made  or  the  last  payment  is  received  ;  2nd.  Au 
action  against  a  marshal,  sheriff,  coroner  or  constable  for  the  doing,  or 
neo-lecting  to  do,  an  act  in  his  official  capacity  and  in  virtue  of  his  ofiice.  Said 
action  may  be  commenced  within  two  years  after  the  expiration  of  the  term 
of  office.    Bvit  this  shall  not  apply  to  au  action  for  an  escape. 

WitJiin  one  year. — An  action  upon  a  statute  for  a  penalty  or  forfeiture  ;  an 
action  upon  a  statute,  or  undertaking  for  forfeiture  to  the  people,  for  libel, 
slander,  assault,  battery,  false  imprisonment  or  seduction  ;  an  action  against 
an  officer  for  escape  of  prisoner;  an  action  against  a  municipal  corporation 
for  injuries  caused  to  property  by  a  mob  or  riot. 

Within  six  ononths. — An  action  against  an  officer  or  officers  de  facto,  to  re- 
cover any  goods,  etc.,  or  other  property  seized  by  any  such  officer  in  his  official 
capacity,  as  tax  collector,  or  to  recover  the  price  or  value  of  any  goods,  etc,, 
or  other  personal  property  so  seized  or  for  damages  for  the  seizure,  detention 
or  sale  of,  or  injury  to  any  goods,  etc.,  or  other  personal  property  seized,  or 
for  damages  done  to  any  person  or  property  in  making  any  such  seizure. 
For  money  i^aid  to  any  such  officer,  luider  protest  or  seized  by  such  officer  in 
his  official  capacity,  as  a  tax  collector,  and  which  it  is  claimed  ought  to  be 
refunded. 

An  action  brought  to  recover  upon  a  mutual,  open  and  current  account, 
where  there  have  been  reciprocal  demands  between  parties,  the  cause  of  ac- 
tion shall  be  deemed  to  have  accrued/rom  the  time  of  the  last  item  proved  In 
the  account  on  either  side. 

An  action  for  relief  not  hereinbefore  provided  for,  must  be  commenced 
within  four  years  after  cause  of  action  shall  have  accrued. 

To  actions  brought  to  recover  usury  or  other  property,  deposited  with  any 
bank,  banker,  trust  company  or  savings  or  loan  society,  there  is  no  limitation. 

All  acknowledgments  to  revive  or  prevent  a  debt  being  barred  must  be  in 
writing,  signed  by  the  person  to  be  charged,  etc. 

Limited  Partnership. — Two  or  more  persons  may  form  for  mining,  mer- 
cantile, mechanical,  or  maiuifacturing  business.  Cannot  be  so  formed  for 
banking  or  effecting  insurance. 

The  partnership  may  consist  of  one  or  more  persons  who  shall  be  called 
general  partners,  and  shall  be  jointly  and  severally  responsible  as  general 
partners  now  are  by  law,  and  one  or  more  who  shall  contribute  in  actual  cash 
payments,  or  in  real  or  personal  property  a  specific  sum  as  capital  to  common 
stock,  who  shall  be  called  special  partners,  and  who  shall  not  be  liable  for  the 
debts  of  the  firm,  further  than  capital  put  in.  General  partners  only  shall  be 
authorized  to  transact  business,  and  sign  for  firm,  and  bind  same.  Such 
partnership  is  formed  by  the  signing  a  certificate,  which  must  contain  1st. 
The  name  of  the  firm  ;  2d.  The  general  nature  of  the  business  to  be  trans- 
acted ;  3d.  The  names  of  all  the  partners,  designating  which  are  general  and 
which  special,  with  their  respective  places  of  residence ;  4th.  The  amount  of 
capital,  in  money  or  in  property,  contributed  by  each  special  partner ;  and 
5th.  The  time  at  which  the  partnership  is  to  commence,  and  period  at  which 
it  shall  terminate.  The  certificate  must  be  acknowledged  by  the  members  of 
the  firm,  before  any  officer  authorized  to  take  acknowledgments  of  deeds,  and 
in  the  same  manner  as  conveyances  of  real  estate;  this  must  be  filed  and  re- 
corded in  the  county  where  the  principal  place  of  business  is  carried  on.  If  a 
place  of  business  is  in  more  than  one  county,  a  certified  copy  from  records 
where  first  recorded  must  be  recorded  in  each  county  where  business  is  car- 
ried on.  At  time  of  filing  for  record  the  original,  an  affidavit  of  at  least  one 
of  the  general  partners  shall  also  be  filed  stating  that  the  sums  specified  in 
the  certificate,  or  value  thereof  in  property,  have  been  contributed  and  act- 
ually paid  in  by  each  of  the  special  partners.    If  any  false  statements  are 

lUtah  13.  J 


UTAH   TERRITORY.  787 

made  in  the  certificate  or  affiilavit,  all  the  persons  interested  in  such  partner- 
ship shall  be  liable  as  general  partners. 

Married  Women. — Can  hold  separate  from  control  of  husband  all  prop- 
erty owned  at  time  of  marriage,  and  that  acquired  aftenvards.  by  purchase, 
gift,  bequest,  devise,  or  descent,  with  the  rents,  issues  and  profits  thereof,  are 
her  separate  property,  can  sue  aud  be  sued  without  joining  husband.  No 
dower  allowed  in  this  territory 

Mechanics'  Liens. — {See  Liens.) 

Minors. — The  father,  natural  guardian,  and  if  dead,  the  mother,  unless 
guardian  appointed  by  father  by  will,  and  in  the  absence  of  appointment  by 
father  or  mother,  both  being  dead,  probate  court  appoints. 

If  the  minor  has  property  devised  from  other  sources  than  a  parent,  the 
probate  court  has  the  right  to  appoint  and  may  appoint  father  or  mother,  if 
suitable  person,  or  may  appoint  any  other  suitable  person. 

If  the  minor  be  over  fourteen  years  of  age,  may  select  a  guardian  subject 
to  the  approval  of  the  probate  court. 

Males  arrive  at  the  age  of  maturity  at  twenty-one,  and  females  at  eighteen, 
but  all  minors  are  considered  of  age  when  married. 

A  minor  is  bound,  not  only  by  contracts  for  necessaries,  but  also  by  his 
other  contracts,  unless  he  disaffirms  them  within  a  reasonable  time  after  he 
attains  his  majority,  and  restores  to  the  other  party  all  money  or  property 
received  by  him,  by  virtue  of  said  contract,  and  remaining  within  his  con- 
trol at  any  time  after  attaining  his  majority.  No  contract  can  be  thus  dis- 
affirmed in  cases  where  an  account  of  the  minor's  own  misrepresentations  as 
to  his  majority,  or  from  his  having  engaged  in  business  as  adult,  the  other 
party  had  good  reason  to  believe  the  minor  capable  of  contracting.  When  a 
contract  for  personal  service  has  been  made  with  a  minor  alone,  and  those 
sei-vices  are  afterwards  performed,  payment  made  therefor  to  such  minor,  in 
accordance  with  the  terms  of  this  contract,  is  a  full  satisfaction  for  those  ser- 
vices, and  the  parent  or  guardian  cannot  recover  therefor  a  second  time. 

Mortgages  of  Real  Estate.— Must  be  made  and  acknowedged,  etc.,  as 
conveyances,  (wiiich  see)  only  considered  liens,  and  no  title  passes  until  fore- 
closed, and  as  sale  made  by  officer. 

Notes  or  Bills  of  Exchange. — Is  a  written  promise  or  request  to  pay  a  cer- 
tain sum  of  money  to  order  or  bearer,  must  be  made  payable  in  money  only, 
and  without  any  condition  not  certain  of  fulfillment.  Person  to  whose  order 
made  payable,  must  be  ascertainable  at  time  instrument  is  made.  May  give  to 
payee  an  option  between  the  payment  of  the  sum  specified  therein,  and  the 
performance  of  another  act,  but  as  to  the  latter,  the  instrument  is  not  within 
the  provisions  of  this  act ;  may  be  with  or  without  date,  and  with  or  without 
designation  of  time  or  place  of  payment ;  may  contain  a  pledge  of  collateral 
security  with  authority  to  dispose  thereof,  but  must  not  contain  any  other 
contract  than  such  as  is  specified  in  the  above  statement. 

There  are  six  classes  of  negotiable  instruments,  namely,  1st.  Bills  of  ex- 
change ;  2d.  Promissory  notes  ;  3d.  Banknotes;  4th.  Checks;  5th.  Bonds; 
6th.  Certificates  of  deposit. 

Oaths  and  Affidavits.— (<See  Affidavits. )— Parties  may  swear  or  affinn. 

Partnerships.— (6'e<3  Limited  Partner sJiip.) — No  other  law  on  subject. 

Proof  of  Claims. — If  not  founded  on  a  written  promise  to  pay,  claims  must 
be  proven  by  oral  testimony  in  open  court,  or  by  deposition  duly  taken  on  no- 
tice ;  except  that  in  courts  of  record,  if  the  defendant  makes  default,  judg- 
ment may  be  entered  as  a  matter  of  course,  without  testimony,  aud  as  if  con- 
fessed. (See  Claims  against  Estates  a7id  Practice.) 
[Utah  14.] 


788  UTAH   TERRITORY. 

Recording. — All  conveyances,  mortgages,  leases  for  a  longer  time  tlian  one 
year,  mechanics  audjaborer's  liens,  as  also  chattel  mortgages,  must  be  record- 
ed in  office  of  county  recorder. 

Redemption. — From  all  sales  of  real  property  made  by  officer  on  execution' 
or  order  of  sale  upon  foreclosure,  there  is  a  redemption,  by  the  defendant  or 
his  successor  in  interest,  within  six  months  ;  also  a  judgment  creditor^having 
a  lien,  or  a  mortgagor.  Either  of  the  above  parties  may  redeem  -within 
six  months,  by  paying  to  the  purchaser  or  officer  making  the  sale,  the  amount 
of  the  purchase,  with  six  per  cent,  thereon,  together  with  the  amount  of  any 
assessment  or  taxes  with  six  per  cent,  interest  thereon.  If  property  be  so 
redeemed,  another  redemptioner  may  redeem  within  sixty  days  and  so  on  by 
others. 

Replevin. — Personal  property  may  be  replevied  at  the  time  of  issuing  the 
summons,  or  at  any  time  before  answer,  upon  filing  requisite  affidavit  and 
undertaking  with  two  or  more  sureties  in  double  the  value  of  the  property. 

At  any  time  before  the  delivery  of  the  property  to  the  plantitf  the  defend- 
ant may  require  a  return  upon  giving  a  like  undertaking  in  double  the  value 
of  the  property,  with  like  sureties. 

The  sureties  need  not  be  the  owners  of  real  estate ;  they  may  be  house- 
holders only  ;  but  they  must  annex  to  or  file  with  the  undertaking  an  affidavit 
of  their  qualification  in  substance  the  same  as  with  an  undertaking  for  arrest. 
(See  Arrest.)  An  affidavit  must  be  made  by  the  plaintiff,  or  by  his  attorney 
or  by  some  other  person  on  plantift''s  behalf,  showing  :  1st.  That  the  plaintiff 
is  the  owner  of  the  property  claimed,  particularly  describing  it,  oris  lawfully 
entitled  to  the  possession  thereof;  2nd.  That  the  property  is  Avrongfully  de- 
tained by  the  defendant ;  3rd.  The  alleged  cause  of  the  detention  thereof 
according  to  his  best  knowledge,  information,  and  belief;  4th.  That  the 
same  has  not  been  taken  for  a  tax,  assessment,  or  fine,  pursuant  to  a  statute, 
or  seized  under  an  execution  or  an  attachment  against  the  property  of  the 
ijlaintiff,  or,  if  so  seized,  that  the  property  is  by  statute  exempt  from  such 
seizure  ;  and  5th.  The  actvial  value  of  the  property. 

Reports,  Judicial. — There  have  been  published  thi'ee  volumes  of  judicial 
reports,  entitled  Utah  reports,  being  reports  of  the  decisions  of  the  territorial 
supreme  court. 

Revision. — In  1876  the  laws  were  compiled,  and  are  known  as  the  compiled 
laws  of  Utah  ;  since  then  there  have  been  four  sessions  of  the  legislative 
assembly,  to  wit :  in  the  years  1878,  1880,  1882,  and  1884,  and  these  are  con- 
tained in  a  volume  for  each  year.  The  criminal  practice  act  was  adopted  in 
1878,  but  has  been  extensively  amended  by  the  act  of  1884. 

The  civil  procedure,  procedure  of  probate  courts,  procedure  in  justices' 
courts,  and  the  administration  of  decedent's  estates  have  been  revised  by  the 
several  acts  of  1884. 

Revenue. — There  are  annual  taxes  levied  by  statute  as  follows :  Three 
mills  on  the  dollar  for  territorial  purposes,  and  three  mills  on  the  dollar  for 
the  benefit  of  district  schools.  There  may  also  be  levied  such  sum  as  the 
county  courts  of  the  several  counties  may  designate  for  county  purposes,  not 
to  exceed  six  mills  on  the  dollar.  Assessment  is  to  be  made  as  of  April  1st, 
each  year.  Debts  are  deducted  from  taxable  credits.  Taxes  attach  to  and 
constitute  a  lien  on  the  property  assessed  from  the  day  of  assessment.  A  tax 
on  personal  property  is  a  lien  on  the  tax-payer's  real  estate.  All  territo- 
rial, school  and  county  taxes  become  due  on  the  1st  of  July,  annually,  and 
become  delinqvient  on  the  31st  day  of  October.  When  delinquent,  the  col- 
lector may  levy  on  enough  personal  property,  or,  in  default  of  that,  on  real 
estate  to  satisfy  the  same  ;  and  shall  sell  the  property  levied  upon,  on  notice 
of  not  less  than  ten  nor  more  than  foity  days. 

jUtah  15.] 


UTAH   TERRITORY.  789 

The  property  of  nou-rcsideuts  cannot  be  sold  for  taxes  without  publishtnsf 
the  notice  of  sale,  at  least  five  times  in  some  newspa])er  published  in  the  ter- 
ritory, commencing  twenty  days  at  least  previous  to  the  sale. 

Revivor. — Xo  special  legislation  on  the  subject. 

Seal. — A  scroll  is  good  to  any  instrument  requiring  a  seal. 

Security  for  Costs. — Can  only  be  required  where  plaintiff  is  a  non-resi- 
dent. No  special  form  necessary.  If  required,  all  proceedings  stayed  until 
security  given,  which  must  be  done  within  thirty  days,  or  case  can  be  dismissed. 
(See  California  forms  for  undertaking  generally,  same  as  Utah.) 

Stay  of  Execution. — Not  allowed  except  on  appeal,  by  giving  undertaking 
in  tlouble  amount  of  judgment  and  costs. 

Suits. — All  suits  commenced  by  complaint.  All  distinction  between  law 
and  equity  abolished. 

Supplementary  Proceeding. — When  execution  has  been  returned  unsatis- 
fied in  whole  or  in  part,  the  plaintiff  is  entitled  to  an  order  of  the  judge  of  the 
c(mrt  for  the  api^earauce  and  examination  of  the  judgment  debtor  ;  or  a  like 
order  may  be  obtained  at  any  time  after  issuing  execution,  on  satisfying  the 
judge  of  the  court,  by  affidavit  or  otherwise,  that  the  judgment  debtor  has 
jjroperty  which  he  unjustly  refuses  to  apply  toward  satisfaction  of  the  judg- 
ment. If  any  property  is  thus  discovered  in  the  debtor's  or  any  other  per- 
son's possession,  it  may  be  levied  on  and  applied  in  satisfaction. 

Taxes. — (^See  Revenue.) 

Trust  Deeds. — No  legislation  on  trust  deeds. — {See  Mortgages.) 

Usury. — No  usury  laws. — {See  Interest.) 

Wills. — Any  person  of  the  age  of  eighteen  years,  and  of  sound  mind,  may 
dispose  of  his  or  her  property,  personal  and  real,  by  will.  A  will  must  be  in 
writing,  subscribed  by  the  testator,  and  attested  by  at  least  two  witnesses  in 
the  presence  of  the  testator,  and  of  each  other.  All  wills  executed  according 
to  the  law  of  the  state  or  country  where  made  may  be  admitted  to  i)robate 
here. 

Married  women  may  make  wills  as  if  sole. 

Nuncupative  wills  are  good  to  the  amount  of  one  thousand  dollars,  if  proved 
by  two  witnesses,  within  six  months  after  decedent's  death,  and  if  he  was  in 
expectation  of  immediate  death  from  an  injury  or  casualty  happening  within 
twenty-four  hours  previous  to  the  making  of  the  will. 

Witnesses.— ((See  Evidence.) 


[Utah  !6.] 


790 


UTAH   TERRITORY. 


ATTORNEYS  IN   UTAH  TERRITORY. 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  population. 
Figures  after  names  when  admitted  to  the  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (t)  our  Compiler  of  Laws. 
A  dagger  (f)  former  recommendations  withdrawn. 


PLACE. 

COUNTY. 

NAMES   OF  ATTORNEYS.      POPULA'n. 

Ashley 

Uintah 

Wm.  Ashton. 

600 

Beaver 

Beaver 

P.  Denney. 

i,8oa 

Bluff 

San  Juan 

{See  Panquitch.') 

107 

Box  Elder 

Box  Elder 

A.  Snow, 

1,877 

Coalville 

Summit 

Hon.  A.  Eldridge. 

150 

Ephraim 

San  Pete 

Hon.  P.  McFarlan. 

1,900 

Farmington 

Davis 

J.  T.  Smith. 

500 

Fillmore 

Millard 

W.  H.  King. 

1,000 

Heber 

Wasatch 

John  Duncan. 

1,200 

Huntington 

Emery 

Wm.  Howard. 

1.100 

Junction 

Pi  Ute 

{See  Beaver.) 

lOO 

Kanab 

Kane 

A.  W.  Brown. 

1,200 

Kaysville 

Davis 

Joseph  Barton. 

1,800 

Logan 

Cache 

Chas.  Frank. 

5,000 

Manti 

San  Pete 

Wm.  T.  Reid. 

2,000 

Morgan 

Morgan 

Samuel  Francis. 

600 

Nephi 

Juab 

Hon.  A.  Hague. 

2,000 

Ogden  City 

Weber 

R.  K.  Williams. 

7,000 

Panguitcb 

Garfield 

J.  F.  Chidester. 

500 

Park  City. 

Stimmit 

F.  E.  James. 

3,000 

Parowan 

Iron 

John  W.  Brown. 

900 

Provo  City 

Utah; 

Booth  &  Brown. 

5,000 

Randolpb 

Rich 

W.  K.  Walton. 

263 

Eichfield 

Sevier 

W.  G.  Baker. 

1,800 

Saint  George 

Washington 

J.  M.  McFarland. 
(  X  Theodore  Burmester, 

1,332 

Salt  Lake  City 

Salt  Lake 

\                    168  Main  Street. 
(    See  Card  in  Apj^s'idix,  page  xxv. 

20,76S 

Spriii};-  City 

San  Pete 

J.  Johnson. 

2,300 

Tooeie 

Tooele 

918 

UTAH  TERRITORY. 


791 


BANKS   IN  UTAH   TERRITORY. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  of  one 
bank  in  each  county  of  this  territory  in  which  such  a  banking  institution  is  located. 


PLACE.  NAME   OF   BAMK. 

Corinne  J  W  Guthrie 

T  „  ,„.,  r';*^  ,       S  Charles  Frmk 
Logan  City      J  Thatoher  Bros  &  Co 

C  Commercial  Nat  Bank 
Ogden  City      }  First  National  Bank 

(  Utah  National  Bank* 
Park  City  Park  City  Bank 

Provo  City  First  National  Bank 

Rifhfield  James  M  Peterson 

C  Deseret  National  Bank 
Salt  Lake  City  <  Union  National  Bank 

(  Zion's  Sav'gs  Bk  .fc  Trust  Co  T 


PAID  UP 

CASHIER. 

CAPITAL. 

R. 

S.  Guthrie. 

8  50,000 
5,000 

H. 

E.  Hatch. 

73,000 

O. 

E.  Hill. 

150,000 

H. 

.  S.  Young. 

100,000 

L. 

B.  Adams. 

100,000 

A. 

B.  Richardson. 

30,000 

W 

.  H.  Dusenberry. 

50,000 
14,000 

L. 

S.  Hills. 

200,000 

B. 

G.  Raybould. 

200,000 

T. 

G.  Webber. 

50,000 

STATE   OF 

VKRIVIONTT. 

Sr.M>[AKY    OF 

Collection    Laws. 

CouKT  Calendar,   Insthvctions  for  taking  Depositions,  Legal  Forms,  Etc. 

Expressly  Prepared  and  Revised  to  Nov.  1st,  1S87,  for  "Showers' 

Legal  Directory  and  Merchants'  Guide,"  for  188S.  by 

T.  J.  Deavitt,  of  the  Montpelier  Bar. 

Acknowledgments. — All  deeds  must  be  signed  and  sealed  in  tlie  presence 
of  two  witnesses.  Tliey  may  be  acknowledged  in  tliis  state  before  a  justice 
of  the  peace,  notary  public,  master  in  chancery,  or  town  cleik.  Outside  the 
state,  before  a  justice,  notary  public,  or  commissioner  i'or  Vermont,  or  any 
other  officer  authorized  by  the  laws  of  such  other  state  to  take  acknowledg- 
ments of  deeds. 

Actions — Are  such  as  are  recognized  by  the  common  law.  Suits  before 
the  supreme  or  county  courts  must  be  brought  in  the  county  in  which  one  of 
the  parties  resides,  if  either  live  in  the  state  ;  if  neither  reside  in  the  state, 
then  in  any  county  ;  but  actions  of  ejectment  and  trespass  on  the  freehold 
must  be  brought  in  the  county  where  the  land  lies.  Replevin  is  to  l)e  brought 
in  the  county  where  the  goods  are  detained.  Suits  before  a  justice  of  the 
peace  must  ordinarily  be  brought  in  the  town  where  one  of  the  parties 
resides  ;  if  neither  live  in  the  state,  then  in  any  town. 

Writs  returnable  before  county  court  must  l)e  served  at  least  twelve  days 
before  the  commencement  of  the  term  to  whicli  they  are  returnable.  Before 
a  justice,  they  must  be  served  at  least  six  days  before  the  return  day,  except 
when  served  in  another  county,  then  at  least  twelve  days  prior  to  return  day; 
and  if  defendant  is  properly  notified,  judgment  may  be  rendered  on  the  return 
day,  if  no  defense  is  interposed.  Writs  against  corporations  must  be  served 
at  least  thirty  days  before  return  day,  except  when  corporations  are  sum- 
moned as  trustees  or  garnishees. 

Suits  are  commenced  by  writs  of  summons  or  attachment,  as  the  plaintiff" 
prefers.  There  is  no  distinction  between  residents  and  non-residents,  either 
plaintiff"  or  defendant,  in  respect  to  the  right  of,  or  liability  to,  an  attachment 
of  property  on  mesne  process.  The  declaration  is  contained  in  the  writ. 
Security  for  costs  to  the  defendants,  given  by  way  of  recognizance  by  some 
other  person  than  the  plaintiff",  mvist  accompany  eveiy  writ. 

Affidavits — May  be  made  before  any  officer  authorized  to  administer 
oaths.     No  particular  form  is  required. 

Aliens. — No  court  shall  naturalize  an  alien,  except  upon  proceeding  and 
examination  and  oath  of  the  applicant  in  ojien  court,  before  a  judge  thereof, 
at  a  regular  term  of  the  court  holden  in  the  county  wliere  the  applicant 
resides  and  has  I'esided  one  year  next  previous  to  the  date  of  his  ap])lication. 


VERMONT.  793 

A  clerk  or  judge  of  a  court  who  issues  a  certificate  of  naturalization  to  an 
alien  except  upon  such  proceedings,  examination  and  oath,  and  upon  proof 
of  such  residence,  sliall  be  tined  SIOO. 

Aliens  are  taxed  the  same  as  citizens. 

Appeals. — Where  an  appeal  is  given  in  a  civil  or  criminal  matter,  to  any 
court,  it  shall  be  to  the  stated  term  to  be  holden  next  after  the  appeal  is 
taken. 

An  appeal  from  the  judgment  of  a  justice,  in  a  civil  cause,  to  the  county 
court,  may  be  taken  by  either  party,  if  claimed  witliin  two  liours  after  the 
rendition  thereof.  The  party  appealing  is  required,  at  the  time  of  taking  the 
appeal,  to  give  security,  by  way  of  recognizance  to  the  adverse  party  that  he 
will  prosecute  his  appeal  and  answer  and  pay  the  intervening  damages  and 
costs  if  judgment  is  affirmed,  but  no  appeal  is  allowed  in  either  of  tlie  follow- 
ing cases:  1st.  When  a  judgment  is  rendeiX'd  by  non- suit  or  default.  2d. 
In  actions  on  notes  and  accounts  stated,  not  exceeding  forty  dollars  in 
amount ;  but  appeal  will  be  allowed  a  party  in  an  action  on  notes  etc.,  when 
the  ad  damnum  exceeds  twenty  dollars,  who  shall  make  an  affidavit  within 
two  hours,  that  he  has  a  good  defence  or  cause  of  action.  3d.  In  actions  in 
which  neither  the  ad  damnum  in  the  plaintiffs  writ,  nor  the  sum  demanded 
by  the  declaration,  nor  the  specifications  or  exhibits  of  the  plaintiff  on  trial 
shall  exceed  twenty  dollars ;  actions  of  assumpsit  to  recover  a  balance 
due  on  account,  when  the  balance  claimed  does  not  exceed  twenty  dollars, 
provided,  however,  that  an  appeal  shall  be  allowed  in  actions  by  one  town 
against  another  for  the  support  of  paupers,  actions  for  fine  or  penalty,  actions 
for  trespass  on  the  freehold,  actions  wliere  the  defendant  pleads  in  oftset  de- 
mands exceeding  twenty  dollars,  and  shall  file  with  the  justice,  within  two 
hours  of  the  rendition  of  judgment  an  affidavit  setting  forth  that  said  plea 
is  made  in  good  faith,  and  such  ott'set  has  not  been  allowed  him  by  the  plain- 
tiff in  his  specifications  ;  actions  of  assumpsit  to  recover  a  balance  due  on 
account,  when  the  defendant  shall  file  an  affidavit  with  the  justice,  as  above 
required,  setting  forth  that  he  has  a  good  defence  to  more  than  twenty  dol- 
lars of  the  plaintitt"s  account ;  of  a  court,  civil  or  military,  in  excuse  or  jus- 
tification ;  actions  where  the  defendant,  in  good  faith,  pleads  in  excuse  or 
justification,  that  he  was  acting  as  a  public  officer  ;  actions  where  a  tax  or 
tax-bill  or  warrant  is,  in  good  faith,  put  in  issue  by  the  pleadings  or  by  the 
proof;  actions  for  the  recovery  of  a  subscription  to  the  capital  stock  of  a  cor- 
poration. 

A  respondent  is  entitled  to  an  appeal  from  a  justice  court,  although  he 
neglects  to  procure  bail, but  will  be  held  in  custody  for  his  appearance  at  court. 

Such  apiJeals  in  civil  cases  do  not  vacate  the  judgment  until  entered  in  the 
appellate  court.  If  the  appellant  fails  to  enter  the  appeal  in  county  court, 
the  justice,  after  the  adjournment  of  such  court,  may  issue  execution  the 
same  as  if  no  api)eal  had  been  taken. 

A  person  interested  in  an  order,  sentence,  decree,  or  denial  of  a  probate 
court,  may  appeal  therefrom  to  the  county  court.  An  executor,  administra- 
tor, or  creditor  may  appeal  from  the  decision  and  report  of  the  commissioners 
to  the  county  court,  if  application  therefor  is  made  in  writing  within  twenty 
days.  No  appeal  is  allowed  from  the  action  of  the  commissioners  when  the 
claim  allowed  or  disallowed  is  less  than  twenty  dollars.  Before  an  appeal  is 
allowed,  the  person  appealing  is  required  to  give  a  bond  to  the  court,  with 
condition  that  he  will  prosecute  the  appeal  and  pay  the  intervening  damages 
and  costs  occasioned  by  such  appeal. 

Arrest. — No  citizen  of  the  United  States  can  be  arrested  by  virtue  of  any 
mesne  process,  founded  on  a  contract,  unless  the  creditor  files  an  affidavit 
with  the  person  authorized  to  issue  the  writ,  showing  that  he  has  good 
reason  to  believe,  and  does  believe,  that  the  defendant  is  about  to  abscond  or 
remove  from  the  state,  and  has  secreted  about  his  person  or  elsewhere, 
money  or  other  property  to  an  amount  exceeding  twenty  dollars,  or  sufficient 
to  satisfv  the  demand  of  such  creditor  against  him.  or  that  the  deV>tor  ne- 


794  VERMONT. 

gleets  or  refuses  to  pay  over  money  which  he  holds  for  the  plaintiff  in  a  fidu- 
ciary capacity,  although  demand  has  been  made  upon  him  therefor. 

In  all  actions  of  tort,  an  attachment  will  issue  against  the  body  of  the  de- 
ponent, as  a  mesne  or  original  process,  where  the  debtor  has  not  sufficient 
goods  and  chattels  to  answer  the  amount  stated  in  the  writ. 

Assignments  and  Insolvency. — There  is  an  insolvent  law  (passed  in 
1876),  but  its  provisions  are  of  no  effect  as  regards  non-resident  creditors. 
The  probate  courts  have  jurisdiction  in  insolvency.  All  assignments  must, 
be  for  the  benefit  of  all  creditors.  Non-i'esident  creditoi's  can  prove  their 
claims  and  take  their  dividends,  but  the  discharge  would  be  of  no  effect  out- 
side of  this  state. 

Attachment. — Defendant's  property,  both  real  and  personal,  is  liable  to 
attachment  on  mesne  process  in  all  forms  of  action,  and  may  be  held  to  re- 
spond to  final  judgment  and  executions. 

Banks. — The  national  banks  are  the  only  banks  of  circulation  in  this  state. 
Savings  banks  and  trust  companies  receive  deposits  and  make  loans.  A  law 
exists  authorizing  the  organization  of  state  banks  of  circulation,  but  no  suck 
banks  at  present  exist. 

Deposits  in  savings  banks  to  the  amount  of  81,500  is  exempt  from  taxa- 
tion to  the  depositor.  Four  per  cent,  is  the  usual  rate  of  interest  paid  de- 
positors by  savings  banks. 

Chattel  Mortgages — May  be  made  of  all  personal  jjroperty.  To  be  valid, 
the  mortgage  must  be  recorded  in  the  town  clerk's  office,  of  the  town  in 
which  the  mortgagor  resides  at  the  time  of  his  making  the  same,  or  if  he  re- 
sides out  of  this  state,  in  the  town  in  which  the  property  is  situated. 

There  must  be  attached  to  and  recorded  with  the  mortgage  an  affidavit, 
signed  and  sworn  to  by  the  mortgagor  and  mortgagee,  stating  that  the  debt 
secured  is  a  just  one,  and  honestly  owing,  and  that  the  mortgage  is  given  to 
secure  the  same. 

Claims  against  Decedents'  Estates. — All  claims  against  an  estate  must 
be  presented  to  the  commissioners  who  are  appointed  by  the  probate  court 
for  the  district  where  the  deceased  resided  at  the  date  of  his  death,  within 
six  months  from  the  appointment  of  such  commissioners.  If  such  commis- 
sioners disallow  a  claim  of  more  than  twenty  dollars,  the  claimant  may  ap- 
peal to  the  county  court,  if  he  makes  ajiplication  therefor  in  writing  and  files 
a  bond  for  security  for  costs  with  tTie  register  of  probate,  within  twenty  days 
from  the  time  the  commissioners  file  their  report  in  the  probate  court. 

Conditional  Sales  of  Personal  Property.— ('S'ee  Liens.) 

Corporations — May  be  formed  by  special  charter,  or  by  the  general  laws 
of  the  state. 

Costs,  Security  for. — No  writ,  summons  or  attachment  i-equiring  a  per- 
son to  appear  and  answer  before  a  court,  shall  be  issued  unless  sufficient 
security  is  given  to  the  defendant,  by  way  of  recognizance,  by  some  person 
other  than  the  plaintiff',  to  the  satisfaction  of  the  authority  signing  such  writ, 
that  the  plaintiff'  will  prosecute  his  writ  to  effect ;  and  answer  the  damages 
if  judgment  is  rendered  against  him  ;  a  minute  of  which  recognizance, 
with  the  name  of  the  surety  and  the  sum  in  which  he  is  bound,  shall 
be  made  upon  the  writ,  at  the  time  of  signing  the  same,  and  signed  by  such 
authority  ;  and  if  a  writ  is  otherwise  issued,  the  same  on  motion,  will  abate. 

Courts. — Terms  and  Jurisdiction  of : 

Justices  of  the  peace  have  jurisdiction  to  the  amount  of  $200,  except  slander, 
trespass  to  freehold  above  twenty  dollars,  and  when  the  title  of  land  is  con- 


VEEMONT. 


795 


cenied,  and  some  other  exceptions  of  minor  consequence,  and  from  justice's 
judgment  party  may  appeal  to  county  court. 

County  Courts. — There  are  two  sessions  in  each  county  each  year.  The 
judges  consist  of  one  supreme  court  judge  and  tvro  assistants  in  eacli  county, 
which  has  jurisdiction  of  all  matters  appealed  from  justices'  courts,  and 
original  jurisdiction  when  the  matter  in  demand  exceeds  $200. 

Supreme  court  consists  of  seven  judges,  one  chief  and  six  assistants,  and 
holds  one  term  each  year  in  each  of  the  counties,  and  one  general  term  for 
the  state. 


Court  Calendar.— 


December,  1SS7  to  December,  1SS8. 


December  6. 

6. 

6. 

6. 

13. 

20. 

January  3. 

12. 

"        17. 

23. 

26. 

February  7. 

14. 

21. 

21. 

28. 

March  13. 

13. 

13. 

20. 

April    3. 


Bennington,  County  Court. 
Caledonia,  County  Court. 
Lamoille,  County  Court. 
Windsor,  Couuty  Court. 
Addison,  County  Court. 
Orange,  County  Court. 
Chittenden,  Supreme  Court. 
Franklin,  Supreme  Court. 
Grand  Isle,  Supreme  Court. 
Addison  Supreme  Court. 
Rutland,  Supreme  Court. 
Orleans,  Couuty  Court. 
Bennington,  Supreme  Court. 
Windham,  Supreme  Court. 
Grand  Isle,  County  Court. 
Windsor,  Supreme  Court. 
Rutland,  County  Court. 
Washington,  County  Court. 
Windham,  County  Court. 
Essex,  County  Court. 
Chittenden,  County  Court. 


April  10.  Franklin,  County  Court. 

"  24.  Lamoille,  County  Court. 

May  1.  Orange,  Supreme  Court. 

"  8.  Caledonia,  Supreme  Court. 

"  15.  Washington,  Supreme  Court. 

"  22.  Windsor,  County  Court. 

"  22.  Orleans,  Supreme  Court. 

June  5.  Orange,  County  Court. 

"  5.  Addison,  County  Court. 

"  5.  Bennington,  County  Court, 

"  5.  Caledonia,  County  Court. 
August  14.  Lamoille,  Supreme  Court. 

"  21.  Essex,  Supreme  Court. 

"  28.  Grand  Isle,  County  Court. 

Sept.  5.  Orlean.s,  County  Court. 

"  11.  Rutland,  County  Court. 

"  11.  Windham,  County  Court. 

"  11.  Franklin,  County  Court. 

"  11.  Washington,  County  Court, 

"  18.  Essex,  County  Court. 

"  18.  Chittenden,  County  Court. 


Curtesy, — When  a  man  and  his  wife  are  seized,  in  her  right,  of  real  estate 
in  fee  simple,  and  have  issue  born  alive,  which  might  inherit  the  same,  and 
the  wife  dies,  the  husband  shall  hold  such  estate  during  his  life  as  tenant  by 
the  curtesy.     The  husband's  right  is  limited  to  fee  simple  estate. 

Deeds — Must  be  signed  and  sealed  by  the  maker  in  the  presence  of  two 
subscribing  witnesses,  and  acknowledged  before  an  officer  authorized  to  ad- 
minister an  oath,  and  the  official  before  whom  a  deed  is  acknowledged  must 
add  his  certificate  of  the  same — and  record  at  length  in  the  clerk's  office  of 
the  town  in  which  such  lands  lie.  The  wife  joins  with  husband  only  when 
the  homestead  is  conveyed.  The  husband  must  join  with  the  wife  to  convey 
her  land.  When  a  wife  joins  in  a  deed,  it  is  not  necessary  for  her  to  have  a 
separate  examination. 

Deeds  and  other  conveyances,  and  powers  of  attorney  for  the  conveyance 
of  lands,  the  acknowledgment  or  proof  of  which  is  taken  outside  the  state,  if 
certified  agreeably  to  the  laws  of  the  state,  province  or  kingdom  in  which 
such  acknowledgment  or  proof  is.  taken. 

Descent  and  Distribution. — The  real  estate  of  a  deceased  person  descends- 
as  follows  :  1st.  In  eqital  shares  to  the  children,  aud  the  legal  representa- 
tives of  diseased  children.  2d.  If  the  deceased  is  a  married  person  and  leaves 
no  issue,  the  surviving  husband  or  wife,  as  the  case  may  be,  if  the  husband 
does  not  elect  to  take  the  tenancy  by  the  curtesy,  or  the  wife  dies  not  elect 
to  take  dower,  shall  be  entitled  to  the  whole  estate  if  it  does  not  exceed 
$2,000,  but  if  it  exceeds  that  sum,  then  the  survivor  shall  be  entitled  to  $2,000 
and  one-half  of  the  remainder  of  said  estate  ;  and  the  remaining  part  shall 
descend  as  the  whole  would  if  the  husband  or  wife  had  not  survived  ;  and 
where  no  kindred,  who  by  law  may  inherit,  sitrvive  the  husband  or  wife,  as 
the  case  may  be,  is  entitled  to  the  whole.  3d.  If  the  deceased  leaves  no  issue, 
nor  hixsband  or  wife,  the  estate  descends  to  the  father.     4th.  If  no  issue,  nor 


796  VERMONT. 

wife,  nor  husband,  nor  father  are  left,  the  estate  descends  hi  equal  shares  to 
tlie  brothers  and  sisters,  and  to  the  legal  representatives  of  a  deceased 
brother  or  sister  ;  and  if  the  mother  is  living  she  takes  the  same  share  as  a 
brotlier  or  sister.  5th.  If  none  of  the  relatives  above  named  survives,  the 
estate  will  descend  in  equal  shares  to  the  next  of  kin  in  equal  degree  ;  but  no 
person  shall  be  entitled,  by  right  of  representation,  to  the  share  of  such  next 
of  kin  who  has  died.  The  degrees  of  kindred  are  computed  according  to  the 
rules  of  the  civil  law.  and  the  half  blood  inherit  equally  with  those  of  the 
whole  blood,  in  the  same  degree. 

Depositions. — Justices  may  take  depositions  of  a  witness  out  of  court  : 
1st.  When  such  witness  resides  more  than  thirty  miles  from  the  place  of  trial. 
2ud,  When  he  is  going  out  of  the  state  not  to  return  before  the  time  of  trial. 
3d.  When  by  reason  of  age,  sickness,  or  other  bodily  infirmity,  he  is  rendered 
incapable  of  travelling  and  appearing  at  court.  4th.  When  be  resides  out  of 
the  state.  .5th.  When  he  is  confined  in  jail.  6th.  When  he  is  a  judge  of  the 
supreme  court  and  is  going  out  of  the  county  in  which  he  resides,  to  iierforni 
his  official  duties,  not  to  return  before  the  time  of  trial. 

Depositions  may  be  taken  at  any  resonable  time  after  suit  is  commenced, 
in  whatever  court  the  suit  is  pending,  or  while  the  suit  is  on  its  passage  from 
one  court  to  another. 

A  person  wishing  to  take  a  deposition  out  of  court,  shall  cause  personal 
notice  to  be  given  by  the  magistrate  taking  such  deposition,  to  the  adverse 
party,  or  cause  a  citation  to  be  served  like  a  writ  of  suinmons,  on  the  adverse 
party,  or  if  the  adverse  party  resides  out  of  the  state,  on  his  attorney,  and 
shall  give  tlie  party  a  reasonable  time  after  notice,  to  be  present  at  the  tak- 
ing thereof.  If  the  adverse  party  resides  out  of  the  state  and  has  no  attor- 
ney, the  deposition  may  be  taken  without  such  notice  ;  but  in  such  cases 
such  testimony  must  be  filed  in  the  court  in  which  the  cause  is  iiending,  at 
least  twenty  days  before  trial. 

Forvi  of  Citation. 

State  op  Vermont,  } 
County  of .  ^     ' 

To  any  sheriff  or  constable  in  the  state,  greeting : 

By  the  authority  of  the  state  of  Vermont  you  are  hereby  commanded  to 

notify  A.  B.  of ,  in  the  county  of ,  to  appear  before ,  at ,  on 

the day  of ,  A.  D.  18 — ,  at of  the  clock,  in  the noon,  to  be 

present  at  the  taking  of  the  deposition  of  C.  D.,  to  be  used  in  a  cause  to  be 

heard  and  tried  before court,  to  be  held  within  and  for  the  county  of 

,  on  the day  of next,  in  which  cause ,  of ,  is  plaintiff, 

and ,  of ,  is  defendant. 

Fail  not,  but  make  service  and  return  according  to  law. 

Dated  at ,  in  the  county  of ,  this day  of ,  18 — . 

(Signed  by  the  magistrate. ) 

Form  of  Certificate  and  Caption  of  Deposition. 

State  of ,         } 

County  op .  S     ' 

At ,  in  the  county  of ,  this day  of ,  A.  D.  18—,  person- 
ally appeared  C.  D.,  and  made  oath  that  the  foregoing  deposition,  by  him 
subscribed,  contains  the  whole  truth  and  nothing  but  the  truth. 

Before ,  justice  of  the  peace,  etc. 

The  above  deposition  is  taken  at  the  request  of  A.  B.,  to  be  used  in  a  cause 
to  be  heard  and  tried  by  (state  court  and  time,  and  place  of  session),  in  which 

cause is  plaintift',  "and is  defendant.     The  deponent  residing  out  of 

the  state  (here  insert  tlie  cause)  is  the  cause  of  taking  the  deposition.     The 
adverse  party  was  (or  was  not)  notified,  and  did  (or  did  not)  attend. 

Certified  by ,  magistrate. 


VERMONT.  797 

The  (k']Kisiti«)u  is  then  to  be  sealed  up,  and  the  following  superscription 
placed  on  the  wrapper  :  "'The  within  deposition  was  taken  and  sealed  up  by 
,  justice  of  the  peace  "  (or  other  n»agistrate,  as  the  case  may  be.) 

Divorce. — A  divorce  from  the  bond  of  matrimony  may  be  granted  :  l.st. 
For  adultery  in  eitlicr  party.  2d.  When  either  party  is  sentenced  to  confine- 
inent  to  hard  labor  in  state's  prison  for  three  years  or  more,  and  is  actually 
confined  at  the  time.  :3d.  For  intolerable  severity  in  either  party.  4tli.  For 
wilful  desertion  for  three  consecutive  years,  or  when  either  party  ha.>  been 
absent  for  seven  years  and  not  heard  of  durirg  that  time.  5th.  On  petition 
of  the  wife  when  the  husband,  being  of  sulhcient  pecuniary  ability  to  provide 
suitable  maintenance  for  her,  without  cause,  grossly  or  wantonly  and  cruelly 
refuses  or  neglects  so  to  do,  Xo  divorce  shall  be  granted  for  any  cau^,e  if 
the  parties  never  lived  together  as  hasV)and  and  wife  in  this  state  ;  nor  for  a 
cause  which  accnicd  in  another  state  or  country,  unless  the  parties,  before 
such  cause  accnied,  lived  together  as  husband  and  wife  in  this  state  ;  nor  for 
a  cause  which  accrued  in  another  state  or  country,  unless  one  of  the  parties 
then  lived  in  this  state. 

No  divorce  shall  be  granted  for  any  cause  unless  the  libellant  has  resided 
in  the  state  one  year  next  preceding  the  filing  of  the  libel  in  coixrt.  Divorces 
are  granted  by  the  county  courts. 

Parties  are  witnesses  in  divorce  cases.  Divorce  cases  are  continued  the 
Term  at  which  they  are  entered.  The  party  to  whom  the  divorce  is  granted 
may  marry  immediately,  but  it  is  unlawful  for  the  guilty  party  to  again 
marry  before  three  years  from  the  time  of  granting  the  divorce. 

Dower. — The  widow  is  entitled  to  dower,  or  the  use  during  her  natural 
life,  of  one-third  of  the  real  estate  of  which  her  husband  died  seized  in  his 
own  right,  in  the  equity  of  redemption  of  lands  mortgaged  by  her  husband, 
or  held  under  the  mortgagor,  and  she  may  pay  such  part  of  the  amount  due 
on  the  mortgage,  as  the  probate  court  judges  to  be  in  proportion  to  hei-  in- 
terest by  dower  in  the  premises,  and  have  one-third  of  the  land,  as  against 
the  administrator,  heirs,  and  creditors  of  her  deceased  husband. 

The  widow  may  be  barred  of  her  dower  in  the  following  ways  :  1st.  Where 
a  jointure  was  settled  on  such  widow  by  her  husband  or  other  person,  or 
some  pecuniary  provision  was  made  for  her  before  her  marriage,  or  after  her 
marriage,  with  her  consent,  to  have  eflt'ect  after  the  death  of  her  husband,  and 
expressed  to  be  in  lieu  and  discharge  of  her  dower.  2d.  Where  her  husband 
by  his  last  will,  made  provision  for  such  widow,  which  in  the  judgment  of 
the  probate  court,  was  intended  to  be  in  lieu  of  dower. 

But  the  widow  may,  within  eight  months  after  the  will  of  her  husband  is 
proved,  or  in  such  further  time  as  the  court  allows,  waive  the  jointure  or 
pecuniary  provision  made  for  her  in  lieu  of  dower,  etc.,  and  take  her  dower, 
and  notify  the  court  of  her  election  in  writing ;  and  the  court  will  order  her 
dower  set  out  as  in  other  cases. 

Until  the  dower  of  the  Avidow  is  set  out  in  the  lands  of  her  husband,  she 
may  continue  to  occupy  the  same,  with  the  children  and  family  of  the  de- 
ceased, or  may  receive  one-third  of  the  rents,  issues,  or  profits  of  siieh  lands. 

Executions — Are  issued  from  county  courts  at  the  close  of  term,  and  from 
justices"  courts  immediately  after  judgment  rendered,  and  are  returnable  in 
sixty  days.  Can  only  be  stayed  by  order  of  court.  Six  months  allowed  for 
redenix>tion  of  real  estate  levied  upon.  The  land  is  set-off  at  a  certain  value, 
and  becomes  plaintitt's  if  not  redeemed  in  six  months. 

Exemptions. — Homestead,  !r".")00,  necessary  wearing  apjiarel,  household 
furniture  and  tools,  one  cow,  one  swine,  or  meat  of  one  swine,  ten  sheep, 
either  one  yoke  of  oxen  or  two  horses  (horses  not  to  exceed  in  value  the  sum 
of  $200).  as  the  debtor  may  select,  with  forage  for  one  winter;  one  sleigh,  two 
sets  of  harness,  two  halters  and  some  other  small  articles,  ton  cords  of  fire- 


798  VEEMONT. 

■wood  or  five  tons  of  coal,  twenty  buslaels  of  potatoes,  the  arms  used  by  a 
soldier  in  the  service  of  the  United  States,  growing  crops,  ten  bushels  of 
grain,  one  barrel  of  flour,  two  swarms  of  bees,  and  their  produce  in  honey, 
live  poultry,  not  exceeding  in  value  the  sum  of  ten  dollars,  one  two-horse 
wagon  or  ox-cart,  as  the  debtor  may  select,  with  wififletrees  and  neck-yoke, 
two  chains,  one  plow,  also  a  sewing  machine,  and  instruments  and  libraries 
of  professional  men,  to  the  value  of  6200. 

False  Pretense. — A  person  who  falsely  personates  or  represents  another, 
and  in  such  assu:.-.ied  character  receives  money  or  other  property  intended  to 
be  delivered  to  the  party  so  pei'sonated,  with  intent  to  convert  the  same  to 
his  own  use,  shall  be  punished  by  imprisonment  in  states  prison,  not  exceed- 
ing ten  years,  or  by  fine  not  exceeding  $500,  or  both. 

A  person  who  designedly  by  false  pretences,  or  by  a  privy  or  false  token 
and  with  intent  to  defraud,  obtains  from  another  money  or  other  property, 
or  a  release  or  discharge  of  a  debt  or  obligation,  or  signature  of  a  person  to 
a  written  instrument,  the  false  making  whereof  would  be  punishable  as  for- 
gery, shall  be  imprisoned  not  to  exceed  ten  years  and  fined  not  exceeding 
§1,000. 

Frauds,  Statutes  of. — No  contract  for  the  sale  of  goods,  &c.,  for  the 
jjrice  of  $40  or  more  is  valid  unless  the  purchaser  accepts  and  receives  a 
part  of  the  goods,  or  gives  something  in  earnest  to  bind  the  bargain,  or  in 
part  payment,  or  unless  some  note  or  memorandum  of  the  bargain  is  made 
in  writing  and  signed  by  the  party  to  be  charged  thereby,  or  by  some  person 
thereunto  by  him  lawfully  authorized. 

No  action  at  law  or  in  equity  can  be  brought  upon  a  special  promise  of  an 
executor  or  administrator  to  answer  damages  out  of  his  own  estate,  or  upon 
a  special  promise  to  answer  for  the  debt,  default  or  misdoings  of  another  ; 
or  upon  an  agreement  m  de  upon  consideration  of  marriage  ;  or  upon  con- 
tracts for  the  sale  of  lands,  or  of  any  interest  in  the  same ;  or  upon  an 
agreement  not  to  be  performed  within  one  year  from  the  making  thereof ; 
unless  the  promise,  contract  or  agreement  upon  which  such  action  is 
brought,  or  some  memorandum  or  note  thereof,  is  in  writing  and  signed  by 
the  party  to  be  charged  therewith. 

No  action  can  be  brought  to  charge  a  person  upon,  or  by  reason  of,  a 
representation  or  assurance  made  concerning  the  character,  conduct,  ci'edit, 
ability,  trade  or  dealings  of  another  person,  unless  in  writing  and  signed 
by  the  party  charged  thereby. 

Where  the  performance  of  a  contract  is  secured  by  the  obligation  of  a 
surety,  no  agreement  made  between  the  creditor  and  the  principal  debtor 
for  the  extension  of  the  time  of  payment  shall  have  any  effects,  unless  such 
agreement  is  made  uj)on  a  valuable  consideration  and  in  writing. 

Garnishment. — Actions  on  contract,  actions  of  account  and  book  account 
may  be  commenced  by  trustee  process. 

A  person  having  goods,  effects  or  credits  of  the  defendant,  entrusted  or 
deposited  in  his  hands,  or  which  shall  come  into  his  hands  after  the  service 
of  the  writ  and  before  disclosure  is  made,  may  be  summoned  as  a  trustee 
and  held  to  respond  to  the  final  judgment  in  the  suit. 

A  debt  or  legacy,  due  from  an  execi;toror  administrator,  and  other  goods, 
effects  or  credits  in  his  hands,  may  be  trusteed. 

Corporations  may  be  summoned  as  trustees. 

If  the  plaintiffs  debt  is  less  than  810,  or  if  the  sum  due  from  the  trustee 
is  less  than  $10,  the  trustee  can  not  be  held. 

Grace. — (See  Notes.) 

Interest. — Six  per  cent.  Usurious  excess  is  not  collectible,  and  may  be 
recovered  back,  though  paid  voluntarily. 


VERMONT.  799 

Justices  of  the  Peace. — (See  Courts.) 

Judgments — Do  not  of  themselves  create  a  lien  on  property  not  attached 
upon  mesne  process. 

Limitation. — Xo  acknowledj^inent  Nvill  prevent  the  operation  of  the 
statute,  unless  in  writing  and  signed  by  the  party  thereby  affected. 

Absence  from  the  state  of  debtor  ■will  prevent  the  operation  of  the  statute 
during  such  time,  if  the  debtor  has  no  known  jjroperty  within  the  state 
which  might  be  attached  by  the  common  process  of  law. 

Action  for  glanderous  words  and  libels,  two  years.  Actions  for  assault 
and  battery  and  false  imprisonment,  three  years. 

In  all  actions  on  debt  upon  contract,  not  under  seal,  excepting  debt  on 
judgment ;  all  actions  of  debt  for  rent ;  actions  of  accouAAt,  assumpsit,  or  on 
the  case  founded  on  contract,  expressed  or  implied;  actions  of  trespass  upon 
land ;  actions  of  replevin  or  other  actions  for  taking,  detaining  or  injuring 
goods  or  chattels,  and  all  other  actions  on  the  case,  except  for  slanderous 
words  and  libel,  six  years. 

Debt  or  scire  facias  upon  judgment,  and  debt  on  specialties,  and  actions 
■  of  covenant,  eight  years. 

Attested  promissory  notes,  fourteen  years. 

An  acknowledgment  or  promise  to  pay  must  be  in  writing,  to  revive  a 
claim  barred  by  the  statute. 

Liens. — The  vendor  may  retain  a  lien  upon  any  personal  property  until  it 
is  fully  paid  for  by  taking  a  note  and  lien  and  having  them  recorded  in  the 
town  clerk's  office  where  the  vendee  resides.  Where  a  party  has,  in  the  way 
of  his  trade  or  occupation,  bestowed  his  money,  labor  or  skill  upon  a  chattel 
in  the  alteration  and  improvement  of  its  properties  he  has  a  lien  upon  it  for 
a  fair  and  I'easonable  remuneration  or  for  the  contract  price. 

An  attorney  has  a  lien  upon  all  papers  of  his  clients  in  his  hands  and  upon 
judgments  recovered  by  him  for  any  general  balance  due  him. 

Mechanics'  Lien. — When  a  contract  is  made,  whether  in  writing  or  not, 
for  erecting,  repairing  or  moving  a  building,  or  for  furnishing  labor  or 
materials  therefor,  the  person  proceeding  in  pursuance  of  such  contract 
shall  have  a  lien  to  secure  the  payment  of  the  same  upon  such  building  and 
lot  of  land  on  which  it  stands,  for  three  months  from  the  time  payment 
becomes  due  for  labor  or  materials. 

A  person  cutting  or  drawing  logs  shall  have  a  lien  thereon  for  his  wages 
for  sixty  days  after  the  services  are  performed. 

Employees^  Lien. — If  a  person  or  coraiiany  is  compelled  to  stop  business 
by  reason  of  attachment  upon  mesne  process  and  does  not  resume  business 
within  30  days,  and  is  indebted  to  an  employee  for  wages,  such  emi)loyee 
may  attach  the  property  upon  his  debt  and  have  precedence  over  jjrior 
attachments  to  an  amount  not  exceedihg  $50. 

Married  Women. — A  married  woman  carrying  on  busniess  in  her  own 
name,  may  sue  and  be  sued  in  all  matters  connected  with  such  business,  in 
the  same  manner  as  if  she  were  unmarried,  and  execution  may  issue  against 
her  and  be  levied  on  her  sole  and  separate  goods,  chattels  and  estates. 
Property  inherited  or  acquired  not  liable  to  husband's  debts. 

Any  married  woman,  whose  husband  shall  desert  her,  or  fi-om  any  cause 
neglect  to  provide  for  his  family,  may,  in  her  own  name,  make  contracts  for 
her  own  labor  and  the  labor  of  her  minor  children,  and,  in  her  own  name, 
sue  for  and  recover  her  own  and  their  wages. 

Minors. — IMales  become  of  full  age  at  21  years  and  females  at  18  years. 

Mortgages. — Of  real  estate  must  be  executed  like  other  deeds  and  are  in 
foiin  a  warrantee  deed,  with  a  condition  that  if  the  mortgagor  shall  pay  or 


800  VERMONT. 

p 
cai;se  to  be  paid  the  sum  specified  in  the  promissory  notes  described  in  such 
condition,  then  the  deed  becomes  null  and  void. 

Mortgages  are  assigned  by  a  delivery  of  the  notes,  but  to  have  the  assign- 
ment good  against  subsequent  purchasers  and  mortgagees  without  notice, 
an  assignment  should  be  made  and  recorded  in  the  clerk's  office  where  the 
deed  is  recorded. 

Mortgages  may  be  discharged  by  an  entry  on  the  margin  of  the  record 
thereof,  in  the  records  of  deeds  signed  by  the  mortgagee  or  his  attoi'ney, 
executor  or  assignee,  acknowledging  satisfaction  of  the  mortgage.  Mort- 
gages may  also  be  discharged  by  the  mortgagee,  his  attorney  or  assignee, 
acknowledging  payment  thereof  by  an  entry  on  the  mortgage  deed,  signing 
the  same  and  affixing  his  seal  thereto,  in  the  presence  of  a  witness,  which 
entry,  upon  being  recorded  on  the  margin  of  the  record  of  such  mortgage  in 
the  record  of  deeds  will  discharge  such  mortgage  and  bar  all  actions 
brought  thereon. 

Mortgages  are  foreclosed  in  the  court  of  chancery,  and  if  the  security  is 
ample  the  mortgagor  has  one  year  to  redeem.  If  the  security  is  scant  a 
shorter  time  than  one  year  is  fixed  by  the  court. 

Form  of  Mortgage  Deed. 

Know  all  men  hy  these  presents,  That ,  of ,  in  the  county  of , 

and  state  of ,  in  the  consideration  of dollars  paid  to full  satis- 
faction by ,  of ,  in  the  county  of ,  and  state  of ,  by  these 

jiresents,  do  freely  give,  grant,  sell,  convey  and  confirm  unto  the  said  

and  heirs  and  assigns  forever,  a  certain  piece  of  land  in  ,  in  the 

county  of  ,  and  State  of  Vennont,  described  as  follows,  viz. : 

To  have  and  to  hold  said  granted  premises,  with  all  the  privileges  and 

appurtenances  thereof,  to  the  said  heirs  and  assigns,  to  their  own  use 

and  behoof  forever  ;  and the  said for and heirs,  executors 

and  administrators,  do  covenant  with  the  said heirs  and  assigns,  that 

until  the  ensealing  of  these  presents  the  sole  owner  of  the  premises, 

and  have  good  right  and  title  to  convey  the  same  in  manner  aforesaid ;  that 
they  are  free  from  every  encumbrance  ;  and hereby  engage  to  war- 
rant and  defend  the  same  against  all  lawful  claims  whatever,  .     The 

conditions  of  this  deed  are  such,  &c.  Then  this  deed  to  become  null  and 
void  otherwise  in  force. 

In  witness  w7iereof,  hereunto  set hand  and  seal,  this day  of 

,  A.  D.  18—. 

In  presence  of 

,  [L.  s.] 

,   [L.  S.] 

,   [L.  8.] 

J  ,   [L.  S.] 

State  of  Vermont,  ) 

County.  S     ' 

At  this  day  of  ,    A.  D.  18 — ,    personally  appeared,    and 

acknowledged  <this  instrument,  by  sealed  and  subscribed,  to  be  

free  act  and  deed. 

Before  me, . 

Notes  and  Bills  of  Exchange — Are  governed,  ordinarily,  by  the  law 
merchant.  In  actions  on  them  between  the  original  pai'ties,  partial  failure 
of  consideration  may  be  set  up  as  partial  defense.  They  are  entitled  to 
three  days'  grace,  unless  payable  on  demand  or  at  sight,  or  in  any  way  but 
in  money.  If  the  thii'd  day  falls  on  a  Sunday  or  a  legal  holiday,  the  grace 
expires  on  the  day  previous.  Notes  payable  on  demand  are  considered 
overdue  after  sixty  days  from  date.  To  charge  indsorser  on  stich  notes, 
presentment  for  payment  must  be  made  on  or  before  sixty  days  fi"om  date. 
No  paper  is  negotiable  except  such  as  is  so  by  the  general  law  merchant. 


VEBMONT.  801 

Practice. — The  common  law  prevails. 
Recording. — (.See  Deeds.) 

Seal. — The  seal  to  deeds,  charters,  &c.,  must  be  of  wax  or  wafer  ;  some- 
thing which  may  be  impressed  with  an  instrument  used  as  and  for  a  seal. 

It  has  been  held  by  the  supreme  court  of  tliis  state,  that  a  scroll  or  circle 
made  with  a  pen,  and  the  word  "seal"  written  within  it,  was  not  a  seal,  and 
that  an  instrument  of  conveyance  with  such  attachment  to  the  signature 
was  not  a  deed,  it  not  being  sealed. 

Corporations  act  by  their  seal,  and  public  documents  are  evidenced  by  a 
seal.  In  these  cases  the  impression  of  the  seal  may  be  made  directly  on 
paper,  without  the  intervention  of  the  wafer  or  wax,  as  it  is  the  particular 
impression  made  by  the  stamp  which  is  recognized  as  the  seal.  It  is  the 
same  in  notarial  seal. 

Where  an  award,  required  to  be  sealed,  the  arbitrators  produced  an  award 
signed  by  each,  but  with  only  one  seal.  The  award  did  not  conclude  with 
"witness  our  hands  and  seals,"  &c.  The  court  held,  that  from  its  purpose 
and  tenor  it  was  obvious  that  the  arbitrators  intended  and  understood  this 
to  be  a  sealed  instrument,  and  that  each  had  adopted  this  seal  as  his  own 
seal. 

Where  an  instrument  is  signed  by  several  parties  and  has  but  one  seal 
attached,  the  question  whether  the  one  seal  was  adopted  and  stands  as  the 
seal  of  each  is  one  of  fact,  and  may  be  determined  from  the  paper  itself  and 
the  nature  of  the  transaction. 

Stay  of  Execution. — (See  Execution.) 

Wills — Must  be  signed  by  the  testator  in  the  presence  of  three  witnesses. 
The  witnesses  must  see  the  testator  sign,  and  must  witness  it  in  the  presence 
of  each  other. 

Witnesses. — Parties  are  witnesses  in  all  civil  suits,  and  the  respondents 
may  testify  in  their  own  behalf  if  they  choose  so  to  do. 


802 


VERMONT. 


ATTORNEYS    IN    VERMONT. 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  population. 
Figures  after  names  when  admitted  to  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (t)  our  Compiler  of  Laws. 
A  dagger  (f)  former  recommendations  withdrawn. 


PLACE, 

COUKTY. 

KAMES   OF    ATTORNEYS. 

popula'n 

Barre 

Washington 

L.  S.  Thompson. 

3,500 

Bellows  Falls 

Windham 

Z.  H.  Albee. 

2.229 

Bennington 

Bennington 

T.  Sibley. 

6,341 

Brandon 

Rutland 

Ormsbee  &  Briggs. 

3.500 

Brattleborougli 

Windham 

Waterman  &  Martin. 

6,000 

Burlington 

Chittenden 

Roberts  &  Roberts. 

13,000 

Chelsea 

Orange 

J.  K.  Darling. 

1,600 

Colchester 

Chittenden 

H.  F.  Wolcott. 

4,421 

Derby 

Orleans 

J.  Grout. 

2,548 

Fairfax 

Franklin 

G.  Ballard. 

1,820 

Fairfield 

Franklin 

M.  S.  Gates. 

2,172 

Fair  Haven 

Rutland 

C.  M.  Willard. 

2,500 

Glover 

Orleans 

E.  A.  Cook. 

1,048 

Guild  Hall 

Essex 

C.  E.  Benton. 

558 

Hardvpick 

Caledonia 

L.  D.  Hathaway. 

1,500 

Hartford 

Windsor 

Samuel  Pengrse. 

2,955 

Highgate 

Franklin 

J.  A.  Fitch. 

2,089 

Hyde  Park 

Lamville 

L.  S.  Small. 

1,900 

Irasburgh 

Orleans 

L.  H.  Thompson. 

1,064 

Sericho 

Chittenden 

M.  H.  Alexander. 

1,687 

Ludlow 

Windsor 

M.  C.  Goddard. 

2,008 

Lulenburgh 

Essex 

F.  D.  Hale. 

1,038 

Manchester 

Bennington 

E.  B.  Burton. 

1,929 

Middleburg 

Addison 

Tupper  &  Bliss. 

1,834 

Milton 

Chittenden 

H.  E.  Powell. 

2,006 

Montpelier 

Washington 

t  T.  J.  Deavitt. 

4,000 

Morrisville        ^ 

Lamville 

P.  K.  Gleed. 

2,100 

Newfane 

Windham 

M.  Davidson. 

210 

Northfield 

Washington 

F.  Plumley. 

2,800 

Pittsford 

Rutland 

C.  S.  Colbum. 

1,982 

Rutland 

Rutland 

W.  C.  Duntou. 

16,000 

St.  Albans 

Franklin 

H.  C.  Adams. 

7,195 

St.  Johnsbiiry 

Caledonia 

Ide  &  Staftbrd. 

5,806 

Springfield 

Windsor 

A.  M.  Allbee. 

1,586 

Swanton 

Franklin 

H.  A.  Burt. 

3,083 

Vergennes 

Addison 

G.  W.  Grandey. 

1,783 

West  Rutland 

Rutland 

J.  E.  Manly. 

2,379 

"Whitingham 

Windham 

H.  N.  Hix. 

1,246 

Windsor 

Windsor 

W.  Batchelder. 

2,175 

Woodstock 

Windsor 

W.  C.  French. 

2,815 

VEKMONT. 


803 


BANKS  IN  VERMONT. 

Giving  the  name  of  town,  banli  and  cashier,  and  amount  of  paid-up  capital  of  one 
bank  in  each  county  of  this  state  in  which  such  a  banking  institution  is  located. 


PLACE. 


NAME   OF    BANK. 


Barre  Nationol  Bank  of  Bane 

Barton  Barton  National  Bank 

Bellows'  Fallls  Nat  Bank  of  Bellows'  Falls 


Bennington 

Bethel 

Bradford 

Brandon 

Brattleboro' 

Burlington 

Castleton 

Chelsea 

Danville 

Derby  Line 


First  National  Bank 

Nat  White  River  Bank 

Bradford  Sav  Bk  &  Trust  Co  Geo.  P.  Arthur, 


CASHIER. 

F.  G.  Rowland. 
H.  K.  Dewey. 
P.  H.  Hadley, 

G.  F.  Graves. 
D.  C.  Dennison. 


Brandon  National  Bank 
Vermont  National  Bank 
Merchants'  National  Bank 
Castleton  National  Bank 
First  National  Bank 
Caledonia  National  Bank 
Nat  Bank  of  Derby  Line 


Factory  Point    Factory  Point  Nat  Bank 


W,  F.  Scott. 

G,  C.  Averill, 

L.  E,  Woodhouse, 

D.  D.  Cole, 
C.  S.  Emery, 
J,  B.  Matlock, 
Stephen  Foster, 
Jas.  P.  Black. 

E.  H.  Phelps, 


Fair  Haven        First  National  Bank 
Hyde  Park         Lamville  County  Nat  Bank  A.  L.  Noyes 
Lyndon  Nat  Bank  of  Lyndon  W.  J.  Stanton,  Jr 

Lyndonville        Lyndonville  Nat  Bank  H.  M.  Pearl. 

Middlebury        Nat  Bank  of  Middlebury       Chas.  E.  Pinney. 
3Iiddletown  Springs.     Gray  National  Bank  A.  A.  Green. 
Montpelier         First  National  Bank  ~         ~ 

Newport  National  Bank  of  Newport 

N,  Bennington  First  National  Bank 
Northfleld  Northfield  National  Bank 

Orwell  First  National  Bank 

Poultney  First  National  Bank 

Proctorsville      Nat  Black  River  Bank 
Richford  Richford  Sav  Bk  &  Trust  Co  S.  P.  Carpenter. 

Rutland  Rutland  County  Nat  Bank    Henry  F.  Field, 

Springfield  First  National  Bank  B.  F.  Aldrich. 

St.  Albans  Welden  National  Bank  F.  S.  Stranahan. 

St.  Johnsbury    First  National  Bank  John  C.  Clark. 

Yergennes  Nat  Bank  of  Vergennes         Andrew  Ross. 

Waterbury         Waterbury  National  Bank    Chas.  Wells. 
Well's  River      National  Bank  of  Newbury  Geo.  Leslie. 
West  Randolph  Randolph  National  Bank       R.  T,  Dubois, 
White  River  Jo  Nat  Bank  of  White  River  Jo  J.  L,  Bacon, 
Windsor  Windsor  National  Bank        J.  S.  Walker. 

Woodstock         Woodstock  National  Bank    H.  C.  Johnson. 


F.  L.  Eaton, 

R.  J.  Wright. 

S.  B.  Hall. 

Chas.  A.  Edgerton,  Jr, 

C,  E.  Bush, 

M.  D.  Cole. 

Chas.  W.  Whitcomb. 


PAID  UP 
CAPITAL. 

$100,000 
150,000 
100,000 
110,000 
125,000 

50.000 
200,000 
150,000 
500,000 

50,000 
150,000 
100,000 
150,000 

75,000 
100,000 
150.000 
106,000 

75,000 
200,000 

50,000 
250,000 
100,000 
150,000 
100,000 
100,000 

50,000 

50,000 

50,000 
300,000 
100.000 
100,000 
500,000 
150,000 
100,000 
300,000 
75,000 
50,000 
100,000 
300,000 


STATE  OF 

VIRGINIA. 

SUMMARY  OF 

CoivLKCTioN    Laws. 

CoDRT  Calendar,  Instkuctions  for  taking  Depositions,  Legal,  Forms,  Etc, 

Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "Showers' 

Legal  Directory  and  Merchants'  Guide,"  for  1888,  by 

Sands  &  Bryan,  of  the  Richmond  Bar. 

Acknowledgments — Within  the  state  may  be  taken  before  any  county  or 
corporation  court,,  when  proved  by  two  witnesses  before  such  court,  or  the 
clerk  thereof  in  his  office,  or  before  a  justice,  commissioner  in  chancery  and 
notary  (within  their  respective  counties).  "Without  the  state,  but  within 
the  United  States,  they  may  be  taken  before  any  court  in  the  United  States, 
or  the  clerk  thereof  in  his  office,  or  before  any  justice,  commissioner  in 
chancery,  notary,  or  commissioner  appointed  by  the  governor  of  Virginia 
for  such  state.  Without  the  United  States,  they  may  be  taken  before  any 
minister  plenipotentiary,  charge  d'affaires,  consul-general,  consul,  vice- 
consul,  or  commercial  agent  of  the  United  States  to  such  foreign  country, 
or  before  any  court  of  such  country,  or  the  mayor  or  other  chief  magistrate 
of  any  city,  town  or  corporation  therein. 

Privy  examination  of  wife  abolished. 

Form  of  Acknowledgment. 

State  of  Virginia, of ,  to  wit : 

I, for  the aforesaid,  in  the  state  of  Virginia,  do  certify  that , 

whose  name signed  to  the  within  writing,  bearing  date  on  the day 

of ,  18 — ,  ha —  acknowledged  the  same  before  me  in  aforesaid. 

Given  under  my  hand  this day  of ,  18 — .  {Signature.) 

Note. — To  be  acknowledged  before  a  justice  or  a  notary  public. 

Actions. — As  at  common  law,  except  replevin  action,  which  is  abolished. 
In  equity,  by  bill  or  petition. 

Administration. — 1st.  Where  there  is  no  will,  administration  shall  be 
granted  to  the  distributees  who  apply  therefor,  preferring,  first,  the  husband 
or  wife,  and  then  such  of  tlie  others  entitled  to  distribution  as  the  court 
shall  see  fit.  If  no  application  in  thirty  days  from  death  of  intestate, 
administration  may  be  granted  to  one  or  more  of  creditors,  or  to  any  other 
person.  Bond,  with  security,  in  penalty  equal  at  least  to  full  value  of  per- 
sonal estate. 

2d.    Has  no  control  over  real  estate. 


VIRGINIA.  805 

;3il.  AVhen  assets,  after  payment  of  funeral  expenses,  charges  of  adminis- 
tration, claims  for  physician's  foes  in  last  sickness  $50,  and  druggist's 
accounts  for  articles  furnished  during  same  period  of  $50,  are  not  sufficient 
to  satisfy  all  demands,  they  shall  be  applied — 

1st.    Debts  due  United  States. 

2d,    Taxes  and  levies  assessed  upon  decedent  previous  to  his  death. 

;ld.  Debts  due  as  personal  representative,  trustee  for  persons  under  disa- 
bilities, guardian  or  committee,  wliere  the  (jualification  was  in  this  state,  in 
which  debts  shall  be  included  a  debt  for  money  received  by  a  husband  acting 
iis  such  fiduciary  in  right  of  wife. 

4th.    All  other  demands  ratably  (except  voluntary  obligations). 

5th.   Voluntary  obligations. 

Affidavits. — In  any  case  in  which  an  oath  might  be  administered  by,  or 
:an  affidavit  made  before,  a  justice,  the  same  may  be  done  by  or  before  a 
notary  public;  or  a  commissioner  appointed  by  the  governor,  or  by  a  court, 
or  the  clerk  of  any  court,  or,  in  case  of  survey  directed  by  a  court  in  a  cause 
therein  pending,  by  or  before  the  surveyor  directed  to  execute  said  ord^r  of 
tiurvey. 

An  affidavit  may  also  be  made  before  any  officer  of  another  state  or 
<'ounty  authorized  by  its  laws  to  administer  an  oath,  and  shall  be  deemed 
iluly  authenticated  if  it  be  subscribed  by  such  officer,  and  there  be  annexed 
to  it  a  certificate  of  the  clerk  or  other  officer  of  a  court  of  record  of  such 
state  or  county,  under  an  official  seal  verifying  the  genuineness  of  the  signa- 
ture of  the  first  mentioned  officer,  and  his  authority  to  administer  an  oath. 

Accounts  sent  to  Virginia  for  collection  need  not  be  verified  by  the  affi- 
ilavit  of  the  creditors.  The  affidavit  taken  without  notice  gives  them  no 
additional  validity. 

Aliens. — Any  alien,  not  a  public  enemy,  may  acquire,  hold  and  dispose  of 
real  estate  within  this  state,  and  the  same  shall  pass  by  devise  or  descent  in 
like  manner  as  if  he  were  a  citizen. 

Appeals. — In  certain  cases,  appeals  are  of  right;  in  others,  they  are  dis- 
<'retionary  with  the  court  or  judge  to  wliom  application  is  made. 

Appeals  from  magistrates'  courts  may  be  granted  within  ten  days  after 
Judgment,  if  the  case  involves  constitutionality  or  validity  of  an  ordinance 
or  a  by-law  of  a  corporation,  or  if  matter  in  controversy,  exclusive  of  inter- 
est, exceeds  ten  dollars  (in  the  city  of  Richmond,  twenty  dollars). 

The  course  of  appeal  from  the  county  court  is  to  the  circuit  court  of  the 
.»iarae  county.  Appeals  from  the  circuit  and  corporation  courts,  and  the 
♦chancery  court  of  the  city  of  Riclimond,  must  be  taken  to  the  supreme 
«'Ourt  of  appeals  within  one  year  after  judgment  rendered,  and  are  only 
alloAved  where  matter  in  controversy  exceeds  in  value  ^500,  exclusive  of 
costs,  unless  tliere  be  drawn  in  question  certain  matters  not  merely  pecu- 
niary.    (Const.,  art.  vi.,  §  2.) 

Arrest. — There  is  no  imprisonment  for  debt  in  Virginia  ;  but  when  there 
is  probable  cause  for  believing  that  defendant  is  about  to  (juit  the  state,  he 
may  be  held  to  bail,  but  may  be  discharged  upon  giving  bond  and  security 
that  he  will  answer  such  interrogatories  as  may  be  filed  within  four  months 
iU'ter  judgment  rendered.  Before  plaintitt'  can  obtain  this  writ,  he  must 
give  bond  and  security  to  j^ay  all  costs  and  damages  occasioned  by  arrest  of 
<lefendant. 

Assignments  and  Insolvency. — Xo  insolvent  laws,  and  no  statutory  pro- 
visions concerning  assignments.  But  an  insolvent  debtor  may  make  a  volun- 
tary assignment  to  a  trustee  for  the  benefit  of  creditors,  and  may  prefer 
*-ertain  creditors  to  others.     Such  assignment  does  not  operate  as  a  release. 

The  trustee  may  be  required  to  give  security  for  the  faithful  performance 
of  his  duty,  by  any  creditor  of  the  assignor  whose  debt  exceeds  $200. 


806  VIRGINIA. 

Attachments. — Besides  tenants  liable  for  rent,  against 

1st.  Foreign  corporations  or  non-residents  of  the  state  having  estate,  or 
sued  with  persons  residing  within  the  state. 

2d.  Defendants  removing,  or  about  to  remove,  out  of  this  state  with 
intent  to  change  their  domicile. 

;3d.  Defendants  removing,  intending  to  remove,  or  who  have  removed,  the 
specific  property  sued  for,  or  their  own  estate,  or  the  proceeds  of  the  sale 
of  their  pi'operty,  or  a  material  part  of  such  estate  or  proceeds,  out  of  this 
state,  so  that  process  of  execution  on  a  judgment,  when  obtained,  will  be 
unavailing. 

4th.  Defendants  converting,  or  who  are  about  to  convert  or  have  con- 
verted, their  property  of  whatever  kind,  or  some  part  thereof,  into  money, 
securities  or  evidences  of  debt,  with  intent  to  hinder,  delay  or  defraud 
creditors. 

5th.  Defendants  who  have  assigned  or  disposed  of,  or  who  are  about  to 
assign  or  dispose  of,  their  estate  or  some  part  thereof,  with  intent  to  hinder, 
delay  or  defraud  creditors. 

Against  tenants  and  debtors,  removing  effects,  etc.,  any  justice  of  the 
peace  may  issue  attachment,  whether  the  claim  be  due  or  not ;  in  all  other 
cases  the  writ  must  be  obtained  from  the  clerk  of  the  court  if  the  claim 
exceeds  twenty  dollars  exclusive  of  interest.  If  of  twenty  dollars  and 
under,  the  attachments  should  be  before  a  justice  of  the  peace,  and  not 
before  a  court. 

A  non-resident  may  attach  the  estate,  within  this  state,  of  another  non- 
resident. Bond,  with  security,  required,  usually  double  the  amoixnt  claimed, 
when  property  taken  possession  of  by  ofl&cer. 

Claims  Against  Estates  of  Deceased  Persons— Must  be  brought  against 
personal  representative,  and  assets  in  his  hand,  after  payment  of  certain 
funeral  expenses,  charges  of  administration,  «&c.,  are  to  be  paid  out  in  follow- 
ing order :  1st.  Debts  due  United  States.  2d.  Taxes  and  levies  assessed 
upon  decedent  prior  to  his  death.  3d.  Certain  fi.duciary  debts.  4th.  All 
other  demands  ratably,  except  5th.  Voluntary  obligations. 

Conditional  Sales  of  Personal  Property.— Every  sale  or  contract  for  the 
sale  of  goods  or  chattels,  whei'ein  the  title  is  reserved  until  the  same  be  paid 
for  in  whole  or  in  part,  or  the  transfer  of  the  title  is  made  to  depend  on  any 
condition,  and  where  possession  be  delivered  to  the  vendee,  shall  be  void  as 
to  creditors  of  purchasers  for  value  without  notice  from  such  vendee,  unless 
such  sale  or  contract  be  evidenced  by  writing  executed  by  the  vendor,  in 
which  said  reservation  or  condition  is  expressed,  and  until  said  writing  is 
duly  recorded  in  the  county  or  corporation  iti  which  said  goods  or  chattels 
may  be;  or,  if  said  goods  and  chattels  consist  of  locomotives,  cars  or  other 
rolling-stock,  equipments,  or  personal  property  of  any  description  to  be  used 
in  or  about  the  operation  of  a  railroad,  until  said  writing  is  duly  recorded  in 
certain  other  enumerated  offices,  and  each  locomotive,  car  or  other  piece  of 
rolling-stock  be  plainly  and  permanently  marked  with  the  name  of  the 
vendor  on  both  sides  thereof,  followed  by  the  word  ''owner." 

Corporations- — The  general  statutes  governing  corporations  are  contained 
in  chapters  46  and  47,  Code  of  1887.  Corporations  are  created  by  general 
assembly,  or  by  circuit  courts,  or  the  judges  thereof  in  vacation.  These 
latter  may  grant  cl.arters  of  incorporation  for  the  conduct  of  any  enterprise 
or  business  which  may  lawfully  be  done  by  an  individual,  except  to  con- 
struct a  turnpike  beyond  the  limits  of  the  county,  or  a  railread,  canal,  or 
bank  of  circulation.  Stockholders  in  joint-stock  companies  are  liable  only 
to  the  extent  of  their  stock. 

Costs. — Security  for  costs  may  be  required  by  defendant,  or  by  any  officer 
of  the  court,  by  a  suggestion  that  i)lrtintift"  is  a  non-resident.  After  default 
of  sixty  days  thereafter  in  furnishing  requisite  security,  suit  will  be  dis- 
missed. 


VIRGINIA.  807 

Courts. — Terms  and  Jurisdiction  of: 

Circuit  courts,  by  recent  statute,  hold  three  teniis  annually  in  each  county 
and  the  city  of  Richmoud,  and  special  terms  when  dispatch  of  business 
requires.  But,  under  special  acts,  only  two  terms  are  held  in  many  of  the 
counties,  and  the  other  cities  of  the  state  than  Richmond.  They  have  juris- 
diction in  all  cases  at  law  and  in  equity  where  the  amount  involved  (exclu- 
sive of  interest)  exceeds  $20. 

Corporation  courts  (in  towns  having  over  5,000  inhabitants),  with  jurisdic- 
tion mainly  concurrent  with  that  of  the  circuit  courts  in  civil  cases,  hold 
four  terms  annually  for  the  trial  of  such  cases. 

Justices^  jurisdiction,  by  act  taking  effect  July  1,  1880,  enlarge  to  $100, 
with  right  to  defendant,  when  amount  exceeds  $20,  to  remove  case  to  county 
or  corporation  court. 

Court  Calendar.— 

UNITED    STATES    COURTS. 
CIRCUIT     COURT. 

Chief  JuJitice  Supreme  Court,  Morrison  R.  Waite,  of  Ohio.  Circuit  Judge,  Hugh  L. 
Bond,  of  Baltimore,  Md.  Clerk,  M.  F.  Pleasants,  Richmond,  Alexandria  and  Norfolk. 
Holds  its  terms  at  same  places  and  times  as  Uistrict  Courts. 

DISTRICT    COURTS. 

Eastern  District .  Judge,  R.  W.  Hughes,  of  Norfolk,  Va.  District  Attorney,  3.  Cat- 
lett  Gibson.  Assistant  District  Attorney,  James  Lyons.  Clerks,  W.  B.  Wall,  Richmond  ; 
John.  S.  Fowler,  Alexandria  ;  Charles  T.  Barry,  Norfolk. 

Terms.  At  Richmond,  1st  Mondays  in  April  and  October;  at  Alexandria,  1st 
Mondays  in  January  and  July;  at  Norfolk,  1st  Mondays  in  May  and  November. 

Western  District.  Judge,  John  Paul,  of  Harrisonburg.  Clerks,  W.  M.  Elliott,  Lynch- 
burg ;  Charles  Martin,  Danville  ;  I.  C.  Fowler,  Abingdon. 

Terms.  At  Danville,  Tuesdays  after  8d  Mondays  in  June  and  November  ;  at 
Lynchburg,  Tuesdays  after  3d  Mondays  in  March  and  September ;  At  Abington, 
Tuesdays  after  4th  Mondays  in  May  and  Octotjer;  at  Harrisonburg,  Tuesdays  after 
1st  Monday  in  May,  and  2d  Mon.  in  Oct. 

STATE    COURTS. 

THE  SUPREME  COURT  OF  APPEALS. 

Terms.  At  Richmond,  oth  of  November.  January  and  March.  The  sessions  last 
160  days,  unless  the  business  is  sooner  disposed  of.  At  Staunton,  10th  of  September, 
and  the  session  lasts  «0  days,  unless  the  business  is  sooner  disposed  of.  At  Ws'the- 
vi lie,  10th  of  July,  and  the  session  lasts  60  days,  unless  the  business  is  sooner  dis- 
posed of. 

CIRCUIT  COURTS. 

The  times  and  places  for  holding  these  Courts,  are  as  follows  : 

^^^porationl.        (bounty  Seat.  Terms  of  Circuit  Courts  begin. 

Accomac  ....  Accomac  C.  H.    ...  1st  Tues.  Apr.  and  Oct. 
Albemarle.  .   .Charlottesville    .  .  .  10th  May  and  Oct.,  and  1st  Feb. 

Alexandria    .  .Alexandria 4th  Mon.  May,  and  Wed.  after  1st  Mon.  Nov. 

Alexand'a  City  Alexandria 3d  Mon.  March,  and  4lh  Mon,  Sept. 

Alleghany  .  .  .  Covington 2.5th  March  and  Aug. 

Amelia Amelia  C.  H 10th  March  and  Sept. 

Amherst.  .  .  .  Amherst  C.  H.    .   .  .  lOtli  April  and  Oct. 
Appomattox  .  .  Appomattox  C.  H  .  .  ir>ili  March  and  Sept. 

Augusta  ....  Staunton 10th  May  and  Nov. 

Bath Warm  Springs    .   .   .  Ajirll  25th  and  Sejjt.  2-5th. 

Bedford Liberty 2.5lh  May  and  Nov. 

Bland Bland  C.  H 1st  Mon.  April,  and  4th  Mon.  Sept. 

Botstourt    .  .  .  Fincastle 23d  May.  and  22d  Oct. 

Brunswick..  .  Lawrenceville  .  .   ,  .  Hith  April  and  Oct. 
Buckingham.  .  Buck'gham  C.  H.  .  .  2oth  April  and  Oct. 

Buchanan  .  .   .  Grundy Tuesday  after  1st  Monday,  March,  August  and 

November. 
Campbell..  .  .  Campbell  C.  H.  .   ,  .  2.)th  April  and  Oct. 
Caroune  .  .  .  .  Bowling  (ireen   .   .   .  loili  March  aud  eept. 


808  VIRGINIA. 


Counties  and 
Corjyoraiioii}!. 


County  Sent.  2'erms  of  Circuit  Courts  begin. 


Carroll Hillsville :id  Mon.  April,  and  2d  Mon.  Oct. 

Charles  City  .   .  Clias.  City  C.  H.     .   .  m  Tucs.  May  and  Nov. 
Charloite..   .   .  Charlotte  C.  H.   .   .   .  20th  Manli  and  .Sept. 
Chesterrteld   .  .  Chestertield  C.  H.  .   .  15th  Mu\  aiui  1.5th  Nov. 

Clarke Berryville      l.st  Feh.,  lOtli  May,  and  1st  Oct. 

Craig New' Castle 1.5th  April  and  Oct. 

Culpeper  .  .   .   .  Culpeper 1st,  June  and  Nov. 

Cumberland  .  .  Cumberland  C-  II  .   .  7th  May  and  Nov. 

Danville  ....  Danville 15th  June  and  Jan. 

Dickinson  .  .   .  Dickinson  C.  H.    .  .  Tuesday  after  2d  Mou.  March  and  Nov. 
Dinwiddee  .  .  .  Dinwiddle  C.  H.     .   .  21st  Mai'ch  and  Sept. 

Elizabeth  City   Hampton 2d  Mon.  March  and  .Sept. 

Essex  .   .  .  .  .'  .  Tappahaunock   .   .   .  ]>Sth  March  and  Sept. 

Fairfax Fairfax  C.  H 2d  Mon.  June  and  Nov. 

Fauquir  .   .  .  .  Warrenton Tues.  after  1st  Mon.  Sept.,  2d   Mon.  Dec,  and 

Tnes.  after  1st  Mon.  April. 

Floyd Floyd  C.H 3d  .^lay,  and  lUth  Nov. 

Fluvanna   .  .   .Palmyra lOth  April,  and  10th  Nov. 

Franklin  ....  Rocky  Mount  ....  10th  May,  and  24th  Oct. 

Frederick  .  .  .Winchester 1st  March  and  June,  and  15th  Nov. 

Fredericksb'g  .Fredericksburg  .   .  .  10th  May  and  Nov. 

Giles Pearisburg 1st  Mon.  May  and  November. 

Gloucester  .  .  .  Gloucester  C.  II.    .  .  Wed.  after  2d  Mon.  May  and  Nov. 

Goochland..  .  Goochland  C.  H.    .  .  1st  April  and  Sept. 

Grayson   ....  Independence  ...  .2d  Mon.  Apr.,  and  Tues.  after  3d  Mon.  Oct. 

Greene Standardsville    .  .  .  10th  June  and  Nov. 

Gre'^nsville.  .   .  Hicksford   ....    .  .  20th  April,  and  20th  Oct. 

Halifax Halifax  C.  H     ....  1st  April  and  10th  Nov. 

Hanover.  .   .   .  Hanover  C.  H.    .   .   .  26th  April  and  Oct. 

Henrico  ....  Richmond Sd  Mon.  Jan.,  and  1st  Mon.  May  and  Oct. 

Henry Martinsville  .  .  2.5th  May  and  14th  Oct. 

Highland..  .   .Monterey May  3d  and  Oct.  3d. 

Isle  of  Wight      Smithfleld 20th  April  and  Oct. 

James  City  and 
.   City    of    Wil- 
liamsburg.      Williamburg    .   .    .  .  2d  Tues.  May  and  Nov. 
King  George  .  .  King  George  C.  H  .  .  30th  jNIarch  and  Sept. 
King  d-  Queen  .K'g  <b  Q'n  C.  H.  .   .  .  Thurs.  after  3d  Mon.  May  and  Nov. 
King  William  .  King  Wm.  C.  H.     .   .  1st  Mon.  Apr.  and  Oct. 
Lancaster  .   .   .  Lancaster  C.  H.  .  .  .  Fri.  after  4th  Mon.  April  and  Oct. 

Lee Joilesville 1st  Mon.  after  4th  Mon.  March,  Aug.  and  Nov. 

Loudoun  ....  Leesburg 4th  Mon.  April,  and  3d  Mon.  Oct.  and  Jan. 

Louisa Louisa  C.  H 20th  March  and  Sept. 

Lunenburg    .  .  Lunenberg  C.  H.    .  .  17th  May  and  Nov. 
Lynchburg    .  ,  Lynchburg  City     .  .  10th  May  and  Nov. 

Madison  ....  Madison  C.  H 20th  April  and  Sept. 

Manchester  .  .  Manchester  City    .   .  3d  Monday.    (Corporation  Court). 
jNIatthews   .  .  .  Matthews  C.  H.  .  .   .  15th  April  and  Oct. 

Mecklenburg.  .  Boydton 1st  April  and  Oct. 

Middlesex.  .  .Saluda 25th  March  and  .Sept. 

Monigomery.  .  Christianburg  ....  10th  May  and  26tli  Nov. 

Nansemond  .   .Suffolk lOtb  April  and  Oct. 

Nelson Livingston 27th  March  and  Sept. 

New  Kent  ,  .  .  New  Kent  C.  H.     .   .  4th  Tuesday  April  and  October. 
Norfolk  Co..  .  Norfolk  Cltv    .  .   .  .  1.5th  March  and  Sept. 
Norfolk  City  .  .  Norfolk  City    ....  15th  May  and  Nov. 

Northampton  .  Eastville 3d  Tuesday  April  and  Oct. 

Northumberl'd  Heathsville On  Wed.  after  4th  Mon.  April  and  Oct. 

Nottaway   .  .  .  Nattaway  C.  H.  .  .  .  March  30th  and  Sept.  30th. 

Orange Orange  C.  H 1st  May  and  Oct. 

Page Luray 20th  April  and  Zi  Sept. 

Patrick Patrick  C.  H .3d  June  and  5th  Oct. 

Petersburg  .  .  .  Petersburg  City  .   .  .  .5th  Feb.  June  and  Dec. 
Pittsylvania  .  .  Pittsylvania  C.  H  .  .  20th  April  and  25th  Nov. 
Portsmouth  .   .  Portsmouth  City   .   .  .5th  March  and  Sept. 
Powhatan  .  .  .  Powliatan  C.  H.     .  .  17th  April  and  Oct. 

Prince  Edward  Farnivillc 1st  March  and  Sept* 

Princess  Anne  Priu.  Anne  C.  H.    .  .  1st  April  and  Oct. 
Prince  (feorge  .  Prince  Geo.  C.  H.  .   .  7th  May  and  Nov. 

Prince  William. Brentsville 2d  Mon.  May  and  Oct. 

Pulaski    ....  Newbern 3d  Mon.  March  and  4th  Mon.  Oct. 

Rappahann'k  .  Washington Tues.  after  3d  Mon.  May  and  Nov, 

Richmond  City  Richmond  City.  . .  .1st  Mon.  Feb.,  and  '.d  Mon.  May  and  Oct. 

Richmond  Co  .  Warsaw IStli  April  and  Oct. 

Roanoke  ....  Salem 1st  A{)ril  and  Oct. 

Rockbridge   .  .Lexington 1st  March  and  Sept. 

Rockingham    .Harrisonburg  .  .    .  .  1st  April,  and  Oct.  inth. 
llnssell liCbanon 1st  Mon.  March,  Aug.  and  Nov. 


VIRGINIA.  809 

^poraiiolxi.         County  Seat.  Terms  of  Circuit  Courts  begin. 

Hcott Estillville 3d  Mon.  March,  Aug.  and  Nov. 

.Shenandoah  ,  .  Woodstock .")th  Jan.,  and  1st  April  and  .Sept. 

•Smyth Alarion lid.  Mon.  Mar.  and  Aug.,  and  1st  Mon  Jan. 

.Southampton  .  Jerusalem 5th  May  and  Nov. 

.spoltsylvania  .  .Sp'tsylvan'a  C.  H  .   .  tith  May  and  Nov. 

.Stafford  .  .  ,  .StatlbrdC.  H 6th  April  and  Oct. 

Surry Surry  C.  H l:nh  May  and  Nov. 

Su.ssex Sussex  C.  H ;iOth  April,  and  Oct.  30th. 

Tazewell.  .  .  .  Tai^ewellC.  H.    .  .  .  3d  Mon.  May  and  Nov. 

Warren    ....  Front  Royal Fel).  22d,  May  1st,  and  Oct.  20tli. 

Warwick    .  .  .  Warwick  C.  H.   ...  3d  Tues.  March  and  Sept. 

Washington.  .Abingdon 4th  Mon.  April  and  Sept.,  and  1st  Mon.  Jan. 

Westmoreland  Montross 13th  Api-il  and  Oct. 

Winchester  .  .  Winchester  City    .  .  3d  Mon.  except  Aug.    (Corporation  Court.) 

Wise Gladesville 3d  Monday  after  4th  Monday  March,  August, 

and  Nov. 

Wythe Wytheville 1st  Mon.  March  and  Sept. 

York Yorktown 4th  Tues.  March  and  Sept. 

Richmond  City  Chancery  Court.  Terms,  1st  Monday  in  January,  April,  June 
and  October. 

Richmond  City  Hustings  Court.  Terms,  1st  Monday  in  January,  February, 
Marcli,  April,  May,  June,  July,  October,  November,  December,  and  20th  September. 

Winchester  and  Manche.ster  Corporation  Courts.  Terms,  3d  Monday  eacli 
month,  except  August. 

Danville  Corporation  Court:  1st  Monday. 

Lynchburu  Corporation  Court  :  1st  day. 

Roanoke  Corporation  Court:  1st  Monday,  except  in  April  and  October,  wlien 
it  meets  2d  Monday. 

P'redericksuurg  Corporation  Courts  :  2d  Tliursday. 

Alexandria  Corporation  Court  :  2d  Monday. 

Staunton  Corporation  Court  :  1st  Mon. 

Norfolk  Corporation  Court:  1st  Mon. 

Deeds. — Deed  of  bargain  and  sale  is  valid  as  against  creditors  and  subse- 
cjuent  purchasers,  if  admitted  to  record  within  twenty  days  from  date  of 
acknowledgment. 

A  scroll  affixed  by  way  of  seal  has  the  same  effect  as  a  seal.  A  deed  of 
trust  or  mortgage  not  in  consideration  of  marriage,  is  valid  as  against  credi- 
tors and  subsequent  purchasers  without  notice  only  from  date  of  its  record. 
( See  Acknowledfjmen  ts. ) 

Deeds  of  corporations  must  be  made  by  duly  authorized  agents.  No  pre- 
scribed foi'm  is  given. 

Descent  and  Distribution. — Real  estate  of  inheritance  of  intestate  pas.ses: 
1st.  To  his  children  and  their  descendants.  2d.  If  no  child  nor  descendant 
of  child,  then  to  his  father.  3d.  If  no  father  then  to  mother,  brothers  and 
sisters  and  their  descendants.  If  none  of  these,  then  4th,  one  moiety  to  the 
paternal  and  one  to  the  maternal  kindred  as  follows:  5th.  First  to  the  grand- 
father. Gth.  If  none,  then  to  grandmother,  uncles  and  aunts  on  same  side 
and  their  descendants.  7th.  If  none  such,  then  to  the  great  grandfathers  or 
greatgrandfather,  if  there  be  but  one.  8th.  If  none,  then  to  the  great  grand- 
mothers or  great  grandmother  if  there  be  but  one,  and  the  brothers  and  sis- 
ters of  the  grandfathers  and  grandmothers  and  their  descendants.  0th.  And 
so  on  to  the  nearest  lineal  male  ancestors,  and  for  want  of  them,  to  tlie  near- 
est lineal  female  ancestors  in  the  same  degree,  and  the  descendants  of  such 
male  and  female  ancestors.  10th.  If  no  father,  mother,  brother,  sister  nor  any 
descendants  of  either,  nor  any  paternal  kindred,  the  whole  shall  go  to  the 
maternal  kindred,  and  if  there  be  no  maternal  kindred,  the  whole  shall  go 
to  the  paternal  kindred.  If  there  be  no  paternal  nor  maternal  kindred,  the 
whole  shall  go  to  the  husband  or  wife  of  the  intestate,  or  if  the  husband  or 
wife  be  dead,  to  his  or  her  kindred  in  like  course  as  if  the  husband  or  wife 
had  survived  the  intestate. 

Personal  estate,  after  payment  of  funeral  expenses  etc.,  passes  as  real 
estate,  except  as  follows  :  If  intestate  was  a  married  woman,  her  hu.sban<l 
is  entitled  to  the  whole  of  said  surplus.     If  intestate  leaves  a  widow  and 


810  VIKGINIA. 

issue  by  her,  widow  is  entitled  to  oue-tliird  of  surplus.  If  intestate  leaves- 
widow  but  no  issue  by  her,  she  is  entitled  absolutely  to  such  of  the  personal 
property  in  said  surplus  as  was  acquired  by  intestate  by  virtue  of  his  marri- 
age with  her  and  remains  in  kind  at  his  death.  If  issue  left  by  fonner  wife, 
widow  entitled  to  one-third,  if  no  such  issue,  to  one-half  of  the  residue  of 
said  surplus. 

Alienage  of  distributee  is  no  impediment.     Personalty  of  infant  to  be  dis- 
tributed as  if  he  were  an  adult. 

Depositions.— 

Form  of  Notice  to  take  Depositions. 

To^ : 

You  will  please  take  notice  that shall  proceed,  on  the day  of 

,  A.  D.  18 — ,  between  the  hours  of o'clock  A.  m.  and  ■ o'clock 

p.  M.,  at ,  to  take  the  depositions  of ,  to  be  read  in  evidence  on  the 

trial  of  a  suit  now  pending  in  the court  for  the of ,  in  the  state 

of ,  in  which plaintiff,  and defendant ;  and  if  from  any  cause 

the  taking  of  said  depositions  shall  not  be  commenced,  or  being  commenced, 
shall  not  be  completed  on  that  day,  the  same  will  be  continued  from  day  to 
day,  or  from  time  to  time,  until  completed.  (Signature.) 

Form  of  Depositions. 
VS.  >     In  the court  of  the . 


The  depositions  of and  others,  taken  before  me, a  notary  public 

for  the of ,  in  the  state  of  Virginia,  pursuant  to  notice  hereto  an- 
nexed, at  the  office  of ,  in  the  state  of ,  on  the day  of ,  18 — . 

between  the  hours  of  6  a.  m.  and  6  p.  m.,  to  be  read  as  evidence  on  behalf  of 

,  in  a  certain  cause  now  pending  in  the court  of ,  wherein 

is  plaintiff,  and is  defendant. 

Present  :  ,  counsel  for  plaintiff ;  ,  counsel  for  defendant. 

(the  witness),  being  duly  sworn  on  the  Holy  Evangelist  of  Almighty 

God,  deposeth  and  saith  as  follows  : 

1st  question  :     By  counsel  for  plaintiff:  ?     Answer  :  . 

2d  question  :    By  counsel  for  plaintiff :  ?     Answer  :  . 

When  the  depositions  are  completed,  the  following  certificate  is  aimexed  : 

Form  of  Certificate  to  Deposition. 

State  of  Vikginia,  ) 
couisty  of  .     s 

,  a for  the .  in  the  state  of (or  the  person  named  in  the 

commission  hereto  annexed),  dohereby  certify  that  the  foregoing  depositions 
were  duly  taken,  reduced  to  writing  and  signed  by  the  witness — ,  respect- 
ively, before  me  at  the  place —  and  the  time —  therein  mentioned,  pursuant 
to  the  annexed  notice  and  commission. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal  (if  any),  at aforesaid,  this day  of ,  18  — .       {Signature.) 

N.  B, — If  the  person  taking  the  depositions  (not  be'ing  a  justice  of  the 
peace)  have  no  official  seal,  the  genuineness  of  hia  signature  must  be  authen- 
ticated by  some  officer  of  the  state  or  county  under  his  official  seal.  The  de- 
positions must  be  sealed  by  the  officer  and  addressed  to  the  clerk  of  the 
court  wherein  the  cause  is  pending. 

Divorce. — Suits  for  divorce  will  not  be  maintained  unless  parties,  or  one  of 
them,  resides  in  the  state  where  suit  is  instituted.  Suit  must  be  brought  in 
county  or  corporation  in  which  parties  last  cohabited,  or  in  which  defendant 
resides,  if  a   resident ;  but  if  not,  then  in  county  or  corporation  in  which 


VIRGINIA.  811 

plaintiff"  resides.  Bills  for  divorce  are  not  taken  for  confessed,  and  are  heard 
independently  of  the  admissions  of  either  party.  Coui't  will  decree  alimony 
and  counsel  fees  pending  suit. 

Marriages  absolutely  void  -vvithout  decree  :  Marriage  between  a  white  per- 
son and  a  negro  ;  marriage  where  parties  under  age  of  consent,  marry  and 
separate  during  such  non-age  (males  fourteen,  females  twelve  years),  and  do 
not  cohabit  afterwards  ;  marriage  where  either  of  the  patries  is  already 
married. 

Causes  of  divorce  from  bed  and  board  :  Cruelty  ;  reasonable  apprehension 
of  bodily  hurt  ;  abandonment  and  desertion. 

Causes  of  divorce  from  the  bond  of  matrimony:  Adultery;  natural  or  incur- 
able impotency  of  body  existing  at  the  time  of  entering  into  the  marriage  con- 
tract; where  either  of  the  parties  is  sentenced  to  confinement  in  the  penitentiary 
(and  no  pardon  granted  to  the  party  so  sentenced,  shall  restore  such  party 
to  his  or  her  conjugal  rights)  ;  where  prior  to  the  marriage,  either  party 
without  the  knowledge  of  the  other,  has  been  convicted  of  an  infamous  of- 
fence ;  where  either  party,  charged  with  an  offence  punishable  with  death, 
or  confinement  in  the  penitentiary,  has  been  indicted  as  a  fugitive  from  jus- 
tice and  has  been  absent  for  two  years  ;  where  wilful  desertion  or  abandon- 
ment for  five  years ;  where  at  the  time  of  the  marriage,  without  the  knowl- 
edge of  the  husband,  the  wife  was  enciente  by  some  person  other  than  the 
husband  :  or,  prior  to  the  marriage  has  been,  without  the  knowledge  of  the 
husband,  notoriously  a  prostitute,  such  divorce  may  be  decreed  the  husband, 
but  not  if  he  cohabit  with  her  after  knowledge  that  she  was  enceinte  or  had 
been  such  prostitute  ;  or  to  either  party,  if  he  or  she  knew  of  conviction  of 
other  party  of  infamous  offence  ^.nd  has  since  cohabited  with  such  other 
party. 

Court  may  restrain  guilty  party  from  marrying  again. 

Evidence. — When  one  of  the  original  parties  to  a  contract  is  dead  or  in- 
sane or  otherwise  incompetent,  the  other  party  shall  not  be  admitted  to  tes- 
tify in  his  own  favor,  or  in  favor  of  any  other  party  having  an  interest  ad- 
verse to  that  of  the  party  so  incapable  of  testifying,  unless  he  shall  be  called 
to  testify  on  behalf  of  such  last  mentioned  party.  For  certain  other  excep- 
tions see  Code  1887-8. 

"Witnesses  not  incompetent  because  of  interest. 

Executions — May  issue  at  once  for  special  cause  shown  to  the  court,  and 
after  the  fifteenth  day  of  the  term  any  court  may  make  an  order  allowing 
execution  to  issue  on  judgments  and  decrees  after  ten  days  from  their  date. 
It  must  be  returned  on  the  first  day  of  a  term  of  court,  or  first  Monday  of  a 
month,  as  the  time  of  issuing  the  execution  may  make  it  most  convenient, 
provided  that  not  more  than  ninety  days  intervene  between  the  teste  and  the 
return  day  of  the  process.  Executions  from  justices'  courts  may  issue  forth- 
with, but  stay  may  be  had  on  furnishing  proper  security — over  ten  dollars 
and  under  twenty  dollars,  forty  days  ;  twenty  dollars  to  thirty  dollars,  sixty 
days ;  and  over  thirty  dollars,  ninety  days.  There  is  no  stay  in  the  upper 
courts,  and  no  redemption  of  property  sold  under  execution. 

Exemptions. — Homestead  exemption  of  householder,  being  the  head  of  a 
family,  to  the  value  pf  $2,000,  which  may  be  either  real  or  personal  property; 
also  books  to  the  value  of  $100,  wearing  apparrel,  beds,  stoves  and  household 
utensils,  sewing  machines,  certaiia  domestic  animals,  and  mechanics'  tools 
not  exceeding  6100  in  value. 

Garnishment. — The  writ  of  fieri  facias  is  a  lien  on  all  the  personal  prop- 
erty of  the  judgment  debtor.  Any  person  indebted  to  him  may  be  sum- 
moned upon  a  suggestion  of  the  judgment  creditor,  to  appear  and  answer. 
If  it  appear  that  there  is  a  liability  upon  him  to  pay  any  debt  or  deliver  any 
property  to  the  judgment  debtor,  the  court  may  order  such  payment  or  de- 
livery to  its  officer. 


812  VIRGINIA. 

Interest. — The  rate  of  interest  can  in  no  case  exceed  six  per  cent.,  except 
(III  loans  to  certain  corporations.  Lenders  forfeit  all  interest  in  case  of 
usury.  Judgments  bear  six  per  cent,  interest.  Corporations  cannot  plead 
usury. 

Judgments — Create  liens  on  all  the  real  estate  of  the  debtor  from  the  first 
day  of  the  term  at  which  the  judgment  was  rendered ;  but,  as  against  a  pur- 
chaser for  valuable  consideration  without  notice,  it  is  not  a  lien  unless  dock- 
eted in  the  county  or  cori)oration  where  such  real  estate  lies  within  twenty 
days  after  date  of  judgment,  or  fifteen  days  before  conveyance  to  the 
purchaser. 

Justices  of  the  Peace — Have  jurisdiction  of  controversies  in  which  the 
amount  or  value  involved  does  not  exceed  $100.  If  claim  exceeds  twenty 
dollars,  it  may  be  removed  on  motion  of  defendant,  to  county  or  corporation 
court.  .Judgment  cannot  be  rendered  before  a  justice  exceirt  after  five  days' 
notice  to  defendant. 

Liens. — Vendor's  lien  for  unpaid  purchase  money  not  allowed  unless  ex- 
pressly reserved  ujion  face  of  conveyance. 

Mechanics'  lien  reserved  to  all  artizan.s,  builders,  mechanics,  lumber  deal- 
ers, and  other  persons  performing  labor  about  or  furnishing  material  for  any 
building  or  structure.      See  Code  of  1887,  chap.  110. 

All  conductors,  brakesmen,  engine  drivers,  firemen,  captains,  stewards, 
pilots,  clerks,  depot  or  ofiice  agents,  store  keepers,  mechanics  or  laborers 
and  all  persons  furnishing  supplies  necessary  to  the  operation  of  any  rail- 
way, canal  or  transportation  company,  or  of  any  mining  or  manufacturing 
company  chartered  under  or  by  the  laws  of  this  state,  or  doing  business 
within  its  limits,  have  a  prior  lien  on  the  franchise,  gross  earnings,  and  on 
all  the  real  and  personal  property  of  said  company  used  in  operating  same. 

Every  mechanic  who  shall  alter  or  repair  any  article  of  personal  property 
at  the  request  of  the  owner  of  such  property,  has  a  lien  thereon  for  his  just 
and  reasonable  charges  therefor,  and  naay  retain  possession  of  said  article 
until  such  charges  are  paid. 

Inn  keepers'  lien  is  upon  baggage  and  effects  of  boarder  for  amount. 

'Attorneys  at  law  have  a  general  lien  on  papers  and  documents  which  come 
into  their  j^ossession  in  the  course  of  their  jirofessional  employment. 

Limitation  of  Suits. — For  articles  charged  in  store  accounts,  two  years  ; 
on  any  contract  not  in  writing  other  than  store  account,  three  years  ;  con- 
tracts in  writing  not  under  seal,  five  years  ;  upon  indemnifying  or  fiduciary 
"bonus,  ten  years  ;  all  other  contracts  under  seal,  ten  years  ;  recovery  of 
lands  in  case  of  forcible  entry,  unlawful  entry  or  unlawful  detainer,  three 
years  ;  in  other  actions  for  lands,  fifteen  years  when  situated  east  of  the  Al- 
legheny mountains,  and  ten  years  when  situated  west  of  those  mountains. 
Revivor  :  !N^ew  promise  in  writing,  or  written  acknowledgment  of  a  specific 
debt  from  wliich  a  promise  may  be  implied  ;  part  payment  not  sufficient. 

Limited  Partnerships — For  the  transaction  of  mercantile,  mechanical  or 
manufacturing  business,  and  not  for  the  purpose  of  blinking  brokerage,  or 
making  insurance,  may  be  formed  upon  the  terms  and  subject  to  the  condi- 
tions an<l  liabilities  prescribed  in  chap.  l;35,  Code  of  1887.  For  partnership 
associations,  see  same  chapter. 

Married  Women. — The  real  and  personal  property  of  a  woman  married 
since  April  4,  1877.  owned  by  her  at  the  time  of  such  marriage,  and  any  proj  - 
erty,  real  or  personal,  acquired  by  a  married  woman  as  separate  property  or 
as  sole  trader,  is  free  from  the  control  of  her  husband,  and  is  not  liable  for 
his  debts.     Widow  takes  dower  as  at  common  law. 


VIRGINIA.  813 

Mechanics'  Liens.— (See  Liens.) 

Minors. — The  age  of  majority  for  both  sexes  is  twenty-one  years.  A  will 
of  personalty  may  be  made  at  the  age  of  eighteen  years  ;  a  w  ill  of  real  estate 
cannot  be  made  until  the  testator  has  attained  the  age  of  twenty-one  years. 

Mortgages — Are  superseded  by  deeds  of  trust,  which  may  be  foreclosed 
by  the  trustees  without  the  intervention  of  a  court  of  equity.  Such  deeds 
may  be  given  for  both  realty  and  personalty,  and  in  either  case  must  be 
recorded. 

Notes  and  Bills  of  Exchange- — Every  promissory  note  or  check  for  money 
payable  in  this  state  at  a  particular  bank,  or  at  a  particular  office  thereof  lor 
discount  and  dejjosit,  or  at  the  place  of  business  of  a  savings  institution  or 
savings  bank,  or  at  the  place  of  business  of  a  licensed  broker  or  banker,  and  ^ 
every  inland  bill  of  exchange  payable  in  this  state,  is  deemed  negotiable,  and 
upon  being  dishonored  for  non-acceptance  or  non-payment,  may  be  protested. 
Protest  is  prima  facie  evidence  of  what  is  therein  stated. 

Where  a  bill  of  ex(;hange,  drawn  or  endorsed  within  this  state  is  protested, 
the  party  liable  for  the  principal  of  such  bill,  shall  in  addition  pay  damages 
upon  the  principal  at  the  rate  of  three  percent,  if  the  bill  be  payable  out  of 
Virginia  and  within  the  United  States,  and  ten  percent,  if  payable  out  of  the 
United  States. 

All  bills,  acceptances,  etc.,  maturing  on  legal  holidays,  are  presentable  fur 
acceptance  or  payment  on  the  day  next  preceding  such  holiday. 

Practice — Is  as  at  common  law.  except  so  far  as  modified  by  statute. 

Proof  of  Claims, — No  writ  of  inquiry  necessary  in  an  action  of  debt  ui)on 
any  bond  or  other  writing  for  the  payment,  or  against  the  drawer  or  endorser, 
of  a  bill  of  exchange  or  negotiable  note,  or  in  action  of  debt,  scire  facias 
upon  a  judgment  or  recognizance,  or  in  any  action  of  assumpsit ;  j^'^ovided, 
that  with  the  summons  is  served  a  certified  copy  of  the  account  upon  which 
the  action  is  brought.  This  does  not  apply  to  any  action  of  assumpsit 
where  process  is  served  by  publication. 

In  an  action  of  assumpsit  on  a  contract,  express  or  implied,  for  the  ])ay- 
ment  of  money  (except  where  process  has  been  served  by  publication),  if 
plaintift"  file  with  his  declaration  an  affidavit,  made  by  himself  or  his  agent. 
statmg  that  a  certain  amount  is  justly  due  by  defendant,  and  the  time  from 
which  interest  is  claimed,  no  plea  in  bar  shall  be  received,  unless  defendant 
file  with  his  plea  the  affidavit  of  himself  or  his  agent  that  plaintiiF  is  not- 
entitled,  as  affiant  verily  believes,  to  recover  anything  from  defendant  on 
such  claim,  or  stating  a  sum  certain  less  than  that  set  forth  in  plaintiff's 
affidavit,  which,  as  affiant  verily  believes,  is  all  that  plaintitt"  is  entitled  to 
recover  on  such  claim.  If  such  plea  and  affidavit  be  not  filed,  judgment 
shall  be  for  plaintiff  for  amount  claimed  in  affidavit  filed  with  declaration. 
If  such  plea  and  affidavit  be  filed,  and  affidavit  admits  that  plaintiff  is  en- 
titled to  recover  from  defendant  a  sum  certain  less  than  that  stated  in  affi- 
davit filed  by  plaintiff,  judgment  may  be  taken  for  amount  so  admitted  to 
be  due  and  case  be  tried  as  to  residue.     Code  1887,  eh.  139. 

Recording. — See  generally  Code  of  1887,  chapters  90  and  92,  and  title 
Deeds,  supra. 

Replevin. — Action  of  replevin  abolished.  Its  equivalent,  however,  exists 
in  the  right,  in  actions  of  detinue,  to  take  possession  of  the  property  sued 
for,  upon  giving  bond  and  security  ;  so  with  property  levied  on  or  seized 
under  an  attachment,  possession  may  he  retained  by  defendant  upon  furnish- 
ing a  forthcoming  bond. 


814  VIRGINIA. 

Revision  of  Code  and  Statutes — Pursuant  to  act  of  March  18, 1884,  now 

completed,  and  the  code  of  1887,  as  revised,  adopted  by  the  general  assembly 
as  a  single  act,  to  take  effect  February  1st,  1888. 

Revivor. — (See  Limitations.) 

Seal. — (See  Deeds.) 

Security  for  Costs.— ( -See  Costs.) 

Stay  of  Execution. — There  is  no  stay  of  execution  except  in  the  case  of 
small  claims,  and  except  when  a  paily  desires  to  petition  for  an  appeal,  in 
which  case  execution  on  the  judgment  or  decree  is  suspended,  on  his  giving 
security,  for  a  period  not  usually  more  than  sixty  days.  But  after  execution 
reaches  the  hands  of  the  officer  he  may  take  from  the  debtor  a  bond,  with 
'  good  security,  conditioned  for  the  forthcoming  of  the  property  at  the  day 
and  place  of  sale. 

Trust  Deeds.— (*See  Mortgages.) 

Supplementary  Proceedings. — The  writ  of  fieri  facias  being  a  lien  on 
the  personal  property  of  the  judgment-debtor,  interrogatories  may  be  filed 
with  a  commissioner  of  the  court  to  compel  debtor  to  disclose  on  oath  what 
property  he  has.     (See  Garnishment.) 

Taxes.— See  Code  of  1887,  chapters  23  and  24. 

Wills. — Every  person  of  sound  mind,  over  the  age  of  twenty-one  years, 
and  not  a  married  woman,  may  make  a  will ;  and  a  married  woman  may  do 
so,  as  to  her  separate  estate  and  in  exercise  of  a  power  of  appointment. 
(See  title  Minors.) 

No  will  shall  be  valid  unless  in  writing  and  signed  by  the  testator,  or  by 
some  other  person  in  his  presence,  and  by  his  direction,  in  such  manner  as 
to  make  it  manifest  that  the  name  is  intended  as  a  signature  ;  and,  moreover, 
unless  it  be  wholly  written  by  the  testator,  the  signature  shall  be  made  or 
the  will  acknowledged  by  him  in  the  presence  of  at  least  two  competent 
witnesses,  present  at  the  same  time  ;  and  such  witnesses  shall  subscribe  the 
will  in  the  presence  of  the  testator,  but  no  form  of  attestations  shall  be 
necessary.  The  testimony  of  non-resident  witnesses  may  be  taken  by 
deposition.  All  parties  interested  may  be  summoned  by  the  propounder  of 
the  will,  non-residents  by  publication.  Those  not  summoned  and  made 
parties  to  the  proceeding  may,  within  two  years  after  probate  or  refusal,  file 
a  bill  to  impeach  or  establish  the  will. 


VIRGINIA. 


815 


ATTORNEYS  IN  VIRGINIA. 


Bold  Face  Type  denotes  county  seats,       A  dash  (— )  less  than  100  population. 
Figures  after  names,  when  admitted  to  the  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (J)  our  Compiler  of  Laws. 
A  dagger  (t)  former  recommendation  witlidrawn. 


PLACE. 

COUNTY. 

NAMES  OF  ATTORNEYS. 

popula'n. 

Abingdon 

Washington 

DAN'L  T.  CAMPBELL, 

'83.    1,250 

Accomac 

Accomac 

Giinter  &  Blackstone. 

50() 

Alexandria 

Alexandria 

A.  W.  Armstrong. 

13,658 

Amelia 

Amelia 

G.  J.  Handley. 

250 

Amherst  C  H 

Amherst 

C.  L.  Scott. 

— 

Appomattox 

Appomattox 

R.  B.  Poore. 

130 

Berryville 

Clarke 

M.  Mccormick. 

1,200 

Blaoksburg 

Montgomery 

Chas.  A.  Ronald. 

1,000 

Bland 

Bland 

Williams  Bros. 

600 

Bowling  Green 

Caroline 

A.  B.  Chandler. 

600 

Boydton 

Mecklebiirg 

Wm.  E.  Homes. 

482 

Brentsville 

Prince  William 

CHAS.  E.  NICOL,  '75. 

100 

Buckingham 

Buckingham 

W.  M.  Cabell. 

400 

Charlottesville.      Albemarle  County.      Population  5,000 

DAVIS  &  HARMON.    Reference,  without  permission, 
Peoj^les'  Bank  and  Bradstreets  Mercantile  Agency. 


Chatham 
Christiansburgh 
Covington 
Culpeper 

Danville ' 

Dinwiddie 

Eastville 

Estillville 

Fairfax 

Farmville 

Tincastle 

Fredericksburgh 

Front  Royal 

Gloucester 

Goochland 

Gordonsville 

Grundy 

Halifax 

Hampton 

Hanover 

Harrisonburgh 

Heathsville 


Pittsylvania 
Montgomery 
Allegheny 
Culpeper 

Pittsylvania 

Dinwiddie 

Northampton 

Scott 

Fairfax 

Prince  Edward 

Botecourt 

Spottsylvania 

Warren 

Gloucester 

Goochland 

Orange 

Buchanan 

Halifax 

Elizabeth  City 

Hanover 

Rockingham 

Northumberland 


(^See  Danville.) 
PHLEGAR  &  JOHNSON. 
R.  L.  Parrish. 
H(fti.  D.  A.  Grimsley. 
BERKELEY,  Jr.  (L.  C), 

&  HARRISON  (JAS.  P.) 
Hon.  I.  E.  Branch. 
W.  T.  Fitchett. 
R.  A.  Ayers. 
H.  W.  Thomas. 
R.  B.  Berkeley. 
J.  H.  H.  Figgat. 
Little  &  Little. 

E.  H.  JACKSON,  '80. 
B.  F.  Bland. 

Pettit  &  Leake. 
P.  P.  Barbour. 

F.  H.  Evans. 
Bouldin  &  Easley. 
M.  J.  Hughes. 

R.  C.  Peotress. 

G.  Eastliam. 
L.  Smith. 


800 

776 

550 

1,800 

7,526 

100 
307 
500 
400 

2,058 
900 

5,010 

1,200 
500 
100 

1.850 
300 
621 

2,648 
50 

3,000 
512 


816 

VIRGINIA. 

PLACE. 

COUNTY. 

NAMES   OF   ATTORNEyS,      POPULA'n. 

Hicksford 

Greenville 

W.  S.  Goodwyn. 

350 

Hillsville 

Carroll 

D.  W.  Bolen. 

297 

Independence 

Grayson 

J.  W.  Hackler. 

186 

Jerusalem 

Southampton 

W.  H.  Parker. 

300 

Jonesville 

Lee 

Duncan  &  Pennington. 

277 

Lancaster 

Lancaster 

T.  G.  Curbell. 

150 

Lawrenceville 

Brunswick 

Benj.  Lewis. 

500 

Lebanon 

Russell 

H.  A.  Routh. 

250 

Leesbnrgh 

Loudoun 

E.  Nichols. 

1,800 

Lexington 

Rockbridge 

SAM'L  J.  GRAHAM. 

3,000 

Liberty 

Bedford 

Burks  &  Burks. 

2,500 

Louisa 

Louisa 

F.  V.  Winston. 

400 

Lovingston 

Nelson 

Robt  Whitehead. 

300 

Luray 

Page 

WALTON  &  BRO. 

1,000 

Lychburg 

Campbell 

John  W.  Daniel. 

23,000 

Madison 

Madison 

Kemper  &  McMullen. 

500 

Manchester 

Chesterfield 

David  L.  PuUiam. 

5,729 

Marion 

Symth 

John  P.  Shefifey. 

1,500 

Martinsville 

Henry 

H.  G.  Peters. 

3,500 

Mathews 

Mathews 

John  B  Donovan. 

250 

Montrose 

Westmoreland 

C.  C.  Baker. 

200 

Newbern 

Pulaski 

I.  H.  Larew. 

400 

New  Castle 

Craig 

P.  B.  Abbott. 

500 

New  Kent 

New  Kent 

W.  L.  Barnes. 

100 

Norfolk 

Norfolk 

NEELEY  &  SELDNER. 

30,000 

Nottoway 

Nottoway 

Hon.  W.  H.  Mann. 

173 

Orange 

Orange 

James  L.  Kemper. 

1,200 

Palinjnra 

Fluvanna 

A.  A.  Gray. 

100 

Pearisburgh 

Giles 

James  B.  Peck. 

300 

Petersburg 

Dinwiddle 

S  CHAS.  F.  COLLIER,  '48. 
}  W.  P.  McRAE. 

22,000 

Portsmouth 

Norfolk 

V.  0.  Cassell  &  Son. 

15,078 

Powhatan 

Powhaton 

W.  B.  Smith. 

175 

Richmond.  Henrico  County. 

Walter  E.  Addison,  '85. 


Population  63,803 


A.  B.  Guigon.  911  Main  Street. 

See  Qard  in  Appendix,  page  xxv. 

fSands  (Wm.  H.)  &  Bryan  (George)  llth  &  Banks  Sts. 

8ee  Card  in  Appendix,  page  xxv. 


Rocky  Mount 

Franklin 

Dennis  &  Saunders. 

Rustburgh 

Campbell 

Frank  Nelson. 

Salem 

Roanoke 

Stables  &  Logan. 

Saluda 

Middlesex 

L.  C.  Bristow 

Smithville 

Charlotte 

M.  M.  Martin. 

Spottsylvania 

Spottsylvania 

A.  B.  Rawlings. 

Stafford 

Stafford 

C.  A.  Bryan. 

Stanardsville 

Greene 

J.  T.  Bray. 

Staunton 

Augusta 

5  A.  C.  BRAXTON. 
}  WHITE  &  GORDON 

Stuart 

Patrick 

P.  Bouldim,  Jr. 

Suffolk 

Nansemond 

W.  J.  Kilby. 

Surry 

Surry 

A.  C.  Garrett. 

Tappahannock 

Essex 

Thos.  Croxton. 

TazeweU 

Tazewell    • 

A.  J.  &  S.  D.  May. 

Warm  Springs 

Bath 

Wm.  M.  McAllister. 

742 
300 

1,759 
250 
500 
500 

2,500 
350 

6,665 

1,000 
2,500 
290 
600 
720 
250 


i 


VIRGINIA. 


817 


PLACE.  COUNTY.  NAMES  OF  ATTORNEYS.      POPULA'n. 

Warrenton  Fauquier  W.  11.  Payne.  1,4G4 

Warsaw  Riclimond  Jones  &  Son.  '200 

Washington  Rappahannock  F.  P.  Carter.  350 

West  Point  Kin<;-  "William  H.  I.  Lewis.  3  000 

Williamsburgh  James  City  R.  T.  Armistead.  I'oOO 

Winchester  Frederick  BARTON  &  BOYD.  4908 

Wise  C  H  Wise  E.  M.  Fulton.  'l75 

Woodstock  Shenandoah  WALTON  &  WALTON  1  384 

Wythe ville  Wythe  W.  S.  Poage.  2' 500 

Yorktown  York  J.  F.  Hubbard.  300 


818 


VIRGINIA. 


BANKS    IN    VIRGINIA. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  ot  one 
bank  in  each  county  of  tliis  state  in  wliich  sucli  a  banking  institution  is  located. 


PAID  UP 

PLACE. 

NAME   OF    BANK. 

CASHIER. 

CAPITAL, 

Abingdon 

Bank  of  Abingdon 

J.  S.  O'Neale. 

6175,025 

Alexandria 

First  National  Bank 

Chas.  R.  Hoof. 

100,000 

Amelia  0  H 

Planter's  Bank 

John  A.  Wallace. 

31,800 

Amherst  C  II 

Bank  of  Amherst 

F.  J.  Harris. 

15,000 

Berryville 

Bank  of  Clarke  County 

J.  R.  Nunn. 

20,000 

i351acksburg 

Conway  &  Hubbert 

4,000 

Blackstone 

Citizens'  Bank 

W.  H.  Bridgeforth. 

18,655 

Boydton 

Bank  of  Mecklenburg- 

C.  N.  Williams. 

14,350 

Bridgewater 

Farmers'  Bank 

J.  S.  Loose. 

10,000 

'Charlottesville  Peoples'  National  Bank 

Chas.  H.  Harman. 

50,000 

■Chase  City 

Bank  of  Chase  City 

R.  G.  Maddux. 

5,000 

Chatham 

Chatham  Savings  Bank 

Richard  White. 

13,500 

•Culpeper 

Rixey  Bros 

5,000 

Danville 

Commercial  Bank 

J.  L.  Waring. 

100,000 

Farmville 

Planters'  Bank 

W.  G.  Venable. 

46,000 

Fincastle 

Bank  of  Fincastle 

Jas.  God-win. 

16,000 

-Franklin 

Vaughn  &  Co 

C.  C.  Vaughn,  Jr. 

10,000 

Fredericksburg  Nat  Bank  of  Fredericksb'g 

John  A.  Taylor. 

50,000 

Front  Royal 

Front  Royal  Nat  Bank 

Jas.  H.  French. 

50,000 

Harrisonburg 

First  National  Bank 

C.  C.  Straver. 

66,000 

Leesburg 

Loudoun  National  Bank 

A.  DibrelL 

100,000 

Lexington 

Bank  of  Lexington 

C,  M.  Figgats. 

71,200 

Liberty 

Bank  of  Bedford 

T.  J.  Matthews. 

27,000 

Luray 

J  V.  Jamison 

20,000 

Lynchburg 

Lynchburg  National  Bank 

Peter  J.  Otey. 

250,000 

Marion 

Bank  of  Marion 

E.  H.  Copenhaver. 

57,100 

Martinsville 

The  Henry  County  Bank 

J.  A.  Brown. 

15,000 

Mt  Jackson 

Mt  Jackson  Nat  Bank 

J.  F.  S.  Good, 

50,000 

Norfolk 

Norfolk  National  Bank 

C.  Hardy. 

400,000 

Petersburg- 

Nat  Bank  of  Petersburg 

C.  R.  Bishop. 

100,000 

Portsmouth 

Bank  of  Portsmouth 

E.  A.  Hatton. 

51,000 

Richmond 

First  National  Bank 

H.  C.  Burnett. 

600,000 

Roanoke 

a                 it               i( 

J.  W.  Shields,  Jr. 

100,000 

Rocky  Mount 

Franklin  Bank 

G.  H.  T.  Greer. 

10,130 

Salem 

Farmers'  Nat  Bank 

Jas.  Chalmers. 

75,000 

Smithfield 

Farmers'  &  Merc'ts'  Sav  Bk  K.  K.  Chapman. 

5.000 

Smithville 

Charlotte  Banking  &  Ins  Cc 

)  R.  Catlett. 

5,000 

So  Boston 

Planters'  &  Merchants'  Bk 

H.  Easley. 

61,000 

Staunton 

Augusta  National  Bank 

W.  P.  Tarns. 

100,000 

Suffolk 

Farmer's  Bk  of  Nansemond  W.  H.  Jones,  Jr. 

20,000 

Winchester 

Shenandoah  Valley  Nat  Bk 

J.  W.  Rice. 

100,000 

Wytlieville 

Farmers'  Bank  of  S  W  Va 

V.  C.  Huff. 

100,000 

TERRITORY  OF 

WASHINQTON. 

SUMiMAKY   OF 

CoivivKCTioN    Laws. 

Court  Calendak,  instructions  for  taking   Dk;positions,  IjEGai.  Forms,  Etc. 
Expressly  Prepareb  and  Revised  to  J^ov.  1st,  1S87,  for  "Showers' 
Legal  Directory  and  Merchants'  Guide."  for  1888,  by 
Edgar  Lejiman,  of  the  Walla  Walla  Bar, 

Acknowledgments. — Deeds  must  be  in  M'riting,  and  attested  by  two  wit- 
nesses. Aekuowledgmeuts  may  be  taken  by  a  judge  of  the  supreme  court, 
or  clerk  thereof,  or  the  deputj^  of  such  clerk ;  judge  of  the  district  court,  or 
a  clerk  thereof,  or  the  deputy  of  such  clerk  ;  judge  of  the  jirobate  court,  jus- 
tice of  the  peace,  county  auditor,  or  a  deputy  t)f  such  auditor,  or  a  notary 
public.  Acknowledgments  of  deeds  or  conveyances  may  be  executed  or  ac- 
knowledged in  any  other  state  or  territory  of  the  United  States,  in  the  form 
prescribed  for  executing  and  acknowledging  deeds  within  the  territory,  and 
the  execution  thereof  may  be  acknowledged  before  any  officer  authorized 
thereto  in  the  state  or  territory  wherein  the  acknowledgment  is  taken,  or  be- 
fore any  commissioner  appointed  by  the  governor  of  this  territory  for  such 
purpose;  and  if  not  •acknowledged  before  a  commissioner  for  this  territory, 
or  a  clerk  of  a  court  of  record,  or  notary  jjublic,  or  other  officer  having  a  seal, 
said  acknowledgment  shall  have  attached  thereto  a  certificate  of  a  clerk  of  a 
court  of  record,  or  other  certifying  officer,  that  the  person  whose  name  is 
subscribed  to  certificate  was,  at  the  date  thereof,  such  officer  as  he  repre- 
sents himself  to  be ;  that  he  is  authorized  by  law  to  take  acknowledgments 
of  deeds,  and  that  he  verily  believes  the  signature  of  the  person  subscribed 
thereto  to  be  genuine  ;  in  any  foreign  country,  before  any  minister  plenipo- 
tentiary, charge  d'aft'aires,  consul-general,  vice-consul  or  commercial  agent 
of  the  United  States,  or  before  the  proper  officer  of  any  court  of  said  coun- 
try, or  the  mayor  or  chief  magistrate  of  a  city,  town  or  other  municipal  cor- 
poration therein,  and  must  be  certified  by  such  officer,  under  his  official  seal, 
if  any  he  has;  and  such  certificate  shall  recite,  in  substance,  that  the  instru- 
ment was  acknowledged  by  the  person  or  persons  whose  name  or  names  are 
signed  thereto  as  grantors  or  principal,  before  him  as  such  officer,  with  the 
date  of  such  acknowledgment ;  and  such  certificate  shall  be  j^/'iwa/'a'/e  evi- 
dence of  the  facts  recited  therein. 

Actions. — All  distinctions  in  fonns  of  actions  and  suits  are  abolished. 

Every  action  must  be  prosecuted  in  the  name  of  the  real  party  in  interest, 
except  that  an  administrator,  executor,  guardian  or  trustee  of  an  express 
trust  may  sue  without  joining  the  person  for  whose  benefit  the  action  is 
prosecuted. 

A  trustee  of  an  express  trust  shall  be  construed  to  include  a  person  with 
whom,  or  in  whose  name,  a  contract  is  made  for  the  benefit  of  another. 

The  widow  and  children  (or  children,  if  no  widow)  of  a  man  killed  in  a 

[Wash.  T.  1.] 


8i0  WASHINGTON   TERRITORY. 

duel  shall  have  a  right  of  action  against  the  slayer,  and  against  the  seconds 
and  all, aiders  and  abettors,  for  damages,  such  as  a  jury  may  deem  reason- 
able. And  in  all  cases  where  the  death  of  a  person  is  caused  by  the  wrong- 
ful act  or  neglect  of  another,  his  heirs  or  legal  representatives  may  maintain 
an  action  for  damages  against  the  person  causing  the  death,  and  the  jury  may- 
give  exemplary  damages. 

Every  husband,  wife,  child,  parent,  guardian,  employe  or  other  person 
who  shall  be  injured  in  person  or  property  by  any  intoxicated  person,  or  in 
consequence  of  the  intoxication,  habitual  or  otherwise,  of  any  person,  shall 
have  a  right  of  action  against  any  person  who,  by  selling  or  giving  intoxi- 
cating liquors,  may  have  caused  the  intoxication,  in  whole  or  in  part,  of  such 
person.  A  married  woman  may  bring  this  action  in  her  own  name  and  re- 
cover for  her  separate  use.  In  the  case  against  a  saloon-keeper,  a  lien  is 
given  against  tlie  premises  upon  which  the  liquor  is  furnished,  for  the  en- 
forcement of  the  judgment. 

Any  person  losnig  money  or  other  thing  of  value  at  gaming  shall  have  a 
right  of  action  to  recover  from  the  winner  the  amount  or  value  of  the  thing 
lost. 

Administration. — Estates  of  persons  dying  intestate  shall  be  administered 
upon  by  the  probate  court  upon  ajiplication  of  the  surviving  husband,  or 
wife,  or  such  person  as  he  or  she  may  request  to  have  appointed.  To,  the 
next  of  kin  in  the  following  order:  1.  Child  or  children.  2.  Father  or 
mother.  S.  Brothers  or  sisters.  4.  Grandchildren.  To  one  or  more  of  the 
principal  creditors.  Provided,  that  if  no  petition  for  letters  of  administra- 
tion are  presented  within  forty  days  after  death  of  the  intestate,  then  the 
probate  court  may  appoint  any  competent  person  to  administer  sucli  estate. 
Api^lication  for  letters  of  administration  shall  be  made  by  petition  in  writing, 
signed  by  the  applicant,  or  his  attorney,  setting  forth  facts  essential  to  giving 
the  court  jurisdiction  of  the  case,  accompanied  with  an  affidavit,  stating  the 
names  of  the  heirs  of  the  deceased  and  their  places  of  residence,  and  that 
the  deceased  died  without  a  will. 

Upon  such  application  for  letters  of  administration,  notice  must  be  given 
by  causing  notices  to  be  posted  in  three  public  places  in  the  county,  one  of 
which  must  be  at  the  place  where  the  court  is  held,  containing  the  name  of 
the  decedent,  name  of  the  applicant,  and  the  time  at  which  the  applicant 
will  be  heard.  Such  notice  must  be  given  at  least  ten  days  before  hearing. 
Upon  the  appointment  of  the  executor,  or  administrator,  he  shall  have  pub- 
lished, in  some  newspaper  printed  in  the  county,  a  notice  to  creditors  of  the 
deceased,  requiring  all  persons  having  claims  against  the  deceased  to  present 
them,  supported  by  affidavit,  that  the  claim  is  correct  and  that  there  is  no 
off-sets  to  said  claim  to  the  knowledge  of  the  affiant;  such  notice  shall  be 
published  not  less  than  once  each  week  for  four  weeks.  If  the  claim  be  not 
presented  within  one  year  from  the  first  publication  of  the  notice  it  is  barred. 

Wills  shall  be  proved  and  letters  testamentary,  or  of  administration,  shall 
be  granted :  1.  In  the  county  of  which  deceased  was  a  resident  or  had  his 
place  of  abode  at  the  time  of  his  death.  2.  In  the  county  in  which  he  may 
have  died,  leaving  estate  therein,  and  not  being  a  resident  of  the  territory. 
3.  In  the  county  in  which  any  part  of  his  estate  may  be,  he  having  died  out 
of  the  territory  and  not  having  been  a  resident  thereof  at  the  time  of  his 
death.  Every  person  to  whom  letters  testamentary,  or  of  administration, 
are  directed  to  issue,  must  execute  a  bond  to  the  territory  of  "Washington, 
with  two  or  more  sureties,  to  be  approved  by  the  probate  judge,  in  a  sum 
not  less  than  double  the  value  of  the  personal  property,  and  twice  the 
amount  of  the  probable  annual  rents  of  the  real  estate.  Wills  providing  for 
the  settlement  of  the  estate  without  the  assistance  of  the  probate  court,  it 
shall  not  be  necessary  to  take  out  letters  testamentary,  or  of  administration, 
except  to  admit  to  probate  such  will  in  the  manner  provided  by  law. 

AfB.davitS. — May  be  taken  before  the  following  officers  :  judges  of  the  dis- 
trict courts  or  their  clerks,  judges  of  probate,  justices  of  the  peace,  notaries 
public  and  auditors  of  counties. 
[Wash.  T.  2.] 


WASHINGTON   TERRITORY.  821 

Aliens. — Who  have  not  declared  their  hitention  to  become  citizens  of  the 
United  [States  cannot  acquire  or  hold  real  estate,  except  that  acquired  by  in- 
heritance, or  in  good  faith  in  the  ordinary  course  of  business  m  collecting 
debts.     Existing  titles  to  property  arc  not  att'ected. 

Appeals. — Any  i)orson  desiring  to  remove  a  cause  from  any  district  court, 
may  do  so,  either  in  person  or  by  his  attorney,  in  the  following  manner : 
Notice  may  be  given  in  open  court,  or  at  chambers,  that  he*  appeals  such 
cause  to  the  supreme  court  of  the  territory.  Such  notice  shall  be  entered  in 
the  journal  of  the  court,  anil  no  other  service,  or  notice  of  process  shall  be 
required  ;  thereupon  the  clerk  of  the  court  shall  make  and  ceitify  a  full  and 
complete  transcript  of  the  cause  appealed,  including  the  journal  entries 
thereunto  appertaining,  and  cause  such  transcript  to  be  filed  with  the  clerk 
of  the  supreme  court,  within  the  time  allowed  by  law ;  and  thereupon,  the 
supreme  court  shall  have  complete  and  perfect  jurisdiction  of  such  cause.  A 
state  of  facts  may  be  agreed  to  by  the  attorneys,  and  signed  by  the  court, 
upon  thirty  days'  notice  being  given  the  opposite  party.  If  a  disagreement 
occurs,  the  court  or  judge  shall  settle  what  the  projjer  statement  is  as  be- 
tween the  parties.  The  supreme  court  shall  hear  and  detennine  all  causes 
removed  thereto,  upon  the  merits  thereof,  disregarding  all  technicalities.  The 
notice  of  appeal  may  be  given  at  anytime  within  six  months  after  the  rendi- 
tion of  the  judgment  order  or  decision  intended  to  be  removed  to  the  supreme 
court. 

Arrest. — Debtors  in  a  civil  action  may  be  arrested  by  order  of  the  court  in 
which  the  action  is  brought,  or  a  judge  of  the  supreme  court,  when  the  ac- 
tion arises  out  of  tort  or  upon  final  judgment  when  the  defendant  has  money 
which  he  might  apply  to  the  payment  thereof,  but  which  he  refuses  to  do, 
and  which  cannot  be  reached  by  execution.  The  plaintiff  must  make  affi- 
davit of  facts,  sufficient  to  allow  him  a  warrant  for  the  defendant,  and  exe- 
cutes a  bond  conditioned  to  pay  defendant  all  damages  adjudged  by  the  court. 
The  board  of  defendant  must  be  paid  by  plaintiff. 

Assignments. — All  creditors  are  alike  in  this  territory,  there  being  no  pre- 
ference to  any  class.  A  debtor  cannot  get  a  release  from  his  debts  by  the  con- 
sent of  a  majority  of  his  creditors.  When  the  assignment  embraces  all  the 
debtor's  property  u])cm  jtetition  to  district  court,  in  absence  of  fraud,  he  will 
be  discharged  from  all  his  debts. 

Attachment  and  Garnisliment. — Tlie  plaintiff,  at  the  time  of  commencing 
an  action,  may  have  the  property  of  the  defendant  or  defendants  for  the  satis- 
faction of  such  judgment  as  he  may  recover  attached,  by  filing  a  bond  or 
undertaking  with  two  or  more  sureties,  in  a  sum  not  less  than  three  hun- 
dred doUai's,  in  the  district  court ;  nor  less  than  fifty  dollars  in  a  justice's 
court,  and  double  the  amount  for  which  plaintiff  demands  jvidgment,  condi- 
tional that  the  plaintiff  will  prosecure  his  action  without  delay,  and  will  pay 
all  costs  that  may  be  adjudged  to  the  defendant,  and  showing  by  affidavit 
that  the  defendant  is  indebted  to  the  plaintift',  (specifying  the  amount  of  such 
indebtedness  over  and  above  all  offsets),  and  tliateither :  1st.  The  defendant 
is  a  foreign  corporation  ;  or  2d.  That  the  defendant  is  not  a  resident  of  the 
territory  ;  or  3d,  That  the  defendant  conceals  himself  that  the  ordinary  pro- 
cess of  law  can  not  be  served  u])on  him  ;  or  4th.  That  the  defendant  lias  ab- 
sconded or  absented  himself  from  his  visual  place  of  abode  in  this  territory, 
BO  that  the  ordinary  i)rocess  of  lawcamiot  be  served  upon  him  ;  or  5th.  That 
the  defendant  has  removed  or  is  about  to  remove  any  of  liis  property  from 
this  territory  with  intent  to  delay  or  defraud  his  creditors  :  or  0th.  That  the 
defendant  has  assigned,  .secreted  or  disposed  of,  or  is  about  to  assign,  secrete 
or  dispose  of,  any  of  his  jjroperty  witli  intent  todelay  or  defiaud his  creditors ; 
or  7th.  That  the  defendant  is  about  to  convert  his  property,  or  a  part  there- 
of, into  money,  for  the  jmrpose  of  placing  it  beyond  the  reach  of  his  credi- 
tors ;  or  8th.  That  the  defendant  has  been  guiltv  of  fraud  in  contracting  the 

[Wash.  T.  3.) 


822  WASHINGTON   TEKRITORY. 

debt  or  incurring  the  obligation  for  wliicli  the  action  is  brought ;  or  9th. 
That  the  damages  for  which  the  action  is  brought,  are  for  injuries  for  the 
commission  of  some  felony,  or  for  the  seduction  of  some  female. 

Bills  of  Exchange  and  Promissory  Notes.— (See  u^fotes  and  Bills  of 
Mxchange.) 

Chattel  Mortgages. — All  kinds  of  personal  property  may  be  mortgaged. 
All  mortgages  on  personal  property  must  be  accompanied  by  an  affidavit  of 
the  mortgagor,  that  it  is  made  in  good  faith  and  without  any  design  to  hin- 
der, delay  or  defraud  creditors,  and  must  be  acknowledged  and  recorded  in  the 
same  manner  as  is  required  by  law,  in  conveyances  of  real  property,  or  they 
will  be  void  against  the  mortgagee's  creditors  or  subsequent  purchasers. 

A  mortgage  of  personal  property  must  be  recorded  in  the  office  of  the 
county  auditor,  in  the  county  in  which  the  mortgaged  i^roperty  is  situated,  in 
a  book  kept  exclusively  for  that  purpose. 

Any  person  having  mortgaged  property,  who  shall  remove  the  same  from 
the  county  where  it  is  situated  at  the  date  of  the  mortgage,  before  it  is  duly 
released,  or  without  the  consent  in  writing  of  the  mortgagee,  shall  be  deemed 
guilty  of  a  misdemeanor;  (R.  C,  §  1999).  Any  mortgages  of  personal  pro- 
perty, when  the  debt  to  secure  which  the  mortgage  is  given,  is  due,  or,  if  the, 
debt  is  not  yet  due,  and  the  mortgagee  has  reasonable  ground  to  believe  that 
his  debt  is  insecure,  or  he  is  in  danger  of  losing  his  debt,  or  security  may  be 
foreclosed  by  notice  and  sale  ;  or  it  may  be  foreclosed  by  action  in  the  dis- 
trict court  in  the  county  in  which  the  property  is  situated. 

In  a  mortgage  of  personal  property  exempt  from  execution,  the  husband 
and  wife  must  join. 

Collections. — All  accounts  transmitted  for  collection,  should  be  made  out 
in  detail,  and  verified  by  the  oath  of  the  claimant.  All  accounts  bear  inter- 
est after  due,  whether  presented  or  not.  Accounts  against  the  estates  of  de- 
ceased persons  must  be  accompanied  by  the  affidavit  of  the  claimant,  to  the 
effect  that  the  amount  claimed  is  correct,  and  that  no  part  of  the  same  has 
been  paid.  That  in  all  judgments  or  promissory  notes,  and  similar  instru- 
ments in  writing,  whether  secured  by  mortgages  or  not,  an  attorney's  fee 
may  be  allowed  when  specifically  contracted  to  be  paid,  by  the  terms  of  the 
notes  or  mortgage,  nor  to  exceed  as  follows  ;  Five  per  cent,  on  all  sums  of" 
more  than  one  thousand  dollars,  and  less  two  ;  and  three  per  cent,  on  all 
sums  m  excess  of  two  thousand  dollars.  Provided  the  court  may  allow  a 
less  sum. 

Corporations. — Domestic  Corporations  may  be  formed  for  the  purposes  of 
manufacturing,  mining,  milling,  wharfing  and  docking,  meclianical,  bank- 
ing, merchantile,  improvement  and  building  purposes,  for  the  purpose  of 
building  and  running  railroads,  or  constructing  canals,  or  any  other  species 
of  trade,  by  two  or  more  persons,  who  shall  make  and  subscribe  articles  of 
incoi"poration  in  triplicate,  and  file  one  of  such  articles  with  the  secretary  of 
the  treasury,  another  in  the  county  auditor's  office  in  the  county  in  which 
the  company's  principal  place  of  business  is  located,  and  retain  the  third  in 
possession  of  the  company.  Said  articles  of  incorporation  must  contain  the 
name,  object,  amount  of  capital  stock,  the  time  of  its  existence,  not  to  ex- 
ceed fifty  years,  the  number  of  shares,  the  number  of  tiitstees  with  their 
names,  and  the  name  of  the  city  or  place  where  the  company  is  to  be  located. 
Three-fifths  of  the  stock  subscribed  must  be  paid  in  before  commencing 
business.  Each  stockholder  is  personally  liable  to  the  creditors  of  the  com- 
pany to  the  extent  of  what  remains  unpaid  upon  his  si^bscription  to  the  capi- 
tal stock  and  not  otherAvise,  except  stockholders  of  banks,  who  are  held  re- 
sponsible equally  and  notably  for  all  contracts  and  debts  accruing  while  they 
remain  stockholders,  to  the  extent  of  their  stock  therein,  in  addition  to  the 
amount  invested  in  each  share.  Corporations  for  a  college,  seminary,  church, 
library,  benevolent,  temperance,  charitable  or  scientific  society  may  be 
formed. 

[Wash.  T.  4.] 


WASHINGTON   TERRITORY.  823 

Foreign,  corporations  may  purchase,  hold,  and  dispose  of  real  and  persouai 
property,  and  transact  business  generally,  within  Washington  territory,  the 
same  as  tloniestio  corporations,  by  tirst  tiling  a  certititnl  copy  oi"  its  cliarter, 
or  its  certificate  of  incorporation,  in  tiie  olhce  of  the  secretary  of  the  treas- 
ury and  establishing  an  agent  in  the  territory,  to  reside  where  tlie  business 
of  the  corporation  is  to  be  carried  on.  A  duly  executed  appointment  of  the 
agent  by  the  corpoiation  must  be  filed  in  the  secretary  of  tlie  treasurer's 
office.  Corporations  may  appropriate  lands  to  their  own  use,  by  process  of 
law,  for  corporate  purposes.  No  corporation,  except  those  organized  for 
construction  or  operation  of  railroads,  canals,  or  turnpike,  are  permitted  to 
«>wn  more  than  five  thousand  acres  of  land  in  AVashington  territory.  Rail- 
roads can  not  hold  more  laud  than  is  necessary  for  the  operation  of  their 
business,  except  grants  made  by  Congress.  Disability  is  not  imposed  affect- 
ing laud  now  iwssessed. 

Costs. — When  the  plaintiff"  in  an  action  resides  out  of  the  district,  or 
county,  or  is  a  foreign  corporation,  the  defendant  may  demand  security  for 
costs  and  disbursements,  which  may  be  awarded  against  such  plaintiff; 
whereupon  all  proceedings  in  the  action  shall  be  stayed  until  a  bond,  exe- 
cuted by  two  or  more  qualified  persons,  be  filed  with  the  court,  conditioned 
that  they  will  pay  such  costs  and  disbursements  as  may  be  awarded  against 
the  plaintiff.  Either  plaintiff  or  defendant  removing  fi'om  the  county  or  dis- 
trict in  which  an  action  has  been  instituted,  may  be  required  to  furnish  a 
good  and  sufficient  bond  upon  demand  of  the  other  party,  conditioned  for 
the  payment  of  such  costs  that  may  be  taxed  against  him. 

Courts. — Terms  and  Jurisdiction  : 

Supreme  Court. — The  jurisdiction  of  the  supreme  court  extends  to  all 
Judgments  appealed  from  courts  of  record,  and  has  original  jurisdiction  over 
habeas  corjjus  cases. 

District  Courts. — Original  jurisdiction  is  given  to  the  district  courts  in  all 
actions  at  law  and  suits  in  admiralty  and  equity,  except  probate  matters  and 
forcible  entry  and  detainer.  They  also  have  supervision  of  matters  before 
probate  courts,  justices  of  the  peace,  and  other  inferior  tribunals,  by  man- 
damus, prohibition  and  certioi'ari.  Appellate  jurisdiction  extends  to  all 
judgments  appealed  from  inferior  courts. 

Probate  Courts. — Probate  courts  have  exclusive  original  jurisdiction  over 
matters  affecting  wills,  .settlement  of  decedents'  estates,  appointment  of 
guardians  for  orphans  and  persons  of  unsound  mind,  and  matters  of  probate 
generally. 

Justice  Courts. — Each  voting  i)recinct  is  entitled  to  one  justice  of  the 
peace,  who  is  elected  for  two  years,  and  must  liold  his  office  in  the  precinct 
in  which  he  is  elected.  Civil  jurisdiction  of  tlie  justices  of  the  peace  ex- 
tends to  all  acti(ms  wherein  the  am<>mit  (k)es  not  exceed  $300,  except  actions 
affecting  the  title  to  real  estate,  and  for  false  imprisonment,  libel,  slander, 
malicious  prosecution,  criminal  conversation  and  seduction,  and  action 
against  executors.  Criminal  jurisdiction  of  justices  of  the  jteace  extends  to 
misdemeanors  where  tlie  offense  is  not  punishable  by  imprisonment  or  by 
fine,  not  exceeding  $;?00.  In  otlier  crimes  and  misdemeanors  lie  acts  as  a 
committing  magistrate. 

Court  Calendar. — 

supremp:  court. 

Tprnis—Are  hold  annually  at  Olympia, commencing  the  1st  Monday  in  Jannary. 
PROBATK  COURTS. 

7V?v)i.?— Six  regular  torms  arc  hold  each  year,  coniraonoina;  rospcotively  on  tlie 
4th  Mondays  of  January,  March.  .May,  July,  Soi)teiut)er  and  November. 

[Wash.  T.o.) 


824  WASHINGTON   TERRITORY. 

DISTRICT  COURTS. 
Counties.  Where  Held.      Dist.  Time. 

Adams Sprague 4  1st  Mon.  of  May  and  Nov. 

Asotin Pomeroy 1  8d  Mon.  of  March  and  1st  Mon.  Oct. 

Uliehalis Chehalis 2  2d  Mon.  of  May  and  Sept. 

Clallam FortTownsend   .  d  4tli  Mon.  of  March  and  Oct. 

Clarke Victoria 2  1st  Mon.  of  April  and  2d  Mon.  Nov. 

Columbia    .  .  .   .Dayton     1  1st  Mon  of  Feb.  and  3d  Mon.  Sept. 

Cowlitz Cowlitz 2  4th  Mon.  of  April  and  Oct. 

Douglas Sprague 4  1st  Mon.  of  May  and  Nov. 

Franklin     ....  walla  Walla     .  .  1  2d  Mon  of  May  and  4th  Mon.  Nov. 

Garfleld Pomeroy     ....  1  3d  Mon.  March  and  1st  Mon.  Oct. 

Island Port  Townsend  .  3  4th  Mon.  of  March  and  Oct. 

Jeflferson     ....  Port  Townsend  .  3  4th  Mon.  of  March  and  Oct. 

King Seattle 3  1st  Mon.  of  Feb.  and  last  Mon.  of  May  and 

Aug. 

Kitsap Seattle 3  1st  Mon.  of  Feb.  and  last  Mon.  of  May  and 

Aug. 

Kittitass EUensburgh  .  .   .  4  4th  Mon  of  March  and  Sejit. 

Klikitat Goldendale    ...  4  4th  Mon.  of  April  and  Oct. 

Lewis Chehalis 2  1st  Mon.  of  May  and  3d  Mon.  Aug. 

Lincoln Sprague 4  1st  Mon.  of  May  and  Nov. 

Mason Olympia 2  1st  Mon.  of  June  and  Dec. 

Pacific Oysterville     ...  2  1st  Mon.  of  March  and  last  Mon.  of  Aug. 

Pierce Tacoma 2  4th  Mon.  of  Feb.,  June  and  Sept. 

San  Juau    .  .   .   .  Port  Townsend  .  3  4th  Mon.  of  March  and  Oct. 

Skagit La  Conner  ....  3  4th  Mon.  of  April  and  1st  Mon.  Dec. 

Skamania  .   .   .  .Victoria 2  1st  Mon.  of  April  and  2d  Mon.  Nov. 

Snohomish    .  .   .Snohomish    ...  3  3d  Mon.  of  May  and  Dec. 

Spokane  ....     Spokane 4  3d  Mon.  of  May  and  Nov. 

Stevens Colville 4  2d  Mon.  of  June. 

Thurston     .   .   .   .Olympia 2  1st  Mon.  of  June  and  Dec. 

Wahkiakum    .  .  Cowlitz 2  4th  Mon.  of  April  and  Oct. 

Walla  Walla    .   .  Walla  Walla     .   .  1  2d  Mon.  May  and  4th  Mon.  Nov. 

Whatcom   .  .   .   .Whatcom    ....  3  2d  Mon.  of  March  and  Oct. 

Whitman    ....  Colefax 1  2d  Mon.  June  and  Dec. 

Yakima Yakima 4  2d  Mon.  of  April  and  Oct. 

Deeds. — Deeds  must  l)e  in  writing,  signed  and  sealed  by  the  party  bound 
thereby,  witnessed  by  two  witnesses,  and  acknowledged  by  the  party  mak- 
ing it,  l)efoie  some  person  authorized  by  the  law.s  of  this  territory  to  take  ac- 
knowledgment of  deeds. 

The  property  and  pecu.niary  rights  of  every  married  person  at  the  time  of 
their  marriage,  or  afterward  acquired  by  gift,  devise,  or  inheritance,  with 
rents,  issues  and  profits  thereof,  shall  remain  his,  or  her,  separate  property, 
and  may  sell,  lease,  convey,  encumber,  or  devise  by  will,  such  property  as 
fully  and  to  the  same  effect  as  though  he,  or  she,  was  unmarried. 

All  notes,  bills,  bonds,  mortgages,  or  other  securities,  or  other  convey- 
ances, the  consideration  of  which  shall  be  money  or  other  things  of  value 
won  at  playing  any  game  of  cards,  dice,  or  any  other  device,  J  shall  be  void 
and  of  no  effect,  as  between  the  parties  to  the  same  and  all  other  persons, 
except  holders  in  good  faith,  without  notice  of  the  illegality  of  sucli  convey- 
ance, or  contract. — (See  Acknowledgments.) 

Form,  deed  and  acknoidedgment. 

TJd8  Indenture^  Made  this  • day  of ,  in  the  year  of  our  Lord, 

one  thousand  eight  hundred  and — ,  between  ,  the  part —  of  the 

finst  part,  and  ,  the  part —  of  the  second  part,  witncsseth  :  That  the 

said  part —  of  the  first  part,  for  and  in  consideration  of  the  sum  of 

dollars,  gold  coin  of  the  United  States,  to in  hand  paid  by  the  said  part — 

of  the  second  part,  the  receipt  whereof  is  hereby  acknowledged,  and  do — , 
by  these  presents,  grant,  bargain,  sell,  convey  and  confirm  unto  the  said 
part —  of  the  second  part,  and  to heirs  and  assigns,  the  following  de- 
scribed tract  or  parcel  of  land,   sititate,  lying  and  being  in  the  county  of 

,  and  territory  of  Washington,  and  particularly  bound  and  described  as 

follows,  to  wit  : 

(Here  describe  property.) 

Together  with  all  and  singular  the  tenements,  hereditaments  and,  appurte- 
nances thereto  belonging  or  in  anywise  apnertaining. 
[Wash.  T.  fi.l 


ss. 


WASHINGTON   TERRITORY.  825 

To  have  and  to  hold  the  said  premises,  with  the  appurtenances,  unto  the 

.said  i)ai1:^ — of  tlie  second  part,  and  to lieirs  and  assigns  forever.     And 

the  said  i)art —  of  the  tirst  part,  for heirs,  executors  and  administrators, 

do —  covenant  and  aj^ree  to  and  with  tlie  said  part —  of  the  second  part, 

heirs  and  assif^ns,  that  the  said  premises  in  the  quiet  and  peaceable  possession 

of  the  said  part —  of  the  second  part,  heirs  and  assigns,  against  the  said 

pait —  of  the  first  part,  and  all  and  every  person  or  persons  whomsoever,  law- 
fully claiming,  or  to  claim,  tlie  same  by,  through  or  under  the  said  part — of 
the  first  part,  sliall  and  will  warrant,  and  by  these  presents,  forever  de- 
fend. 

Li  witness  tohereof.  The  said  part —  of  the  first  part,  ha —  hereunto  set  — 
hand —  and  seal — ,  the  day  and  year  first  above  written. 

Signed,  .sealed  and  delivered  in  presence  of     )  r^^.r   i 

"  '  '■  f  .   [SEAL.  J 

~  '  I  ,  [seal.] 

Ackhi>irlcO.(jme>it. 

Territory  op  Washingtox,      \ 
County  of .  *» 

I,  (here  give  name  of  officer  and  official  title),  do  hereby  certify  that  on 

this day  of ,  A.  D.  ly — ,  personally  appeared  before  me,  (name 

of  grantor,  and  if  acknowledged  by  wife,  her  name,  and  add  "his  wife"),  to 
me  known  to  be  the  individual  (or  individuals)  described  in,  and  who  exe- 
cuted the  within  instrument,  and  acknowledged  that  he,  (she  or  they)  signed 
and  sealed  the  same  as  (his,  her  or  their)  free  and  voluntary  act  and  deed  for 
the  uses  and  purposes  therein  mentioned. 

Given  under  mv  hand  and  official  seal  this day  of .xi.  D.. 

18—. 

[seal.]  (Signature  of  the  officer.) 

It  is  not  necessary  to  take  the  acknowledgment  of  the  wife  .separate  and 
apart  from  the  husband,  except  as  to  mortgages  of  the  homestead. 

Mortgages  of  land  may  be  in  the  following  fonn,  substantially :  The  mort- 
gagor, (here  insert  name  or  names)  mortgages  to  (here  insert  name  of  mort- 
gagee), to  secure  the  payment  of  (here  recite  the  nature  and  amount  of  in- 
debtedness, showing  when  due,  rate  of  interest,  and  whether  secured  by  note 
or  not)  the  following  described  real  estate  :  (here  insert  description.)  situate 

in  the  county  t)f ,  Washington  territory. 

Dated  this day  of ,  18—.  [seal.  ] 

The  parties  may  insert  in  such  mortgage,  any  lawful  agreement  or  con- 
dition, not  usurious  or  unconscientious.  No  mortgage  is  valid  against  the 
wife  of  any  mortgagor,  who  may  be  occupying  the  homestead  with  him,  un- 
less she  shall  freely  and  voluntarily,  separate  and  apart  from  her  husband, 
sign  and  acknowledge  said  mortgage,  and  the  officer  shall  fully  appraise  her 
of  her  rights  and  the  eflfects  of  signing  such  mortgage. 


Territory  of  "Washington,  ^ 


Affidavit. 

!s.shington,  j 

County  of .         $  ' 

,  the  mortgagor —  in  the  foregoing  mortgage   named,  being  duly 

sworn,  doth  depose  and  say  that  the  aforesaid  mortgage  is  made  in  good 
faith,  and  without  any  design  to  hinder,  delay  or  defraud  creditors. 

{Sirjnature.) 

Subscribed  and  sworn  to  befure  me,  tliis day  of  ,  A.  D.  . 

,  Notary  Public. 

[Wash.  T.  7.] 


826  WASHINGTON   TERRITORY. 

Acknowledgments. 
Terkitory  of  Washington,  } 


County  of .  ^ 


ss. 


On  this  day  of ,  A.  D.  18 — ,  before  me,  personally  came , 

to  me  known  to  be  the  individual  described  in,  and  who  executed,  the  within 

insti-ument,  and  acknowledged  that signed  and  sealed  the  same  as  

free  and  voluntary  act  and  deed,  for  the  uses  and  purposes  therein  mentioned. 

Witness  my  hand  and  official  seal,  the  day  and  year  in  this  certificate  first 
above  written. 

,  Notary  Public. 

Descent  and  Distribution. — Real  estate,  the  separate  property  of  persons 
dying  intestate,  descends  as  follows  :  If  but  one  child  svirvives,  equally  be- 
tween the  child  and  the  surviving  husband  or  wife.  If  there  is  more  than 
one  issae,  then  one-third  to  the  surviving  husband  or  wife,  and  the  remain- 
ing two-thirds  to  the  children,  in  equal  shares.  If  there  be  children  and  de- 
scendants living,  they  take  according  to  the  right  of  representation.  If  dece- 
dent leaves  no  issvie,  one-half  goes  to  the  survivor,  and  decedent's  fatlier  and 
mother  respectively;  but  if  no  father  nor  mother,  then  one-half  goes  to  the 
brothers  and  sisters.  If  there  be  no  survivor,  nor  children,  the  estate  goes 
to  decedent's  father  and  mother.  If  there  be  Jio  survivor,  nor  children,  nor 
parents  of  decedent  living,  then  to  decedent's  brothers  and  sisters.  If  there 
be  no  children,  nor  parents,  nor  brothers  nor  sisters,  then  tha  whole  goes  to 
the  survivor.  If  the  decedent  leaves  no  survivor,  nor  parents,  nor  children, 
nor  brothers  nor  sisters,  the  estate  goes  to  the  next  of  kin,  in  equal  degrees, 
except  when  there  are  two  or  more  collateral  kindred  in  equal  degrees,  but 
claiming  through  different  ancestors;  those  claiming  through  the  nearest  an- 
cestor are  preferred.  If  the  decedent  leaves  no  survivor  nor  kindred,  the 
estate  escheats  to  the  territory. 

Community  Property  shall  first  be  subject  to  community  debts,  after  pay- 
ment of  which,  one-half  jiasses  to  the  survivor,  and  the  other  half  passes  ac- 
cording to  testamentary  disposition.  If  there  be  no  testamentary  disposi- 
tion, then  one-half  passes  to  the  heirs  of  his  or  her  bodies.  If  there  be  no 
issue,  then  the  community  property  passes  to  the  survivor,  to  the  exclusion 
of  collateral  heirs. 

Pei'soHul  Property,  the  separate  property  of  persons  dying  intestate  passes 
as  follows:  1st.  To  the  widow,  if  any,  shall  be  allowed  all  wearing  apparel, 
and  provisions  and  necessities  for  herself  and  family,  according  to  the  de- 
gree and  estate  of  her  husband,  this  allowance  is  made  whether  provision  is- 
raade  by  will  for  widow  or  not ;  2d.  To  the  payment  of  decedent's  debts  ;  od. 
The  residue,  if  any,  shall  be  distributed  as  provided  for  the  distribution  of 
real  estate,  except  if  decadent  leaves  a  husband  and  one  issue,  one-half  passes 
to  the  husband.  If  there  be  no  issue,  the  whole  passes  to  the  husband.  {See 
Divorce). 

Depositions. — The  testimony  of  a  witness  may  be  taken  to  be  read  in  evi- 
dence, in  an  action  pending  in  any  court  in  this  territory,  when  the  witness 
resides  out  of  the  disti'iet,  and  more  than  twenty  miles  from  the  place  of 
trial  ;  when  the  witness  is  about  to  leave  the  district,  and  go  more  than 
twenty  miles  from  the  jilace  of  trial ;  when  the  witness  is  sick  and  unable  to 
attend  the  trial ;  when  the  witness  resides  out  of  the  territory.  The  deposi- 
tions may  be  taken  before  any  judge  of  the  district  court,  justice  of  the 
peace,  clerk  of  the  suj)reme  or  district  court,  mayor  of  a  city  or  notary  public 
in  Wasliington  Territory,  by  serving  on  the  adverse  party  three  days'  pre- 
vious notice,  and  in  addition  thereto,  one  day,  Sundays  excepted,  for  every 
ten  miles  of  distance  from  the  place  of  examination  to  the  residence  of  the 
person  on  whom  notice  is  given,  stating  the  time  and  place  of  examination  ; 
or  without  the  territory,  before  a  judge,  justice,  chancellor,  or  clerk  of  any 
court  of  record,  a  justice  of  the  peace,  notary  public,  mayor  or  chief  magis- 
[Wash.  T.  8.] 


WASHINGTON   TERRITORY.  827 

tratc  of  any  city  or  town,  or  any  person  authorized  by  a  special  commission 
from  any  court  of  tliis  territory,  l)y  serving  on  the  adverse  party,  a  written 
notice  of  the  time  and  place  of  taking  the  same,  giving  the  i)arty  time  to 
appear,  and  one  day  for  jireparation,  exchisive  of  Sunday  and  day  of  ser- 
vice. The  deposition  sliall  be  reduced  to  writing  in  the  officer's  presence, 
and  may  be  by  question  and  answer,  or  a  nanative  fonu,  and  when  com- 
pleted shall  be  read  to  or  by  the  witness,  coirected  if  desired,  and  subscribed 
by  him,  and  certified  by  the  officer  as  follows  : 

Territohy  of  "Washington,  ? 

County  op .  I  **' 

I,  A.  B.,  (clerk,  judge  or  justice,  as  the  case  may  be,)  do  hereby  certifjr 
that  the  above  deposition  was  taken  by  mc,  and  reduced  to  writing  by  my- 
self, (or  witness,  as  the  case  may  be,)  at ,  in  said  county,  on  the day 

of ,    18 — ,    at  o'clock,  in    pursuance  of   notice    hereto    annexed ; 

that  the  above  named  witness,  before  examination,  was  sworn  (or  affinned) 
to  testify  the  truth,  the  whole  truth,  and  nothing  but  the  tnith,  and  that  the 
deposition  was  carefully  read  to  ((;r  by)  said  witness,  and  then  subscribed  by 
him. 

Dated  at ,  the day  of 18S-. 

A.  B.,  (Justice  of  (he peace.) 

The  deposition  shall  be  enclosed  in  a  sealed  envelope,  by  the  officers,  and 
directed  to  the  clerk  of  the  court,  arbitrator,  or  referee,  or  justice  of  the 
peace,  before  whom  the  action  is  pending. 

Divorces. — The  following  are  causes  for  a  divorce  :  When  consent  to  the 
marriage  was  obtained  by  force,  or  fraud,  and  there  has  been  no  subsequent 
voluntary  cohabitation  ;  for  adultery,  when  unforgiven  and  the  application  is 
made  within  one  year  after  knowledge  of  the  act ;  impotency  ;  aband(niment 
for  one  year ;  citiel  treatment,  or  personal  iniquities  rendering  life  burdensome; 
habitual  diimkenness,  or  refusal  of  husband  to  support  family  ;  imprisonment 
in  the  penitentiary  if  complaint  is  made  during  imprisonment ;  incurable 
chronic  mania,  having  existed  for  ten  years  or  more,  and  for  any  other  cause 
by  the  couit  deemed  sufficient,  the  court  being  satisfied  that  the  jiarties  can 
not  longer  live  together.  The  complainant  must  have  been  a  resident  of  the 
territory  one  year,  or  more,  immediately  preceding  the  filing  of  the  com- 
plaint. The  court,  or  judge,  during  the  pending  of  the  action  may  make, 
and  by  attachment  enforce,  any  and  such  orders  relative  to  the  expenses  of 
the  suit  as  will  insure  a  fair  and  impartial  trial,  and  on  final  decree  may  re- 
quire the  husband  to  pay  all  the  expenses  of  the  wife  in  the  prosecution  or 
defence.  The  court  may  also  make  such  disposition  of  the  property  and 
provision  for  the  children  as  shall  be  by  him  deemed  right  and  proper. 
Estates  in  dower  and  tenancy  by  curtesy  arc  abolished. 

Dower. — (See  Divorce.) 

Evidence. — All  persons  arc  competent  to  give  testimony,  except  in  the  fol- 
lowing cases  :  Persons  who  stand  convicted  of  jierjuryand  liave  not  been 
pardoned  ;  persons  of  unsound  mind,  or  intoxicated  at  the  time  of  ])roduc- 
duction;  children  under  ten  years  of  ago,  who  appear  incapable  of  relating 
the  facts  upon  whicli  they  desired  to  be  examined;  a  husband  against  his 
"Wife  and  transvei'sely,  withont  the  othcis  consent.  This  exemption  does  not 
apply  to  civil  cases  ;  an  attorney  (tr  counsellor  against  his  client,  without  the 
clients  consent ;  a  clergyman  or  priest  against  ])ersons  making  to  them  con- 
fessions in  their  professional  ca]>acity  ;  a  i)hysician  or  sui-geon  against  his 
patients,  witliout  i)atient's  cimsent  ;  a  ])ublic  officer  against  persons  making 
communications  to  him  in  official  confidence.  The  subpoena  of  a  witness- 
requires  his  personal  attendance  and  may  i-eqnire  him  to  bring  any  books, 
papers,  documents  <u-  thing  vuider  his  control,  except  public  recoids  required 

[Wash.  T.  9.] 


828  WASHIXGTOX  TERRITORY. 

by  law  to  be  kept  in  some  particular  place,  A  party  to  an  action  may  be 
examined  as  a  witness  by  the  adven:e  party,  or  interrogations  maybe  filed  to 
be  answered  upon  oath  by  the  adverse  party  for  the  disccivery  of  facts  and 
docnmeuts  material  to  the  issue. 

Execution. — May  be  had  at  any  time  within  five  years  after  judgment 
rendered.  Real  property  sold  thereunder  may  be  redeemed  withm  six 
months.  Stay  is  allowed  :  In  the  supreme  court,  under  $500,  thirty  days  ; 
$500  to  $1,500.  sixty  days;  above  $1,500.  ninety  days.  In  district  courts, 
under  $300,  two  months ;  $300  to  $1,000,  five  months  ;  over  $1,000,  six  months. 

Exemptions. — A  liomestead  not  to  exceed  in  value  one  thousand  dollars 
(cash)  embracing  the  dwelling  house  in  which  the  family  reside.  All  wear- 
ing apparel,  private  libraries  not  to  exceed  five  hundred  dollars.  To  each 
householder  goods  and  fixtures  not  to  exceed  five  hundred  dollars  in  value. 
Stock  animals  or  fowls  not  to  exceed  $250  in  value.  To  a  fanner  one  span 
of  horses,  or  mules,  with  harness,  or  two  yoke  of  oxen,  with  yoke,  and  one 
wagon ;  also  farming  utensils  actually  used  about  the  farm,  not  to  exceed 
$500  in  value  ;  also  one  hundred  and  fifty  bushels  of  wheat ;  one  hundred 
and  fifty  bushels  of  barley  ;  fifty  bushels  of  potatoes  ;  ten  bushels  of  onions 
for  seeding  purposes.  To  a  mechanic  the  tools  and  instruments  used  to 
carry  on  his  trade,  and  material  used  not  exceeding  in  value  $500.  To  a 
physician,  his  libraiy,  not  exceeding  $500  in  value  ;  also  horse,  harness  and 
buggy  ;  instruments  used  in  his  practice  and  medicines  not  exceeding  $250 
in  value. 

Insolvent  Laws. — Insolvents  may  be  discharged  from  their  debts  upon 
executing  an  assignment  of  all  their  property  for  the  benefit  of  their  credi- 
tors, if  made  without  fraud,  by  due  process  of  law.  The  insolvent  must  pe- 
tition the  judge  having  original  jurisdiction  in  the  district  of  the  insolv- 
ent's domicil,  showing  the  circumstances  which  comjiel  him  to  surrender  his 
property  to  his  creditors  and  asking  for  a  cession  of  his  estate  and  to  be  dis- 
charged fit)m  his  debts.  The  petition  must  be  accompanied  with  summary 
statement  of  insolvent,  showing  his  losses  svistained,  his  creditors  names  ; 
the  amount  due  each  creditor,  together  with  the  cause  and  nature  of  such 
indebtedness  and  when  it  accrued ;  and  the  statemexit  of  any  existing  judg- 
ment mortgages,  collateral  or  other  securities,  for  the  payment  of  svich  debt. 
Also  showing  a  full  and  perfect  inventory  of  all  his  property,  and  moneys 
on  hand,  with  a  complete  statement  of  all  the  encumbrances  upon  the  prop- 
erty of  insolvent.  The  statement  must  be  signed  by  the  debtor  and  swoni 
to  before  the  judge  having  jurisdiction  of  the  proceeding.  Upon  receiving 
the  petition,  schedule  and  affidavit  the  judge  issues  an  order  to  the  creditors 
to  show  cause,  if  any  they  can,  why  an  assignment  should  not  be  made  and 
the  debtor  discharged  from  his  debts.  The  insolvent  must,  on  or  before  the 
meeting  of  the  creditors,  deliver  to  the  court  all  the  books  aud  papers, 
together  with  all  vouchers,  notes,  bonds,  bills,  securities,  and  other  evi- 
dences of  del)t,  to  be  delivered  to  the  assignees.  Upon  granting  the  order 
for  the  meeting  of  the  creditors,  the  judge  shall  direct  the  clerk  of  the  court 
to  issue  a  notice,  calling  the  creditors  of  the  insolvent  to  appear  within 
thirty  days  from  the  date  of  the  notice,  before  such  judge,  to  show  cause  why 
the  insolvent's  prayer  should  not  be  granted.  The  notice  must  be  published 
at  least  thirty  days  in  county  newspaper  in  which  the  application  is  made. 
Upon  ordering  the  meeting  of  the  creditors  the  judge  must  order  a  stay  of 
proceedings  by  tlie  creditors.  Upon  the  creditors  meeting  and  certifying  to 
the  truth  of  their  claims,  by  affidavit,  they  shall  appoint  not  more  than  three 
assignees  to  receive  and  dispose  of  the  property,  who  shall  execute  a  bond 
to  the  creditors,  with  one  or  more  sureties,  for  a  faithful  performance  of 
duties.  The  assignees,  upon  order  of  the  court,  sell  all  of  the  debtor's  prop- 
erty upon  giving  twenty  days'  notice.  Every  accusation  of  fraud  against  the 
debtor  shall  be  tried  by  a  jury.  If  found  guilt j%  he  is  forever  deprived  of 
the  benefits  of  the  insolvent  law.  If  the  charge  proves  to  be  unfounded  he 
[Wash.  T.  10.] 


WASHINGTON  TERRITORY.  829 

is  discharfjed  from  all  his  debts.     The  judge  must  set  apart  such  jjiopeity  to 
the  debtor's  use  and  benefit  as  is  exempt  by  law. 

Interest. — The  legal  rate  of  interest  is  ten  per  cent,  per  annum  ;  any  rate 
of  interest  agreed  upon  in  writing  shall  be  valid.  Judgments  bear  legal  in- 
terest from  date,  except  when  rendered  ui)on  an  express  contract  in  writing, 
wherein  a  difierent  rate  is  agreed  u^jou,  in  which  case  the  judgment  bears 
the  same  rate. 

Judgments. — Judgments  bear  the  legal  rate  of  interest  from  the  date  of 
their  rendition  ;  if  upon  a  written  contract,  to  draw  the  same  rate  of  inter- 
est specified  in  such  written  contract.  In  order  that  a  judgment  may  be  a 
lien  upon  the  real  estate  of  the  judgment  debtor,  a  transcript  of  the  judg- 
ment must  be  filed  in  the  office  of  the  county  auditor  of  the  county  in  wliich 
the  land  is  situated.  Judgments,  or  parts  thereof,  remaining  unsatisfied  at 
the  end  of  five  years,  from  rendition,  may  be  continued  upon  affidavit  and 
motion  of  the  judgment  creditor,  or  his  assignee,  setting  forth  facts  neces- 
sary to  give  jurisdiction,  upon  proof  being  made  that  such  judgment,  or  part 
thereof,  remains  unsatisfied.  The  judgment  debtor  mu.-t  be  served  with 
notice  or  summoned  to  appear,  and  served  with  copy  o{  motion.  The  jiulg- 
ment  will  continue  for  five  years  from  rendition  thereof,  in  like  manner  as 
original  judgments. 

Liens. — All  steamers,  vessels,  and  boats,  together  with  their  equipments, 
are  liable  :  1st.  For  services  rendered  on  board.  2d.  For  supplies  fur- 
nished. 3d.  For  work  done  for  their  construction  or  repair.  4th.  For 
wharfage  and  anchorage.  5th.  For  non  performance  of  any  contract  for 
transportation.  Cth.  For  injuries  committed  to  person  or  property.  De- 
mands for  these  several  causes  constitute  liens  upon  the  steamers,  vessels 
and  boats,  and  their  equipments,  and  have  priority  in  the  order  above  enum- 
erated, and  contimxe  for  a  period  of  three  years.  Persons  performing  labor 
in  securing  saw-logs,  spars,  piles  or  other  timbers,  have  a  lien  ujjon  the  s;unc 
for  their  services.  Also  persons  assisting  in  manufacturing  ^  a>v-logs  into 
lumber  have  a  lien  upon  the  lumber  wlaen  in  the  mill  yard.  ^Ufidavit  of 
services,  and  claim  of  lien  must  be  filed  in  the  county  auditor's  ofiice,  in  the 
county  where  the  services  were  rendered,  within  thirty  days  after  completion 
of  the  work,  or  services  rendered,  and  remains  in  full  i'orce  for  eight  calen- 
dar mcmths. 

Persons  performing  labor  or  furnishing  material  to  be  used  in  construc- 
tion, alteration  or  repair  of  a  mining  claim,  building  wharf,  bridge,  ditch, 
fiume,  or  any  other  structure,  has  a  lien  upon  the  same  to  the  extent  of  the 
work  done  or  materials  furnished  ;  and  every  contractor,  having  charge  of 
the  construction,  is  held  to  be  the  agent  of  the  owner  of  the  property  as 
affects  the  attachment  of  the  lien.  The  land  upon  which  the  building  or 
improvement  is  constnicted  is  also  subject  to  the  lien  if  the  property  belong 
to  person  constructing  the  building  or  improvement.  The  person  claiming 
a  lien  must,  within  sixty  days  after  a  completion  of  services,  file,  in  the 
county  auditor's  office  in  which  the  proi)erty  is  situated,  an  affidavit  of  the 
work  performed  and  claim  of  lien  upon  the  property,  particularly  describing 
it,  which  lieu  is  good  for  the  period  of  eight  months.  Owners  of  land  on 
which  buildings  or  improvements  are  being  made  by  contract,  may  prevent 
attachment  of  lien  by  giving  notice  by  posting  a  notice  in  some  conspicuous 
place  on  the  land  that  he  will  not  be  responsible  for  the  improvements.  Any 
]ierson  who  performs  farm  labor  has  a  lien  ui)on  all  the  crojis  raised  upim  the 
farm,  for  the  year  in  which  such  labor  was  periVmned,  to  the  extent  of  his 
claim  ;  but  persons  claiming  such  lien,  or  liens,  must  file  an  affidavit  of  labor 
performed  and  claim  of  lien  upon  the  crops.  Common  carriers  have  a  lien 
ui)on  property  carried,  for  their  freight,  wharfage,  or  storage,  to  the  extent 
of  their  just  claim,  and  may  sell  the  property  to  satisfy  their  claim  after 
giving  due  notice. 

[Wash.  T.  11.] 


830  WASHINGTON  TERRITORY. 

Limitations, — The  following  actions  must  be  Qommenced  -within  three 
years  :  Upon  a  contract  or  liability,  express  or  implied,  which  does  not  arise 
out  of  a  written  mstniment.  An  action  for  taking,  detaining,  or  injuring 
j)ersonal  property,  including  an  action  for  the  specific  recovery  thereof.  An 
action  for  relief  upon  the  ground  of  fraud.  An  action  for  waste,  or  trespass 
upon  real  property.  An  action  upon  a  statute  for  a  penalty  or  forfeiture. 
The  following  actions  must  be  commenced  within  six  years  ii\m\  the  time 
the  cause  of  action  occurs  :  An  action  upon  a  contract  in  writing,  or  liability 
arising  out  of  a  written  agreement.  An  action  for  rents  and  profits  of  real 
estate.  An  action  upon  a  judgment  of  any  court.  In  an  action  upon  an 
open  account  to  rucover  balance,  the  cause  of  action  shall  be  deemed  to  have 
accrued  from  the  date  of  the  last  item  proved.  An  action  must  be  com- 
menced within  three  years  against  a  .sheriff,  coroner,  or  constable,  vipou  a 
liability  incurred  in  hisofiicial  capacity,  including  the  non-i)ayment  of  money 
collected  upon  an  execution.  An  action  for  the  recovery  of  real  estate  must 
T>e  commenced  within  ten  years.  An  action  must  be  commenced  within  two 
years  for  libel,  slander,  assault  and  battery,  and  false  imprisonment.  Withiu 
one  year,  an  action  against  a  sheriff",  or  other  officer,  for  the  escape  of  a 
2)risoner  arrested  on  civil  process. 

Married  Women, — A  married  woman  may  sue  and  be  sued  without  join- 
ing her  husband,  when  the  action  concerns  her  separate  property.  All  prop- 
erty of  the  wife  owned  by  her  before  marriage,  the  profits  of  her  own  labor, 
and  the  property  acquired  afterward  by  gift,  bequest,  devise,  or  descent, 
with  the  rents,  issues  and  profits  thereof,  is  her  separate  property. 

Minors. — When  an  infant  is  a  party  to  an  action,  he  shall  appear  by  guar- 
dian, or  if  he  has  no  guardian,  or  in  the  opinion  of  the  court  the  guardian 
is  an  improper  i^erson,  the  court  shall  appoint  one  to  act.  Said  guardian 
shall  be  appointed  as  follows  :  1st.  "When  the  infant  is  plaintiff",  upon  the 
application  of  the  infant,  if  he  be  of  the  age  of  fourteen  years,  or  if  under 
that  age  upon  the  application  of  a  relative  or  friend  of  the  infant.  2nd. 
"When  the  infant  is  defendant,  ujion  application  of  the  infant,  if  he  be  of  the 
age  of  fourteen  years,  and  apply  on  the  first  day  of  the  return  term  ;  if  he 
be  under  the  age  of  fourteen,  or  neglect  to  apply,  then  upon  the  application 
of  any  other  party  to  the  action,  or  of  a  relative  or  friend  of  the  infant. 
Summons  is  served  upon  minors  under  fourteen  years  of  age,  personally, 
and  also  to  his  father,  mother,  guardian,  or  to  the  person  having  the  care  and 
control  of  such  minor,  or  with  whom  he  resides,  or  in  whose  service  he  is 
employed.  Confession  of  judgments  .shall  be  made  for  the  minor  by  the 
guardian  appointed  in  the  action. 

Mortgages. — Are  executed  and  acknowledged  in  the  same  manner  as  deeds, 
and  may  be  foreclosed  in  a  court  of  equity  jurisdiction,  upon  failure  of  the 
mortgagor  to  pay  any  instalment  of  the  principal  or  interest ;  but  the  pay- 
ment of  such  instalment,  with  the  accrued  costs,  before  a  decree  of  sale  is 
made,  suspends  further  proceedings  until  a  default  again  occurs.  Mortgages 
are  not  accompanied  by  bonds,  but  are  generally  made  to  secure  promissory 
notes. 

Notes  and  Bills. — Promissory  notes  payable  to  order  or  bearer,  have  the 
same  eff"ect,  and  are  negotiable  in  like  manner  as  inland  bills  of  exchange, 
according  to  the  custom  of  merchants.  Three  days  grace  is  allowed  on  bills 
of  exchange  payable  at  sight,  and  on  all  negotiable  promissory  notes,  orders 
or  drafts,  payable  at  a  futiire  day  certain,  unless  there  is  an  express  stipula- 
tion to  the  contrary.  When  the  last  day  of  grace  falls  on  Sunday,  or  on  a 
legal  holiday,  it  is  not  counted,  but  the  last  day  will  be  on  the  Monday  fol- 
lowing. 

No  particular  form  of  note  is  necessary.  It  ought  to  contain  the  promise 
to  pay  to  the  order  of  payee. 

An  acceptance,  to  be  valid,  must  be  in  writing,  signed  by  the  acceptor  or 
his  authorized  agent. 
[Wash.  T.  12.]  " 


WASHINGTON  TERRITORY.  831 

Practice — All  imictu-e  is  uiuler  tlic  code  systL'in. 

Proof  of  Claims. — iSee  Claims  ugaintst  Decedent's  Estates  and  Depositions^ 

Replevin. — The  plaintiff,  ill  an  action  for  the  recovery  of  the  possession 
of  jjersonal  property,  may  demand  the  immediate  possession  thereof,  at  any 
time  before  answer.  The  plaintiff  or  scnne  one  in  his  behalf,  shall  make  an 
affidavit  si unv in j;-:  1st.  That  plaintiff  is  the  owner  of  the  property  claimed, 
(particularly  desci-il)ing  it),  or  is  lawfidly  entitled  to  the  pt)ssession  thereof  ; 
2d.  That  the  proi)erty  is  wrongfully  detained  from  defendant  ;  8d.  That  the 
same  has  not  been  taken  for  a  tax  assessment  or  line,  pursuant  to  a  statute, 
or  .seized  under  an  execution  or  attachment,  against  the  property  of  tlie 
plaintiff;  or  if  so  seized,  that  it  is  exempt  from  seizure  by  law  ;  and  4th. 
Tlie  actual  value  of  the  jjroperty.  Ui)on  receipt  of  affidavit,  and  a  bond 
executed  to  the  defendant  with  two  or  more  qualified  sureties,  to  the  effect 
they  are  b;iuud  iudouble  the  value  of  the  property,  as  .stated  in  the  afSdavit 
for  the  prosecution  of  the  action,  for  the  return  of  the  property  and  for  pay- 
ment of  any  sum  that  may  be  recorded  against  the  i)laintif1',  the  sheriff  must 
take  the  prt)pcit3%  and  at  the  same  time,  serve  on  the  defendant  a  copy  of 
the  affidavit  and  bond.  The  defendant  may  except  to  the  sufficiency  of  the 
sureties,  within  three  days  after  service  of  copy  of  affidavit  and  b(md,  and 
the  sureties  must  then  justify.  If  the  defendant  does  not  except  to  the  sure- 
ties, he  may,  within  three  days  after  service  of  copy  of  affidavit  and  bond, 
re<iuire  the  return  c»f  the  property,  upon  giving  a  bond  to  the  sheriff,  with 
one  or  more  (jualified  sureties,  to  the  effect  that  they  are  bound  in  double  the 
amount  of  the  proi)erty,  for  the  delivery  thereof  to  the  plaintiff,  if  delivery 
be  adjudged,  and  tV»r  the  payment  of  any  sum  adjudged  against  the  defend- 
ant. If  a  return  is  not  required  within  three  days  from  the  time  of  taking 
the  property,  and  .serving  defendant  with  copy  of  affidavit  and  bond  ;  the 
property  must  be  delivered  to  the  plaintiff. 

Revivor. — ( See  Judgments). 

Stay  of  Execution.— Shall  be  allowed  on  judgments  as  follows  :  In  the 
supreme  court,  on  all  sums  under  80OO,  thirty  days  ;  on  all  sums  over  $500 
and  under  $ir)00,  sixty  days  ;  on  all  sums  over  -1500,  ninety  days.  On  all 
judgments  rendered  in  the  district  court,  on  all  sums  under  $:)00,  two  months  ; 
over  $300  and  under  $1000,  five  months  ;  over  $1000,  six  months. 

Executions  issued  from  the  supreme  or  district  court,  shall  be  returned  to 
the  clerk  of  the  court  issuing  them,  within  sixty  days  from  their  date.  Exe- 
cutions from  justices'  courts  shall  be  returnable  within  thirty  days. 

Wills. — Every  person  having  attained  the  age  of  majority,  and  of  sound 
mind,  may,  by  last  will,  devise  all  his  or  her  estate,  real  and  personal.  Every 
will  shall  be  in  writing,  signed  by  the  testator  or  some  one  by  liis  or  her  di- 
rection, in  his  or  her  presence,  and  shall  be  attested  by  two  or  more  compe- 
tent witnesses,  in  the  presence  of  the  testator,  (R.  C,  §  319.)  Persons  sign- 
ing testators  name  under  his  or  her  direction,  must  sign  the  will  as  a  wit- 
ness, and  state  that  he  signed  testator's  name  at  his  request.  Subsequent 
marriage  by  the  testator  revokes  the  will,  unless  slie  be  mentioned  in  the 
will,  with  provision  or  express  non-provision,  or  be  provided  for  by  marriage 
settlement.  Children  unprovided  for  by  the  terms  of  the  will,  can  have  the 
will  set  aside.  Nuncupative  wills  are  invalid  in  devises  exceeding  two  hun- 
dred dollars,  unless  two  persons  shall  be  called  by  the  testator  to  bear  wit- 
ness that  such  was  his  will,  except  devises  made  by  mariners  at  sea,  or  sol- 
<liers  in  military  service.  Proofs  of  nuncupative  wills  are  not  allowed,  un- 
less reduced  to  writing  by  a  witness,  and  offered  within  six  months,  and  notice 
given  to  the  survivor  or  next  of  kin.  that  they  may  contest  the  will  if  they 
think  proper.     (6'ee  Administration.) 


[Wash.  T,  IS.] 


832 


WASHINGTON   TERRITORY. 


ATTORNEYS  IN  WASHINGTON  TERRITORY. 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  population. 
Figures  after  names  when  admitted  to  the  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (|)  our  Compiler  of  Laws. 
A  dagger  (f)  former  recommendations  withdrawn. 


PLACE. 

COUNTT. 

Ainsworth 

Franklin 

Asotin 

Asotin 

Cascade 

Skamania 

Cathland 

Wahkiakum 

Cheney 

Spokane 

Claquato 

Lewis 

Colfax 

Whitman 

Colville 

Stevens 

Coupeville 

Island 

Davenport 

Lincoln 

Dayton 

Columbia 

EUensburgh 

Kittitas 

Friday  Harbor 

San  Juan 

Goldendale 

Klikital 

Kalama 

Cowlitz 

La  Conner 

Skagit 

Montesano 

Chehalis 

New  Dungeness 

Clallam 

Oakland 

Mason 

O'Kanogan 

Douglass 

Olympia 

Thurston 

Oysterville 

Pacific 

Pomeroy 

Garfield 

Port  Madison 

Kitsap 

Port  Townsend 

Jefferson 

Ritzville 

Adams 

Seattle 

King 

Snohomish 

Snohomish 

Spokane  Falls 

Spokane 

Tacoma 

Pierce 

Vancouver 

Clarke 

Walla  Walla 

Walla  Walla 

Whatcom 

Whatcom 

Yakima 

Yakima 

NAMES   OF  ATTORNEYS.      POPULA  N. 


{See   Walla.) 

— 

R.  A.  Case. 

— 

{See  Vancouver.) 

100 

(See  Olympia.) 

— 

Knox  &  Parkes. 

1,000 

{See  Olympia.) 

100 

Sullivan,  Wolfard  &  Sullivan. 

1,150 

C.  F.  Weed. 

250 

C.  S.  Williams. 

250 

(See  Cheney.) 

— 

J.  K.  Rutherford. 

2,000 

Reavis,  Mires  &  Graves. 

600 

(See  Coupeville.) 

— 

J.  A.  Brown. 

700 

(See  Olymjna.) 

150 

A.  M.  Brooks. 

550 

G.  J.  Moody. 

200 

{See  Coupeville.) 

200 

{See  Olympia.) 

— 

H.  A.  Miles. 

loo 

N.  S.  Porter. 

3,000 

A.  D.  Bowen. 

250 

E.  Scott. 

1,000 

(See  Seattle.) 

228 

Bradshaw  &  Sachs. 

2,500 

B.  N.  Carrier. 

25 

Burke  &  Haller. 

9,786 

F.  M.  Headier. 

500 

GEO.  H.  LEONARD. 

2,000 

Campbell  &  Powell. 

9,936 

N.  H.  Bloomfield. 

3,000 

(,  t  Edgar  Lemman. 

3,588 

'^  See  Vardiii  Appendir,puge  's.s.vW. 

J.  P.  DeMattos. 

560 

Allen,  Wliitson  &  Gilliam. 

923 

WASHINGTON   TERRITORY. 


RSv{ 


BANKS  IN  WASHINGTON  TERRITORY. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  of  one 
bank  in  each  county  of  this  territory  in  which  such  a  banking  institution  is  located. 


Colfax 

Dayton 

North  Yakima 

Olympia 

Pomeroy. 

Port  Tow nst-nd 

Seattle 


NAME    OF    BANK. 

First  National  Bank 
Columbia  National  Bank 
First  National  Bank 


Spokane  Falls 
Tacoma 


Vancouver 
Walla-Walla 


Merchants"  National  Bank 
Puget  Sound  National  Bank 
First  National  Bank 
Traders'  National  Bank 
Merchants'  National  Bank 
Pacific  National  Bank 
Tacoma  National  Bank 
First  National  Bank 


Chas.  F.  Adams. 

D.  C.  Guernsev. 
A.  W.  Engle.  ' 
A.  A.  Phillips. 
S.  G.  Crandall. 
Robert  C.  Hill. 
W.  I.  Wadleigh. 
Robt.  N.  McFaddcn. 
J.  Furth. 

H.  L.  Cutter. 
Jacob  Hoover. 
Henry  Drum. 
T.  B.  Wallace,  Jr. 
W.  Fraser. 

E.  L.  Canby. 
W.  H.  Stine. 


PAID  vr 
CAPITAL. 

$50,000 
50.000 
50.000 
75,000 
50,000 
50,000 

150,000 
50,000 
50,000 
70,000 
75,000 
50,000 
50,000 
50,000 
50.000 

100.000 


STATE  OF 

WEST    VIROINIA. 

SUMMARY   OF 

CoLivEcxioN    Laws. 

COXTKT  'CAXEKDAR,  INSTRUC'TIOKS    FOR  TAKING    DEPOSITIONS,  LEGAL    FORMS,   ETC. 

EscpREssLV  Prepared  and  Revised  to  Kov.  1st,  1887,  for  "Showers' 
Legal.  Directory  and  Merchants'  Guide."  for  1888,  by 
M.  H.  Dent,  of  the  Grafton  Bar. 

Acknowledgments. — May  be  taken  before  a  justice,  notary  public,  recor- 
'der,  prothonotary  or  cleric  of  any  court  of  record  within  the  United  States, 
•or  commissioner  appointed  to  act  within  the  same,  by  the  governor  of  this 
;state,  duly  authenticated  by  the  official  seal  of  such  officer  annexed  to  the 
certificate  of  acknowledgment ;  certificate  of  acknowledgment  of  a  maiTied 
woman  must  state  her  private  examination  apart  from  her  husband  ;  that  the 
writing  was  fully  explained  to  her  ;  that  she  acknowledges  it  to  be  her  act, 
•declares  she  has  willingly  executed  the  same,  and  does  not  wish  to  retract  it. 

Form — Aclcnotcledgments. 

^STATE    (TeKRITORY   OR   DISTRICT)   OF  ,  \     rr         -4. 

County  OF .  |  ^o-wit. 

I, a  commissioner  appointed  by  the  governor  of  the  state  of  West 

Virginia  for  the  said  state  (or  territory  or  district),  of ,  (or  I,  a  justice  of 

the  county  aforesaid  ;  or  I, recorder  of  said  county  ;  or  I,  a  notary  of 

said  county ;  or  I, ,  prothonotary  or  clerk  of  the court  of  said  county) 

<lo  certify  that ,  whose  name  (or  names)  is  (or  are)  signed  to  the  writing 

above  (or  hereto  annexed),  bearing  date  on  the day  of ,  has  (or 

have)  this  day  acknowledged  the  same  before  me  in  my  said ••     Given 

under  my  hand  this day  of ;  or  upon  a  certificate  so  written  or  an- 
nexed under  the  official  seal  of  any  minister,  plenipotentiary,  charge  d'aftairs, 
consul-general,  consul,  deputy  consul,  vice-consul,  consular  agent,  vice  con- 
sular agent,  commercial  agent,  or  vice  commercial  agent,  appointed  by  the 
government  of  the  United  States  to  any  foreign  country,  or  of  the  proper 
officer  of  any  court  of  such  county,  or  of  the  mayor  or  other  chief  magistrate 
of  any  city,  town  or  corporation  therein,  that  the  said  writing  was  acknow- 
ledged by  such  person,  or  proved  so  to  him  by  two  witnesses,  before  any  per- 
son having  such  appointment,  or  before  such  court,  mayor  or  chief  magis- 
trate. 

If  the  acknowledgment  be  before  a  notary  without  the  state,  he  shall  cer- 
tify under  his  seal. 

certificate   in   case   of   a  married   woman   WHO    SHAM,   X'NITE 
WITH  HER  HUSBAND. 

State  (Territory  or  District)  of  ,  >   rp    „-i- 

COUNTY  OF .  \     T^-^>*- 

I,  a  commissigner  appointed  by  the  governor  of  West  Virginia  for  the 

^tate  (or  territory  or  district)  of ;  (or  I, ,  a  justice  of  the  county 

[W.  Va.  1.] 


WEST   VIRGINIA.  835 

aforesaid  ;  or  I, a  notary  public  for  the  county  aforesaid  ;  or  I, ,  re- 
corder of  said  couuty  ;  or  I, ,  protliouotary  (ur  clerk)  uf  the court 

of  said  couuty),  do  certify  that  • ,   the  wife  of ,  whose  names  are 

signed  to  the  writing  above  (or  hereto  annexed)  bearing  date  on  tlie day 

of ,  personally  appeared  before  nie  in  the  county  aforesaid  (or  if  it  be  a 

commissioner,  in  the  state,  territory  or  district  aforesaid),  and  being  ex- 
amined by  me  privily  and  apart  from  her  husband,  and  having  the  said  writ- 
ing fully  explauied  to  her,  she,  the  said ,  acknowledged  the  said  writing 

to  be  her  act,  and  declared  that  she  had  williugly  executed  the  same,  and 
does  not  wish  to  retract  it. 

Given  under  my  hand  this day  of . 

Actions. — Actions  arc  all .  commenced  by  issuance  and  service  of  a  sum- 
mons on  the  defendant,  which  must  be  returnable  within  ninety  days  to  the 
court  on  the  first  day  of  a  term,  to  some  rule  day,  or  the  clerk's  office  to  the 
first  ^Monday  in  a  month.  Rules  are  held  monthly  in  the  clerk's  office  and  or- 
dinarily last  three  days.  The  parties  to  the  suit  file  pleadings  at  rules,  take 
out  orders  of  jiublication  and  take  steps  to  mature  the  case  for  trial.  The 
courts  of  record  have  jurisdiction  of  suits  at  law  and  in  equity.  Judgments 
and  decrees  may  be  confessed  in  the  clerk's  office  before  the  clerk  duriiig  the 
vacation  of  the  court.  No  judgment  by  default  becomes  final  in  less  than 
thirty  days  after  service  of  process. 

Assignees  may  ordinarily  sue  in  their  own  names.  In  an  action  on  con- 
tract the  plaintiff  may  file  with  his  declaration  an  affidavit  that  there  is,  as 
he  verily  believes,  due  him  and  unpaid  from  the  defendant  uj^on  the  demand 
(.)r  demands  stated  in  the  declaration,  including  principle  and  interest  after 
deducting  all  payments,  credits  and  set-ofl's  made  by  defendant  to  which  he 
is  entitled  a  sura  certain  to  be  stated.  If  such  affidavit  is  filed  no  plea  will 
be  received  unless  a  counter  affidavit  is  filed  denying  the  indebtedness  on  part 
thereof.  If  no  counter  affidavit  is  filed  the  court  may  enter  judgment  for 
the  sum  named  in  the  plaintitt"'s  affidavit  with  interest  from  its  date  if  no  in- 
quiry of  damages  has  been  ordered  and  on  such  inquiry  the  affidavit  is  evi- 
dence on  the  question  of  the  amount.  Two  rules  must  pass  before  an  action 
comes  upon  the  court  docket. 

Administration. — Of  Estates  of  Deceased  Persons.— 'Widov^,  husband  o^ 
next  of  kin  has  precedence  of  administration.  If  she  does  not  administer 
within  three  months,  any  person  interested  may  administer  or  cause  the 
estate  to  be  committed  to  sheriff.  Administrator  must  execute  bond  with 
sureties  in  double  the  value  of  estate,  conditioned  for  the  faithful  discharge 
of  duties.  Widow  or  infant  children  entitled  to  two  hundred  dollars  as 
against  creditors.  Funeral  expenses  and  costs  of  administration  to  be  first 
paid,  then  debts  and  taxes  due  the  United  States,  and  taxes  due  the  state  ; 
then  preferred  liens,  and  finally  all  other  debts,  pro  rata.  Personal  repre- 
sentative must  make  annual  settlements  within  six  months  after  expiration 
of  year  with  commissioner  of  accounts.  If  personal  estate  is  not  sufficient 
to  pay  debts  and  costs  of  administration,  administrator,  or  any  creditor,  can 
institute  chancery  suit  to  sell  the  real  estate  and  marshal  assets. 

Affidavits. — In  any  case  in  which  an  affidavit  of  a  person  residing  in 
another  state  may  be  used  in  this  state,  it  should  be  made  before  a  commis- 
sion, appointed  by  the  governor,  or  before  any  officer  of  another  state  or 
country  authorized  by  its  laws  to  administer  an  oath,  and  it  is  deemed  duly 
authenticated  if  subscribed  by  such  officer,  and  there  be  annexed  thereto  a 
certificate  of  the  clerk  or  other  officer  of  the  court  of  record  of  such  state  or 
country,  under  an  official  seal,  verifying  the  genuiness  of  the  signature  of 
the  first-mentioned  officer  and  his  authority  to  administer  an  oath. 

Aliens. — Aliens  not  enemies  may  purchase,  take  hold,  convey  and  devise 
real  estate  the  same  as  citizens. 

Appeals.— ('9ee  Courts.^ 

[W.  Va.  2.] 


83(1  AVEST   VIRGINIA. 

Arrests. — Orders  for  arrest  may  be  issued  by  a  court,  or  the  judge  or  the 
clerk  thereof  in  vacation,  on  bond  being  given  and  affidavit  filed  showing  the 
nature  and  the  justice  of  the  claim,  the  amount  which  affiant  believes  the 
plaintiff  is  justly  entitled  to  recover  in  the  action  and  the  existence  of  some 
one  or  more  of  the  following  grounds  :  that  the  defendant  has  removed  or  is 
about  to  remove  any  of  his  property  out  of  the  state  w  ith  intent  to  defraud 
his  creditors  ;  that  he  has  converted  or  is  about  to  convert  his  property  or 
any  part  thereof  into  money  or  securities  with  like  hitent ;  that  he  has  as- 
signed, disposed  of,  or  removed  his  property,  or  any  part  thereof,  or  is  about 
to  do  so  with  like  intent ;  that  he  has  property  or  right  in  action  which  he 
fraudulently  coneeals ;  that  he  fraudulently  contracted  the  debt ;  or  incurred 
the  liability  for  which  the  action  or  suit  is  brought ;  that  he  is  about  to  leave 
thjs  state  and  reside  permanently  in  another  state  or  country,  without  paying 
the  debt  or  liability  for  which  this  action  or  suit  is  brought.  The  defendant 
may  be  discharged  upon  giving  bond  to  be  in  the  county  to  answer  interrog- 
atories within  four  months  after  judgment  or  decree  and  make  required  con- 
veyance or  delivery  of  property  or  satisfy  the  judgment  or  decrees.  There 
is  no  imprisonment  for  debt  alone. 

Assignments  and  Insolvency. — No  insolvent  law  and  no  statute  regulat- 
ing assigmnents  in  trust  for  benefit  of  creditors.  Such  assignments  are 
sometimes  made,  but  do  not  operate  as  a  discharge.  A  defendant  debtor 
under  arrest  may  be  discharged  from  such  arrest  by  making  conveyance  of 
his  proi)crty  not  exempt  by  law.  Assignments  are  made  by  deed  acknow- 
ledged as  other  deeds,  and  filed  in  office  of  clerk  of  county  court.  If  real 
estate  is  assigned,  the  wife  of  the  assignor  must  sign,  seal  and  acknowledge 
the  same  to  bar  her  dower. 

Attachments. — Will  issue  on  creditor's  affidavit,  stating  the  nature  of 
plaintifi's  claim,  the  amount,  at  the  least  which  the  affiant  believes  the  plain- 
tiff is  justly  entitled  to  recover  in  the  action,  and  also  that  affiant  believes 
that  some  one  or  more  of  the  following  grounds  exist  for  the  attachment, 
viz. :  That  debtor,  or  one  of  them  is  a  foreign  corporation,  a  non-resident ; 
has  left,  or  is  about  to  leave  the  state,  with  intent  to  defraud  his  creditors  ; 
conceals  himself  so  that  summons  cannot  be  served  upon  bim  ;  is  removing 
or  about  to  remove  his  property,  or  part  thereof,  out  of  the  state  with  intent 
to  defraud  ;  is  converting  or  about  to  convert  his  property  or  a  material  part 
thereof  into  money,  etc.,  with  intent  to  defraud  his  creditors  ;  has  assigned 
or  disposed  of  his  pro^jerty  or  a  material  part  thereof,  or  is  about  to  do  so 
with  intent  to  defraud  his  creditors  ;  has  property  or  rights  in  action  which 
he  conceals,  or  fraudulently  contracted  the  debt  or  incurred  the  liability  for 
which  the  action  or  suit  about  to  be  or  is  brought.  Upon  the  creditor  giving 
bond  and  security,  the  sheriff  is  required  to  take  the  attached  property  into 
his  possession.  Goods,  effects  or  money  due  the  defendant  in  the  hands  of  a 
third  party  can  be  garnished.  Unless  the  attachment  is  because  the  defend- 
ant is  a  non-resident  or  foreign  corporation,  the  affiant  must  state  in  his  affi- 
davit the  material  facts  relied  on  by  him  to  show  the  existence  of  the  grounds 
for  his  attachment  alleged  in  the  affidavit. 

Banks  and  Bankers. — Savings  and  deposit  banks  may  be  carried  on 
under  the  statute  law  of  the  state,  by  tiTistees. 

Bills  of  Exchange  and  Promissory  Notes. — (See  JSfotes  and  Bills  of  Ex- 
change. ) 

Bills  of  Lading. — Are  transferable,  and  are  governed  by  the  common  law 
of  the  land,  there  being  no  statute,  law  afiecting  them. 

Chattel  Mortgages. — Are  almost  obsolete.  Deeds  of  trust  and  contracts 
reserving  title,  taking  their  pla<e.     All  these  instruments  must  be  recorded, 

[W.  Va.  3.] 


WEST    VlIKilNlA.  837 

or  they  arc  void  as  to  bona  fide  purchasers  without  notice  or  creditors,  iu  the 
clerk's  office  of  the  county  iu  which  the  property  is.  or  to  which  it  may  be 
taken. 

Claims  against  Decedent's  Estates. — Are  a  charge  first  on  the  person- 
alty, and  then  the  real  estate  of  tlie  decedent.  I^Iay  be  enforced  against  tin; 
personalty  by  suit  against  the  administrator,  and  against  the  real  estate  by 
suit  in  chancery  against  tlie  heirs,  creditors,  or  devisees.  To  the  last  suit 
the  administrator  must  be  made  a  party,  that  the  pesonalty  may  be 
exhausted. 

Conditional  Sales  of  Personal  Property. — If  possession  given  to  pur- 
chaser are  void  as  to  j)urchasers  and  t^reditors,  unless  reduced  to  writing  and 
recorded  as  trusts  and  mortgages. 

Corporations. — Domestic  and  Foreign. — Any  number  of  persons,  not  less 
than  tive,  may  obtain  a  certificate  of  incorporation  from  the  secretary  of 
state,  by  filing  an  agreement,  setting  forth  the  name  of  the  corporation,  its 
object,  principal  place  of  business,  and  date  of  its  expiration,  together  with 
the  amount  of  its  capital,  and  the  value  of  the  shares  into  which  to  be  di- 
vitled.     The  agreement  must  be  acknowledged  before  notary  or  justice. 

Foreign  Corporations,  to  hold  property  and  transact  business  as  a  corpora- 
tion, must  file  with  the  secretary  of  state  a  cojjy  of  its  articles  of  associa- 
tion, and  of  the  law  or  authority  under  wliich  it  is  incorporated,  under  a 
penalty  of  one  thousand  dollars  for  each  month. 

Costs. — Security  for  costs  may  be  re<piired  of  nonresidents,  either  by  a 
resident  or  non-resident. 

Courts. —  The  Supreme  Court  of  a])peals  has  original  jurisdiction  in  cases 
of  habeas  corpus,  mandamus  and  jiroliibitiou  ;  and  appellate  jurisdiction  in 
criminal  cases  and  iu  civil  cases,  where  the  anu)unt  in  controversy  exceeds  in 
value  $100,  inclusive  of  c()sts. 

Circuit  courts  have  original  jurisdiction  in  all  civil  cases,  where  amount 
iu  controversy,  exclusive  of  costs,  exceeds  fifty  dollars,  or  the  freedom  of  a 
person,  or  the  constitutionality  of  a  law  is  involved.  Tliey  have  appellate 
Jurisdiction  in  all  civil  cases  where  the  amount  in  controversy,  exclusive  of 
interest  and  costs,  excreeds  fifteen  dollars. 

County  Courts  have  full  probate  powers.  The  regular  terms  of  the  supreme 
court  of  appeals  are  three  each  year. — one  at  Charleston,  .second  Wednesday 
of  January  ;  one  at  Wheeling,  first  Wednesday  of  .Tune  ;  and  one  at  Charles- 
town,  first  Wednesday  of  September.  Couuly  courts  hold  four  regular  ses- 
sions each  year,  and  special  sessions  when  called.  The  circuit  courts  hold 
three  sessions  in  each  county  per  annum. 

Justices^  Courts  have  jurisdiction  in  all  civil  actions  for  the  recovery  of 
money  or  possession  of  pi'oi)erty,  w  here  the  amount  claimed  does  not  exceed 
$;}00,  exclusive  of  interest,  excc])ting  actions  for  false  imprisonment,  mali- 
cious prosecution,  slander,  verbal  or  written,  breach  of  marriage  promise,  or 
seduction.  They  further  have  jurisdiction  of  cases  of  unlawful  detainer  of 
real  estate,  and  actions  for  trespass  to  real  estate,  or  damages  to  same  on 
rights  pertaining  thereto,  if  damages  claimed  do  uot  exceed  $300,  and  the 
cause  of  action  arose  in  the  county. 

Ctirtesy.— A  husband  is  entitled  to  a  life  estate  iu  his  wife's  realty. 

Court  Calendar. — 

UNITED  STATES  CIRCUIT  COURT. 

CHxcuit  Judye,  Hugh  li.  Bond,  of  Baltimore,  Md.     CVrrrk,  I,.  B.  Dellicker,  Parkers- 
ourg.     Terms.    At  Parkorsburg,  January  lOtb  and  Juuo  lOtli. 
fW.  Va.  4.] 


838 


WEST  VIRGINIA. 


UNITED  STATES  DISTRICT  COURT. 

District  of  "West  Virginia.  Judye,  Jolin  J.  Jackson,  Parkersburg.  Clerk,  Jasper 
Y.  Moore,  Clarksburg.  District  Attorney,  W.  H.  H.  Flick,  Martinsburg.  Marshal, 
George  W.  Atkinson,  Wheeling. 

Reovlar  Terms.  At  Wheeling  March  1st  and  Sept.  1st.  At  Clarksburg,  March  1st 
and  Oct  1st.    At  Charleston,  May  1st  and  Nov.  1st. 

STATE  COURTS. 

SUPREME  COURT  OP  APPEALS. 

Pre*iden<— OKEY  JOHNSON,  of  Wood  County. 
J^ftd&es— THOMAS  C.  GREEN,  of  Jefferson  County. 
ADAM  C.  SNYDER,  of  Greenbrier  County. 
SAMUEL  WOODS,  of  Barbour  County. 
Clerk— O.  S.  LONG,  of  Ohio  County. 
J2epor<er— ALFRED  CALDWELL,  Attorney-General. 
Three  annual  sessions  of  the  Supreme  Court  of  Appeals  are  held  as  follows  : 
At  Charleston,  Kanawha  county,  commencing  on   the  second  Wednesday  in 
January. 

At  Wheeling,  in  Ohio  County,  commencing  on  the  first  Wednesday  in  June. 
At  Charlestown,  in  Jefferson  county,  commencing  on  the  first  Wednesday  in 
September. 

CIRCUIT  COURTS. 

These  courts  are  held  at  the  county  seats  of  the  following  counties,  at  the  fol- 
lowing times : 

County.  Dist.  Terms  Begin. 

Barbour 3  March  1st,  July  6th  and  Oct.  1.5th. 

Berkeley    13  2d  Tues.  Jan.,  2d  Tues.  April  and  2d  Tues.  Sept. 

Boone 3d  Mon.  April,  .Sd  Mon.  July  and  3d  Mon.  Oct. 

Braxton 11  4thMon.  April,  4th  Mon.  Aug.  and  4th  Mon.  Nov. 

Brooke 1  1st  Mon.  in  March,  1st  Mon.  in  June  and  2d  Mon.  Oct. 

Cabell 8  1st  Mon.  March,  1st  Mon.  Aug.  and  1st  Mon.  Dec. 

Calhoun 6  Feb.  15th,  June  15th  and  Oct.  loth. 

Clay 6  2d  Mon.  May,  2d  Mon.  SeT)t.  and  2d  Mon.  Dec. 

Doddridge     ......  4  3d  Mon.  March,  3d  Mon.  July  and  3d  Mon.  Nov. 

Fayette 10  4th  Mon.  Feb.  3d  Mon.  May  and  3d  Mon.  Sept. 

Gilmer 6  Feb.  1st,  June  1st  and  Oct  1st. 

Grant 12  4th  Tues.  March,  1st  Tues.  June  and  3d  Tues.  Oct. 

Greenbrier 10  3d  Mon.  April,  4th  Mon.  June  and  1st  Mon.  Nov. 

Hampshire 12  1st  Tues.  Feb., 2d  Tues  May  and  3d  Tues.  Sept. 

Hancock 1  4th  Mon.  March,  4th  Mon.  June  and  1st  Mon.  Nov. 

Hardy 12  2d  Tues.  March,  last  Tues.  May  and  1st  Tues.  Oct 

Harrison 2  2d  Tues.  Jan.,  2d  Tues.  May  and  2d  Tues.  Sept. 

Jackson 6  Marchlst,  Aug.  1st  and  Nov.  1st. 

Jefferson 13  2d  Tues  Feb  ,  3d  Tues.  May  and  8d  Tues.  Nov. 

Kanawha 7  2d  Mon.  March,  2d  Mon.  June  and  1st  Mon.  Dec. 

Jjincoln 8  3d  Mon.  P'eb.,  3d  Mon.  June  and  3d  Mon.  Sept. 

Lewis 11  1st  Mon.  March,  3d  Mon.  June  and  3d  Mon.  Oct. 

Logan 8  1st  Mon.  April,  1st  Mon.  July  and  Lst  Mon.  Oct. 

Marion 2  1st  Tues.  March,  1st  Tues  July  and  4th  Tues.  Nov. 

Marshall 1  1st  Mon.  March,  1st  Mon  June  and  2d  Mon.  Oct. 

Mason 7  1st  Mon.  Feb.,  1st  Mon.  May  and  1st  Mon.  Sept. 

McDowell 9  Wed.  after  3d  Mon.  May,  Wed.  after  1st  Mon.  July  and 

Wed.  after  1st  Mon.  Oct. 

Mercer 9  1st  Mon.  March,  3d  Mon.  June  and  3d  Mon.  Nov. 

Mineral  .          12  2d  Tues.  Jan.,  4th  Tues.  April  and  1st  Tues.  Sept. 

Monongalia 2  2d  Tues.  Feb.,  2d  Tues.  June  and  2d  Tues.  Oct. 

Monroe 10  3d  Tues.  March,  1st  Mon.  June  and  1st  INIon.  Oct. 

Morgan 13  1st  Tues.  Jan  ,  1st  Tues.  April  and  2d  Tues.  Aug. 

Nicholas 11  Wed.  after  2d  Mon.  April,  Wed.  after  2d  Mon.  Aug.  and 

Wed,  after  2d  Mon.  Nov. 

Ohio 1  2d  Mon.  April,  1st  Mon.  Sept.  and  3d  Mon.  Nov. 

Pendleton 12  2d  Wed.  April,  Wed.  after  2d  Taes.  June  and  1st  Wed. 

Nov. 

Pleasants      5  2d  Mon.  March,  2d  Mon.  .Tune  and  2d  Mon.  Oct. 

Pocaliontas 10  1st  Mon.  April,  3d  ISton.  June  and  3d  Mon.  Oct. 

Preston 3  April  8th,  Aug.  1.3th  and  Nov.  24th. 

Putnam 7  4th  Mon.  Feb..  4th  Mon.  May  and  4th  Mon.  Sept. 

Riileigh 9  4th  Mon.  April,  4th  Mon.  July  and  4th  Mon.  Oct. 

Randolph 3  May  20th.  Sept.  14th  and  Jan.  3d. 

Ritchie 4  3d  Mon.  F'eb.,  3d  Mon.  June  and  3d  Mon.  Oct. 

Roane  .       6  March  2-5fh,  Aug  25th  and  Nov.  25th 

Summers 10  2d  Mon.  Feb.,  1st  Mon.  Mav  and  ist  Mon.  Sept. 

Taylor 3  March  20th.  Julv  25th  and  Nov.  4th. 

Tucker 3  May  10th,  Sept.  3d  and  Dec.  16th. 

[W.  Va.  5.1 


WEST  VIRGINIA.  839 

County,  Dist.                              Terms  Begin. 

Tyler     I  2d  Mon,  April,  2d  Mon.  Aug.  and'Jd  ^lon.  Dec. 

Upshur 11  2d  Mon.  Feb.,  IstMon.  Aug.  and  1st  Mon.  Nov. 

Wayne 8  1st  Mon.  Feb.,  1st  Mon.  June  and  1st  Mon.  .Sept. 

Webster 11  Aprillst,  Aug.  Istand  1st  Mon.  Nov. 

Wetzel     4  .id  Tues.  Jan.,  3d  Tues.  May  and  3d  TuoK.  Sept. 

Wirt -5  4th  Mon.  March,  4th  Mon.  June  and  4tli  Mon.  Oct. 

Wood 5  2dMon.  Feb.,  2d  Mon.  July  and  2d  Mon.  Nov. 

Wyoming 9  2d  Mon.  April,  2d  Mon.  July  and  2d  Mon.  Oct. 

Deeds. — Must  be  in  writing,  acknowledged  and  recorded  in  county  where 
property  situated. 

Form  for  Deed  in  fee. 

TTiis  Deed,  Made  the day  of ,  in  the  year  ,  between 

(here  insert  names  of  parties),  wituesseth  :  That  in  consideration  of  (here 

state  consideration),  the  said doth  (or  do)  grant  unto  the  said ,. 

all,  etc.,  (here  describe  the  property  and  insert  covenants  or  any  other  pro- 
visions). Witness  the  following  signature  and  seal,  (or  signatures  and 
seals). 

Descent  and  Distribution. — Children  equally  first,  except  wife  has  one- 
third  of  personal  property  and  dower  in  real  estate,  and  husband  lias  one- 
third  of  personal  property,  and  life  estate  in  realty.  If  no  children,  husband 
and  wife  takes  all  the  property  and  dower  and  cui^tesy,  respectively,  in 
realty,  while  the  residue  of  property  goes  to  the  father  of  decedent,  if  one^ 
if  not,  then  to  the  mother,  brothers  and  sisters. 

Depositions. — May  be  taken  after  reasonable  notice  to  the  opposite  party  or 
attorney,  before  a  justice  of  the  peace  or  notary,  who  must  enclose  them  in 
an  envelope,  endorse  the  style  of  the  case  upon  it,  and  write  his  name  and 
official  character  across  the  place  where  sealed,  and  transmit  them  to  the 
clerk  of  the  court  wherein  they  are  intended  to  be  used.  No  particular 
fonn  is  necessary,  so  they  comply  with  the  notice,  and  a  sufficient  certificate 
to  that  effect  accompanies  them. 

Divorces. — A  mensa  et  thero. — Are  granted  for  desertion  and  inhuman 
treatment.  Dissolution  from  the  bonds  of  matrimony  may  be  granted  by 
the  circuit  court  for  impotency,  adultery,  three  years'  continual  desertion,  or 
when  a  divorce,  a  me/isa  et  thero,  has  continued  for  three  years,  without  re- 
conciliation, and  upon  conviction  of  felony.  If  the  innocent  party,  wife 
entitled  to  alimony.  Custody  of  children  will  be  given  as  the  court  deems 
best  for  their  interest. 

Dower. — (See  Married  Women.) 

Evidence. — ('9ee  Witness.) 

Execution. — Issues  immediately  after  term  of  court  at  which  judgment 
was  rendered,  and  is  returnable  within  ninety  days,  to  some  rule  day.  There 
is  no  stay  of  execution  in  the  higher  courts,  but  in  justices'  courts  stay  is 
allowed  on  bond  given.      (See  Stay  of  Execution). 

Executors. — Must  give  bond  with  sufficient  sureties,  unless  will  provides 
otherwise,  and  strictly  carry  out  provisions  of  the  will,  wherein  they  are  not 
contrary  to  law.     {See  Administration.) 

Exemptions. — Homestead  to  the  value  of  $1000  is  exempt,  except  against 
the  taxes,  purcliase  money,  and  cost  of  improvements,  where  the  property  of 
that  value  is  devised  or  granted  to  the  debtor,  being  a  liusband  or  i)arent,  and 
resident  in  the  state,  as  a  homestead,  and  where  he,  previously  to  contracting 
the  debt  or  liability,  has  placed  a  declaration  of  his  intention  to  keep  the 
[W.  Va.  6.] 


840  WEST  VIRGINIA. 

property  as  a  homestead,  on  the  land  records  of  the  county  in  which  the  real 
estate  is  situated.  Personal  property  to  the  value  o{  $200  is  also  exempted, 
provided  the  debtor  is  a  resident  and  a  parent,  and  same  exemption  is  allowed 
infant  children  of  deceased  i)arents.  Also  $50  worth  of  tools  to  a  mechanic, 
artisan  or  laborer,  whether  he  is  a  husband  or  parent,  or  not,  provided  that 
in  no  case  shall  the  exemption  allowed  any  one  jjerson  exceed  $300. 

Factors. — Are  liable  as  principals,  unless  they  disclose  name  of  their  prin- 
cipals. Made  so  by  statute,  otherwise  governed  by  the  rules  of  the  common 
law  and  usage. 

False  Pretenses. — If  any  person  obtain  the  goods  of  another  by  any  false 
pretense  or  token,  he  is  treated  the  same  as  if  he  had  stolen  them.  And  if 
he  fraudulently  obtains  the  signature  of  another  to  a  paper,  the  false  making 
of  which  would  be  forgery  he  is  punished  as  for  forgery. 

Fraud,  Statutes  of. — The  following  contracts  must  be  in  writing  or  they 
cannot  be  enforced  :  1.  Representations  or  assurances  as  to  the  character, 
conduct,  credit,  ability,  trade,  or  dealings  of  another,  to  the  intent  or  pur- 
pose that  such  other  may  obtain  credit,  money  or  goods.  2.  Promise  to  pay 
debt  or  the  ratification  of  any  contract  made  during  infancy.  3.  Promise  of 
personal  representative  to  pay  debt  out  of  his  own  estate.  .  4.  Promise  to 
answer  for  the  debt,  default  or  misdoings  of  another.  5.  Agreement  made 
upon  consideration  of  marriage.  6.  Contract  for  the  sale,  or  lease  for  more 
than  a  year,  of  real  estate.     7.  Any  agreement  not  to  be  performed  in  a  year. 

Such  writing  may  be  signed  by  principal  or  agent  and  need  not  express 
consideration  of  contract,  but  c(jnsideration  can  be  proved  by  other  evi- 
dence. 

Garnishment. — {See  Attachment.) — Any  per-son  indebted  to  another  may 
be  summoned  and  required  to  disclose  the  same,  and  pay  the  amount  he  owes 
to  the  judgment  creditor  of  his  creditor. 

Grace. — {See  Xotcs  and  Bills  of  ExrJiange.) 

Homesteads. — {See  Exemptions.) 

Insolvent  Laws.— (A'omy?;) 

Interest. — The  legal  rate  is  six  per  cent.  Excess  of  interest  is  not  recov- 
erable under  the  law.  Incorporated  companies,  only,  may  borrow  money  at 
higher  rates  because  prohibited  frt>m  pleading  usury.  Judgments  bear  six 
per  cent.     Illegal  interest  jiaid  may  be  recovered  within  five  years. 

Judgments. — For  money  are  a  lieji  upon  all  real  estate  of  the  debtor,  but 
to  secure  the  lien  against  i>urchasers  for  value  not  having  notice,  judgment 
must  be  docketed  in  the  county  clerk's  ottice  within  sixty  days,  or  before  a 
deed  for  the  real  estate  is  duly  filed  for  record.  .Judgment  liens  are  enforced 
by  suit  in  equity.  Judgments  ien<lered  at  the  same  term  of  court  rank  as  of 
the  same  date.  A  judgment  of  any  justice  of  the  peace  is  only  a  lien  as 
against  such  purchaser  from  the  time  it  is  so  docketed.  The  lien  of  a  judg- 
ment of  a  court  of  record  coinmences  with  tlie  first  day  of  the  term  of  court 
at  which  the  judgment  is  rendered. 

Justices  of  the  Peace. — {See  Courts.) — .Justices  are  conservators  of  the 
peace  and  as  such  they  act  as  coroner,  examine  ])ersons  charged  with  crime, 
commit  to  jail  when  ])robable  cause,  impose  fines  in  minor  offences  not  ex- 
ceeding ten  dollars  and  im^jrisonment  not  exceeding  ten  days.  In  case  of 
imprisonment  or  fine,  over  five  dollars  appeal  as  a  matter  of  right  to  circuit 
court. 

[W.  VaT.] 


WEST  VIRGINIA.  841 

Landlord  and  Tenant. — On  failure  to  pay  rent,  landlord  can  have  distress 
warrant  or  sue  lor  uiuount,  whichever  he  prefers.  He  has  lien  on  tenants 
<iOods  on  prenuses  for  not  exceeding  one  year's  rent,  which  is  prior  to  any 
lien  createtl  on  goods  after  taken  on  premises.  Goods  cannot  be  removed 
without  payment  of  rent  due.  Tenant  can  claim  exemption  as  against  rent. 
iiSee  Mremptions.) 

I>eases. — For  more  than  one  year  must  he  in  writing. 

Licenses. — Liquor  sellers,  druggists,  hotel  keepers,  saloons,  peddlers, 
auetioneeis,  brokers,  billard  saloons,  skating  rinks,  shows  of  all  kinds,  (ex- 
cept musical,  scientific  and  literary  entcitainments,  and  school  exhibitions), 
distillers,  musical  instnimeut,  sewiug  niuchine  and  lightning  rod  peddlers, 
are  required  to  pay  license. 

Liens. — (See  Judgments.) 

Limitations. — Store  account,  three  years;  accounts  concerning  trade  be- 
tween merchants,  five  years  ;  contracts  not  in  writing  or  in  writing  and  not 
under  seal,  five  years ;  contracts  under  seal,  twenty  years,  except  contracts 
executed  after  April  1st,  18(59,  whether  under  seal  or  not,  ten  years  ;  to  re- 
cover land,  ten  years.  Revivor  :  acknowledgment  of  debt  or  promise  in 
writing  to  pay.  Partial  payment  will  not  revive  a  barred  claim  or  stop  the 
run  of  the  statute. 

Limited  Partnerships. — May  be  formed  under  statute  law,  which  requires 
publication  of  agreement  and  names  of  partners.  Otherwise  treated  as  a- 
general  partnership  at  common  law.  Special  partner,  as  creditor  of  the  firm, 
cannot  be  paid  until  other  firm  debts  are  paid.  If  special  partner  meddles 
in  firm  business,  liable  as  general  partner.  Limited  partnerships,  or  mem- 
ber thereof,  cannot  make  assignment  or  sale  of  assets  so  as  to  prefer  credi- 
tors, but  all  partnership  creditors  must  share  alike  in  preferem.-e  to  individual 
creditors.  Any  partnership  not  formed  under  statute  is  a  general  partner- 
ship and  sul>j(H!t  to  the  provisions  of  the  common  law  in  relation  thereto. 

Married  Women. — Property  of  wife  ac(iuired  at  any  time,  and  from  any 
source  otlur  llian  Inisband,  held  to  her  sole  and  separate  use,  since  April  1, 
18()<.)  ;  provi<k'(l,  tliat  her  husband  must  join  in  conveyance  of  realty,  unless 
.she  is  living  se[>;irate  and  apart  from  her  Imsband.  Widow  is  endowed  of 
one-third  of  all  tiie  real  estate  of  which  her  husband  was  seized  of  an  estate 
of  inheritance  at  any  time  during  her  coverture,  unless  such  dower  shall 
have  been  lawfully  barred  or  relinquished.  If  no  children,  the  widow  takes 
all  personalty  alter  paying  debts,  etc.,  if  children,  she  takes  one-third. 

Mechanics'  Lien. — Every  Tuechanic  or  laborer  has  lien  on  ])roperty  for 
work  and  labor  performed  on  same,  but  must  file  account  in  clerks  office 
within  sixty  days  after  work  is  finished,  supported  by  afiidavit,  and  must 
bring  suit  within  six  months  or  lien  lost. 

Minors. — Contracts  of,  voidable  within  year  after  reaching  age  of  ma- 
jority, which  is  twenty-one  years.     Bond  of  void.    Infancy  must  be  pleaded. 

Mortgages  of  Real  Estate. — Good,  but  deed  of  trust  has  entirely  super- 
ceded them,  wliich  see. 

Notes  and  Bills  of  Exchange. — All  promissory  notes  and  checks  payable 
in  this  stati-,  ar.  a  iiartiiuilai-  bank,  or  at  a  i)articular  office  thereof,  for  dis- 
count and  deposit,  or  the  place  of  business  of  a  savings  institution,  or  sav- 
ings bank,  and  every  inland  bill  of  exchange,  i)ayable  in  tliis  state,  shall  be 
deemed  negotiable. 
[W.  Va.  8.] 


842  WEST  VIRGINIA. 

Three  days  of  grace  are  allowed,  except  on  bills  of  exchange  payable  at 
sight,  on  which  there  shall  be  no  grace.  Upon  a  bill  drawn  within,  and  pay- 
able without  the  state,  and  within  the  United  States,  the  holder  can  recover, 
in  addition  to  what  else  the  party  liable  for  the  principal  is  bound  to  pay, 
damages  at  the  rate  of  three  per  cent,  on  the  principal,  and  at  the  rate  of 
ten  per  cent.,  if  payable  without  the  United  States.  No  words  will  make  a. 
note  in  this  state  negotiable  which  is  not  made  payable  at  an  incorporated 
bank. 

Oaths  and  Affidavits.— (-S'ee  Affidavits.) 

Partnerships. — {See  Limited  Partnerships.') 

Promissory  Note. — {See  Notes  and  Bills.) 

Practice. — {See  Actions.) — Common  law  practice  is  still  followed,  with 
slight  changes  or  additions  made  by  statute.  The  ditt'erent  forms  of  action 
are  preserved.  In  all  cases  where  trespass  would  be  the  proper  form,  tres- 
pass on  the  case  may  be  substituted.  The  distinction  between  law  and 
equity  is  still  continued,  but  the  same  court  exercises  both  jurisdictions. 
Proceedings  are  recorded  in  separate  volumes. 

Proof  of  Claims. — Evidence  of  one  witness  sufficient,  and  corroberating^^ 
circumstances  sufficient.     Verbal  acknowledgment  by  debtor  is  sufficient 

Recording.— Deeds,  mortgages,  trusts,  and  all  other  instruments  of  writ- 
ing relating  to  real  estates,  must  be  recorded,  or  they  are  void  as  to  purchasers; 
witliout  notice  and  creditors. 

Redemption.-  Grantor,  in  deed  of  trust  or  mortgage,  has  equity  of  redemp- 
tion until  property  sold,  and  can  sell  or  mortgage  same.  May  be  sold  to  pay- 
judgment  lien. 

Replevin. — Property  levied  on  by  execution  or  distress,  warrant  may  be 
replevied  by  execution  of  forthcoming  bond. 

Revenue,  Sources  of. — Taxes  levied  on  the  values  of  real  and  personal' 
property  and  licenses. 

Revivor. — Death  abates  suit,  but  it  may  be  revived  by  motion,  scire  fa- 
cias, or  bill  to  revive,  in  all  cases  except  assault  and  battery,  slander,  libel, 
and  such  other  actions  merely  personal  in  their  nature,  as  the  cause  is  removed 
by  death. 

Seal. — A  scroll  may  be  used  as  substitute  for  seal. 

Security  for  Costs  and  other  Undertakings.— (-See  Costs.)  Undertaking; 
abolished  and  bond  substituted  in  all  cases. 

Stay  of  Execution. — {See  Execution.) 

Suits. — {See  Actions.) 

Supplementary  Proceedings. — May  be  had  by  way  of  amendment,  or  in 
support  of  original  proceedings.  Same  steps  are  necessary  to  mature,  as  in 
case  of  original  proceedings. 

Taxes. — Levied  for  revenue  annually  on  personal  and  real  property.  Col- 
lected and  disbursed  by  sheriff. 

[W.  Va.  9.] 


WEST  VIRGINIA.  843 

Stay  of  Execution. — Upon  judgment  in  justices'  courts  on  the  execution 
of  a  bund  by  the  debtor,  a  stay  of  exectition  is  allowed  as  follows  :  When 
the  judgment,  exclusive  of  interest  and  cost,  does  not  exceed  $50,  two 
months ;  if  over  $50,  and  not  over  $100,  five  months ;  if  over  $100,  six 
months.  No  stay  is  allowed  upon  judgment  on  stay  bonds,  or  other  bonds 
tiled  in  justices'  courts,  or  against  constables  for  official  misconduct,  (Acts 
1881,  chap,  8.)  In  the  higher  courts  no  stay  is  allowed,  but  a  forthcoming- 
bond  may  be  given  after  a  levy,  upon  which  a  motion  must  be  made  for  exe- 
cution, if  the  property  levied  on  is  not  foithcoming  on  the  day  of  sale. 

Trust  Deeds. — Are  used  to  secure  debts  or  indemnify  sureties.  The 
trustee  advertises  and  sells  the  property  after  defaitlt  is  made,  without  the 
intervention  of  a  court.  The  expenses  and  commissions  of  the  trustee  are 
paid  out  of  the  proceeds  of  sale.  Such  deeds  of  tnist  on  both  real  and  jier- 
sonal  property  are  in  the  following  form : 

"This  deed,  made  the day  of ,  in  the  year ,  between 

,  (the  grantor, )  of  the  one  part,  and ,  (the  trustee, )  of  the  other 

part,  witnesseth:   That  the   said  ,  (the  grantor,)  doth  (or  do)  grant 

unto  said ,  (the  trustee,)  the  following  property,  (here  describe  it. )  in 

trust  to  secure  (here  describe  debts  to  be  secured,  or  the  sureties  to  be  in- 
demnified, and  insert  covenants,  or  any  other  provisions  the  parties  may 
agree  upon).     Witness  the  following  signature  and  seal." 

The  release  of  a  mortgage  or  deed  of  trust,  may  be  in  the  form :  A.  B. 
hereby  releases  a  mortgage  (or  deed  of  trust)  made  by  C.  D.,  to  me,  (or  to 

E.  F.,  my  trustee,  or  to ,  and  assigned  to  me,)  dated  the day  of 

,  and  recorded   in  the  office  of  the  clerk  of  the  county  court  of 

county.  West  Virginia,  in  deed  book  ,  page ,  (to  be  signed  A.  B.) 

Acknowledged  before  the  .subscriber,  this day  of .  G.  D. 

(Justice  or  notary  public,  etc.,  as  the  case  may  be.) 

Usury. — Interest  exceeding  six  per  centum  is  usurious  ;  or  any  other  thing 
of  greater  value  taken  for  the  loan  or  forbearance  of  money.     {See  Interest.} 

Wages. — Not  fixed  by  law  ;  depends  on  contract ;  if  none,  reasonable 
compensation  according  to  usage. 

Wills. — No  person  of  unsound  mind,  or  under  tlie  age  of  twenty-one  years 
is  capable  of  making  a  will,  excejjt  that  minors,  eighteen  years  of  age  or  up- 
wards, may,  by  will,  dispose  of  personal  property.  All  other  persons  can 
will  away  any  property  or  interest  in  property.  Will  must  be  in  writing,  and 
if  not  wholly  in  the  handwriting  of  testator,  must  be  signed  and  acknowl- 
edged in  the  presence  of  at  least  two  competent  witnesses,  present  at  the 
same  time.  Witnesses  must  subscribe  will  in  presence  of  each  other,  and 
the  testator.  No  form  required.  The  intent  of  the  testator,  ascertained  by 
will,  must  prevail. 

Witnesses. — All  persons  can  testify  in  their  own  behalf,  except  as  to  com- 
mimications  and  transactions  had  with  deceased  persons.  Wife  competent, 
except  in  such  cases  as  her  husband  is  incompetent.  Insane  persons,  infants 
of  such  tender  years  as  not  to  understand  the  nature  of  an  oath,  and  infa- 
mous persons  are  incompetent ;  or  testimony  regarded  as  of  little  weight. 


[W.  Va.  10.] 


S44 


WEST  VIRGINIA. 


ATTORNEYS   IN  WEST  VIRGINIA. 


Bold  Face  Type  denotes  county  seats.        A  dash  ( — )  less  than  100  population. 
Figures  after  names,  when  admitted  to  the  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  (%)  our  Compiler  of  Laws. 
A  dagger  (t)  former  recommendation  withdrawn. 


PLACE. 

COUNTY. 

Barboursville 

Campbell 

Berkley  Springs 

Morgan 

Beverly 

Randolph 

Braxton  C  H 

Braxton 

Buckhannon 

Upshur 

Clarke sburgh 

Harrison 

Charleston 

Kanawha 

Charlestown 

Jefferson 

Clay 

Clay 

Elizabeth. 

Wert 

Fairmount. 

Marion 

Farmington 

Marion 

Payetteville 

Fayette 

Franklin 

Pendleton 

Glenville 

Gilmer 

Grafton 

Taylor 

Grantsville 

Calhoun 

Hamlin 

Lincoln 

Hinton 

Summers 

Huntersville 

Pocahontas 

}luutin<rton 

Cabell 

Jackson  C  H 

Jackson 

Keyser 

Mineral 

Kingwood 

Preston 

Lewisburgh 

Greenbrier 

Logan  C  H 

Logan 

Mauuington 

Marion 

Martinsbur^li 

Berkley 

Middleboume 

Tyler 

Moorefield 

Hardy 

Morgantown 

Monongalia 

Moundsville 

Marshall 

New  Cumberland 

Hancock 

New  Martinsville 

Wetzel 

Nicholas 

Nicholas 

Oceana 

^Yyomillg• 

Parkersburgh 

Wood 

NAMES   OF   ATTORNEYS.      POPULA'N. 


.7.  B.  Laidley. 

363 

11.  J.  Smith. 

575 

Butcher  &  Harding. 

300 

F.  J.  Baxter. 

250 

W.  C.  Carper. 

800 

C.  W.  Lynch. 

1,873 

Knight  «fc  Couch. 

5,000 

Geo.  Baylor. 

4,193 

E.  R.  Andrew. 

108 

Wm.  Beard. 

515 

{See  Farmington.) 

1,200 

^*W.W.  Campbell, '80. 

197 

^  See  Card  in  Appendix,  page  xxv. 

( See  Uu n  tington. ) 

137 

G.  A.  Blakeman. 

300 

N.  M.  Bennett. 

236 

f  tM.  H.  Dent. 

\  See  Card  in  Appendix,  jyage  xxvi. 

3,030 

Linn  &  Hamilton. 

112 

R.  C.  Dickinson. 

250 

Adams  &  Miller. 

1,500 

L.  M.  McClintic. 

1.50 

L.  D.Isbell, '71. 

3,174 

W.  Miller. 

408 

F.  M.  Reynolds. 

3,000 

Wm.  Brown. 

365 

Alex.  F.  Matthews. 

985 

C  R.  H.  Clay. 

500 

>  t  G.  R.  Williams. 
B.  F.  Charlton. 

1,000 

Faulkner  Ingles. 

7,000 

W.  P.  Boreman. 

400 

H.  S.  Carr. 

800 

W.  T.  Willy. 

1,500 

0.  L.  Holliday. 

2,500 

.1.  H.  Atkinson. 

2,000 

GEO.  H.  UMSTEAD. 

850 

J.  D.  Alderson. 

180 

L.  L.  Chambers. 

137 

(  *  V.  B.  ARCHER,  '75. 

I  W.  W.  .JACKSON. 

6.583 

I  BARNA  POWELL,  '58. 

WEST  VIRGINIA. 


84o 


ri-ATT^. 

COUNTY. 

Perry  sville 

McDowell 

Petersburgh 

Grant 

PhUUpi 

Barbour 

Point  Pleasant 

Masou 

Princeton 

Mercer. 

Raleigh  C  H 

Raleigh 

Kavenswnod 

Jackson 

Ritchie  C  H 

Ritchie 

Romney 

Hampshire 

8t.  Albuns 

Kanawha 

St.  George 

Tucker 

St.  Mary's 

Pleasants 

Shepherdstown 

.Teiferson 

Spencer 

Roane 

Union 

Monroe 

Wajme  C  H 

Wayne 

Webster 

AVebster 

Wellsburgh 

Brooks 

Weston 

Lewis 

West  Union 

Doddridge 

Wheeling 

Ohio 

Winfield 

Putnam 

NAMES   OF   ATTORNEYS.      POPULa'n. 


n.  C.  Anvil. 
Re3'nolds  &  Forman. 
Hon.  Samuel  Woods. 
Simson  &  Howard. 
McClaugherty  &  Hale. 
Geo.  W.  Cook. 

*  CHAS.  N.  MATHENY^ 
Thos.  E.  Davis. 

R.  W.  Dailey,  Jr. 
Worth  &  Briggs. 
L.  S.  Anvil. 
J.  B.  Townsend. 
Geo.  M.  Beltzhoover. 
Wells  &  Pendleton. 
Frank  Hereford,  '57. 

B.  J.  Pritchard. 

C.  P.  Dorr. 

F.  P.  NUZUM,  '87. 
J.  M.  Bennett. 

*  P.  GANG. 
Jas.  P.  Rogers. 
James  H.  Nash. 


■87. 


100 
:J50 
400 

2,000 
250 
22.') 
!)00 
;500 
750 

1,800 
280 
800 

1,533 
300 
372 
255 
200 

2,562 

1,600 

450 

31,26r> 

407 


«46 


WEST  VIRGINIA. 


BANKS  IN  WEST  VIRGINIA. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  of  one 
■bank  in  eacli  county  of  this  state  in  whicli  such  a  banking  institution  is  located. 


Alderson 

Buckhannou 

Charleston 

Charlestown 

Clarksburg 

Fairmont 

Grafton 

Huntington 

Kingwood 

Lewisburg 

Martinsburg 

Moorefield 

Morgantown 

Monndsville 

NewCumb'rl'd 

Parkersburg 

Phillipi 

Piedmont 

Point  Pleasant 

Princeton 

Ravenswood 

Shepherdstown 

Union 

Wellsburg 

Weston 

Wheeling 


NAME   OF    BANK. 

Greenbrier  Valley  Bank 
Buckhannon  Bank 
Kanawha  Valley  Bank 
First  Nat  Bk  of  Jefferson 
Merch  Nat  Bk  of  W  Va 
First  National  Bank 
First  National  Bank 
First  National  Bank 
National  Bank  of  Kingwood 
Bank  of  Lewisburg 
Nat  Bank  of  Martinsburg 
S  Branch  Valley  Nat  Bank 
Merch  Nat  Bk  of  W  Va 
Marshall  County  Bank 
Citizens'  Bank 
First  National  Bank 
Tygart's  Valley  Bank 
National  Bank  of  Piedmont 
Merchants'  National  Bank 
Nat  Bank  of  Princeton 
Bank  of  Ravenswood 
Jefferson  Savings  Bank 
Bank  of  Union 
Wellsburg  National  Bank 
National  Exchange  Bank 
Exchange  Bank  of  Wheel'g 


PAID  UP 

CASHIER.  CAPITAL. 

Jas.  E.  Mann.  $29,000 

R.  E.  Hudkins.  20,000 

W.  B.  Seaton.  148,100 

S.  Howell.  50,000 

L.  Haymond.  100,000 

J.  E.  Sands.  100,000 

F.  M.  Durbin.  85,000 

M.  C.  Dimmick.  50,000 

F.  Heermans.  125,000 
J.  W.  Matthews.  40,000 
Geo.  S.  Hill.  100,000 
J.  W.  Gilkeson.  55,000 
Wm.  Wagner.  110,000 
H.  W.  Hunter.  35,000 
(Smith  &  Campbell.)  25,000 
R.  J.  McCandish.  150,000 

G.  W.  Gall,  Jr.  35,000 
U.  B.  McCandish.  50,000 
T.  Stribling.  50,000 
H,  Scott.  25,000 
J.  L.  Armstrong.  25,000 
B.  F.  Harrison.  25,000 
J.  W.  McNeer.  37,800 
J.  S.  Beall.  100,000 
D.  M.  Bailey.  100,000 
John  J.  Jones.  200,000 


STATE  OF 

WISCONSIN. 

SUiMMARY   OF 

CoLLKCTioN    Laws. 

■Court  Calendar,  Instructioxs  for  taking   Depositions,  Legal  Forms,  Etc. 

Expressly  Prepared  and  Revised  to  Nov.  l.st,  1887,  for  "  Showers' 

Legal  Directory  and  Merchants'  Guide."  for  1888,  by 

A.   G.   WEISSERT,  ESa.,  OF  THE  MILWAUKEE  BaR.  ' 

Acknowledgments. — Deeds  executed  within  the  state — of  lands  or  any 
interest  iu  lanits  therein — must  be  executed  in  the  presence  of  two  ■witnesses, 
and  the  persons  executing  must  acknowledge  the  execution  before  any  judge 
of  a  court  of  record,  commissioner,  clerk  of  a  circuit  court,  county  clerk, 
notary  public,  justice  of  the  peace,  United  States  court  commissioner,  regis- 
ter of  deeds,  or  clerk  of  the  municipal  court  of  the  city  and  county  of  Mil- 
waukee. If  made  by  a  corporation  organized  under  any  law  of  this  .state, 
such  acknowledgment  must  be  made  by  the  ijresident  or  other  authorized 
officer  of  tlie  corporation,  sealed  with  the  corporate  seal,  and  countersigned 
by  the  secretary  or  clerk  of  such  corporation.  Deeds  conveying  land,  or 
any  other  intei'est  in  land,  situated  in  this  state,  if  executed  in  any  other 
state,  territory  or  district  of  the  United  States,  may  be  executed  according 
to  the  laws  of  such  place,  and  the  acknowledgment  maybe  before  any  judge 
or  clerk  of  a  court  of  record,  notary  i)ublie,  ju.stice  of  the  peace,  master  in 
chanceiy  or  other  officer  there  autliorized  by  law  to  take  the  acknowledg- 
ment of  deeds  therein,  or  before  a  commissioner  appointed  by  the  governor 
of  this  state  for  such  purjiose.  And  if  executed  within  the  jurisdiction  of 
any  military  post  of  the  United  States,  not  within  this  state,  it  may  be 
acknowledged  before  the  commanding  officer  thereof.  If  such  acknowledg- 
ment be  taken  before  any  commissioner  appointed  by  the  governor  of  this 
■state,  clerk  of  a  court  of  record  with  seal  attached,  notary  public  having  a 
..seal,  or  commanding  officer  of  a  military  post,  the  certificate  of  acknowledg- 
ment shall  certify  that  said  acknowledgment  and  execution  was  according 
to  the  laws  of  such  state,  territory  or  district.  If  executed  before  any 
•other  officer  than  as  last  above  mentioned,  it  shall  have  attached  thereto  a 
certificate  of  the  clerk  or  other  proper  certifying  officer  of  a  court  of  record 
of  the  county  or  district  within  which  such  acknowledgment  was  taken, 
under  the  seal  of  his  office,  that  tlie  person  whose  name  is  subscribed  to  the 
certificate  of  acknowledgment  was  at  the  date  thereof  such  officer  as  he  is 
therein  represented  to  be,  and  that  he  believes  such  signature  to  be  genuine, 
and  that  snch  deed  was  executed  according  to  the  laws  of  such  state,  terri- 
tory or  district.  If  such  deed  be  executed  in  any  foreign  country;  it  may  be 
executed  according  to  its  laws,  and  acknowledged  before  any  notary  public — 
with  .seal  affixed — or  other  officer  authorized  by  law  there  to  take  such  ac- 
knowledgments, or  any  minister,  charge  d'affaires,  commissioner  or  consul 
•of  the  United  States  appointed  to  reside  therein,  with  certificate  that  such 
'execution  and  acknowledgment  was  according  to  the  laws  of  such  country. 

[Wis.  1.] 


848  WISCONSIN. 

Actions. — In  circuit  courts,  actions  are  commenced  by  summons  issued 
from  the  attorney's  office,  Comiilaint  may  be  annexed  or  not  at  ideasure. 
Twenty  days  after  service,  judgment,  in  default  of  answer  or  demand  for 
complaint,  may  be  entered  with  the  clerk  in  actions  "  on  contract  for  the  re- 
covery of  money  only;"  and  execution  issued  at  once.  In  other  actions 
judgment  only  by  the  court  in  term.  In  justice's  court,  if  service  is  ob- 
tained, judgment  can  be  rendered  on  return  day,  which  must  be  at  least  six 
days  after  service,  upon  proof  of  plaintiff's  claim. 

Actions  concerning  real  estate  are  to  be  brought  in  the  county  wheie  the 
land,  or  some  part  thereof,  lies.  Against  a  railroad  company,  in  some  county 
through  which  the  road  nins  ;  against  other  corporations,  if  domestic,  where 
the  cause  arose,  or  the  principal  office  is  situated;  if  foreign,  at  plaintiffs 
option.  Personal  actions  may  be  brovight  in  any  county,  but  defendants 
may  have  venue  changed  to  county  where  they  reside.  The  circuit  court 
shall  also  change  the  place  of  ti'ial  of  any  action  commenced  before  a  justice 
of  the  peace  by  process  personally  served,  and  pending  on  api)eal,  to  the 
county  in  wliich  the  defendant  resides,  upon  motion  made  at  i\ rst  term  at 
which  action  is  noticed  for  trial. 

Administration. — Letters  of  administration  shall  be  granted  to  the  fol- 
lowing persons,  and  in  the  following  manner  : 

1st.  To  the  widow  or  next  of  kin,  or  both,  as  the  county  court  may  think 
proper,  or  such  person  as  the  widow  or  next  of  kin  may  request  to  have  ap- 
pointed, i£  suitable  and  competent  to  discharge  the  trust. 

2d.  If  the  widow,  or  next  of  kin,  or  the  person  selected  by  them,  .shall  be 
unsxiitable  or  incompetent,  or  if  the  widow  and  next  of  kin  shall  neglect  for 
thirty  days  after  the  death  of  the  intestate  to  apply  for  administration,  or  to 
request  that  administration  be  granted  to  some  other  person,  the  same  may 
be  granted  to  one  or  more  of  the  principal  creditors,  if  any  sucli  are  compe- 
tent and  willing  to  take  it. 

8d.  If  there  be  no  widow,  next  of  kin  or  creditor  competent  and  willmg 
to  take  administration  ;  the  same  may  be  committed  to  some  other  person  as 
county  court  may  think  proper.  When  any  person  shall  die  intestate,  leav- 
ing property  in  the  state,  but  leaving  no  widow  or  next  of  kin  known  to  the 
county  court,  living  therein,  administration  shall  then  be  granted  to  public 
administrator. 

Affidavits. — Affidavits  may  be  taken  outside  this  state,  for  use  here,  before 
any  judge,  court  commissioner,  master  in  chancery,  notary  public,  justice  of 
the  peace,  or  other  officer  authorized  by  any  state,  territory  or  district  of  the 
United  States  to  administer  oaths  in  the  form  there  authorized.  Unless  such 
oath  or  affidavit  is  certified  by  a  notary  public,  and  his  official  seal  thereto 
affixed  (in  which  case  no  further  attestation  is  necessary.  Laws  1883,  chap. 
119),  such  affidavit  or  oath  must  have  attached  a  certificate  of  the  clerk  or 
other  proper  certifying  officer  of  'a  court  of  record  of  the  county  or  district 
within  which  such  oath  or  affidavit  w  as  taken,  under  his  seal  of  office,  that 
the  person  whose  name  is  subscribed  to  the  jurat  was  at  the  date  thereof 
such  officer  as  he  is  therein  represented  to  be,  and  that  he  believes  the  signa- 
ture of  such  officer  to  be  genuine. 

Aliens. — It  shall  be  unlawful  for  any  alien  not  a  resident  of  this  state,  or 
f>f  the  United  States,  or  for  any  corporation  not  created  by  or  under  the 
laws  of  the  United  States,  or  of  some  other  state  or  territory  of  the  United 
States,  to  hereafter  acquire,  hold,  or  own  more  than  three  liundrcd  and 
twenty  acres  of  land,  in  this  state,  or  any  interest  therein,  except  such  as 
may  be  acquired  by  devise,  inheritance,  or  in  good  faith,  in  the  course  of  jus- 
tice, in  the  collection  of  debts  heretofore  created.  Corporations  and  asso- 
ciations, more  than  twenty  per  cent,  of  the  stock  of  whicli  is  or  may  be 
owned  by  any  person,  corporation,  or  association,  who  are  aliens  not  resident 
of  this  state  or  of  the  Unit<id  States,  are  under  the  same  restrictions. 
[WiK.  2.] 


WISCONSIN.  819 

Appeals. — Appeals  lie  from  a  court  of  justice  of  the  peace  to  the  circuit 
or  county  court ;  from  the  probate  courts  to  the  circuit  courts,  and  from  the 
circuit  and  county  courts  to  the  supreme  court..  In  appeals  from  a  justices' 
court,  they  shall  be  tried  de  novo,  when  the  judgment  appealed  from  shall 
exceed  $15, exclusive  of  costs,  or  if  the  party  at  the  time  of  appealing  shall 
make  affidavit  that  he  has  a  valid  claim  against  the  adverse  party  exceeding 
$15  ;  or  when  in  an  action  of  replevin,  the  jury  or  justice  sliall  find  the 
value  of  the  property  in  controversy  exceeds  $15. 

Arrest. — Defendant  may  be  arrested  by  order  of  a  judge,  at  any  time  be- 
fore judgment  on  an  affidavit  showing  a  cause  of  action  for  damages,  nor  on 
contract  for  embezzlement,  &c.,  by  public  officer,  attorney,  &c.,  for  other 
causes  named  in  the  statute. 

Assignments  and  Insolvency. — Ati  insolvent  debtor  may  make  an  assign- 
ment for  the  benefit  of  his  creditors.  Preference  to  creditors  prohibited, 
except  for  the  wages  of  laborers,  servants  or  employees,  earned  within  six 
months  prior  to  assigument.  In  insolvency  proceedings,  he  must  present  a 
petition  to  the  circuit  court,  or  a  judge  thereof,  with  sworn  schedule  and 
affidavit.  A  creditors'  meeting  is  held  after  due  notice  by  publication,  and 
on  issue  joined,  a  jury  trial  may  be  had,  and  defendant  examined  under  cath 
as  to  his  property,  If  jury  find  for  insolvent,  the  court  will  grant  his  dis- 
charge ;  but  tliis  is  voidable  where  fraiul  has  been  practiced.  If  no  objec- 
tion, the  judge  grants  discharge  as  of  course. 

Attachments. — May  issue  against  property  of  debtor,  except  municipal 
corporations,  eitlier  at  the  time  of  issuing  summons,  or  at  any  time  before 
final  judgment;  in  actions  on  contract,  express  or  implied,  or  upon  judgment 
or  decree,  where  the  plaintiff  or  st)me  one  in  his  behalf,  show  s  by  affidavit, 
that  the  debt  exceeds  fifty  dollars — specifying  amount  as  near  as  can  be — 
over  and  above  all  legal  set-otis,  and  that  deponent  knows,  or  has  good  rea- 
son to  believe,  either: 

1.  That  the  defendant  has  absconded,  or  is  about  to  abscond  from  the  state, 
or  is  concealed  therein,  with  intent  to  avoid  the  service  of  a  summons  ;  2. 
That  he  has  assigned,  conveyed,  disposed  of,  or  concealed,  or  is  about  to,  any 
of  his  property,  w  ith  intent  to  defraud  his  creditors.  3.  That  he  has  le- 
moved,  or  is  about  to  remove,  any  of  his  property  out  of  the  state,  with  like 
intent.  4.  That  he  fraudulently  contracted  the  debt  or  incurred  the  obliga- 
tion respecting  which  the  action  is  brought ;  or,  5.  That  he  is  not  a  resident 
of  this  state  ;  or,  G.  That  the  defendant  is  a  foreign  Cf)rporation,  or,  if  created 
under  the  laws  of  this  state,  that  all  the  proper  officers  thereof,  on  whom  to 
serve  the  summons  do  not  exist,  are  non-residents  of  tlm  state,  or  can  not  be 
found  ;  or,  7.  That  the  action  is  brought  against  the  defendant,  as  principal, 
upon  an  official  bond,  to  recover  money  due  the  state,  or  some  county  orotlier 
municipality  therein  ;  or  that  the  action  is  brought  against  a  defemlant,  as 
principal,  upon  a  bond  or  other  instrument  given  as  evidence  of  indebted- 
ness, for  or  to  secure  payment  of  money  embezzled  or  misappropriated  by 
the  defendant,  while  acting  as  an  officer  of  the  state,  or  of  any  county  or 
municipality  therein  ;  or  an  affidavit  showing  that  a  cause  of  action,  sound- 
ing in  tort,  exists  in  favor  of  the  plaintiff",  against  the  defendant  named  in 
such  writ  ;  that  the  damages  sustained  and  claimed,  exceed  the  sum  of  fifty 
dollars,  specifying  the  amount  claimed,  and  the  further  statement,  either :  1. 
That  the  defendant  is  not  a  resident  of  this  state,  or  that  his  residence  is  un- 
known, and  cannot  with  due  diligence,  be  ascertained ;  or,  3.  That  the  de- 
fendant is  a  foreign  corporation. 

Attachment  may  be  issued  on  demand  not  due,  in  any  case  mentioned 
above,  except  the  5th,  Gth  and  7th  ;  same  proceedings  had  and  like  affidavit, 
except  that  it  must  state  that  the  debt  is  to  become  due  ;  and  tlie  undertaking 
must  be  conditioned  in  three  times  the  amount  demanded. 

Attachment  may  be  travcr.sed  by  special  answer,  the  i)laintiff  must  prove 
the  allegations  of  tlie  affidavit ;  proof  of  good  reason  to  believe  them  true  is 

[Wis.  3.] 


850  WISCONSIN. 

iiisaffioient ;  and  on  dubt  not  due,  if  traversed  .successfully,  action  will  be 
dismissed,  with  costs  against  plaintiff. 

Bills  of  Exchange  and  Promi.ssory  Notes. — (See  Notes  and  BilU  of 
Exchange.) 

Chattel  Mortgages. — No  mortgage  of  personal  property  is  valid  against 
any  other  person  than  the  parties  thereto,  unless  jiossession  be  delivered  to 
and  retained  by  the  mortgagee,  or  unless  the  mortgage  or  copy  thereof  be 
filed  in  the  office  of  the  clerk  of  the  town,  city  or  village  where  the  mortga- 
gor I'esides,  or  in  case  the  mortgagor  is  a  non-resident,  with  the  clerk  of  the 
town,  city,  or  village  where  the  property  may  be  at  the  time  of  the  execu- 
tion of  such  mortgage.  They  are  then  valid  for  two  years  from  date  of  fil- 
ing same  ;  not  valid  after  that  time  unless  within  thirty  days  next  preceding 
the  expiration  of  the  two  years,  the  mortgagee,  his  agent  or  attorney,  shall 
make  and  aiuiex  to  the  instrument  an  affidavit  setting  forth  the  interest 
which  the  mortgagee  has  by  virtue  of  such  mortgage  in  the  property  therein 
mentioned,  upon  which  affidavit  the  clei'k  shall  indorse  the  time  when  the 
same  was  filed.  The  effect  of  such  affidavit  shall  be  to  extend  the  time  two 
years  longer  from  the  time  it  would  otherwise  have  expired.  Before  the 
time  when  such  mortgages  would  otherwise  expire  a  similiar  affidavit  may- 
be filed  within  ttiirty  days  with  like  result. 

No  chattel  mortgage  of  personal  property,  which  is  by  law  exempt  from 
seizure  and  sale  upon  execution,  shall  be  valid  unless  the  same  be  signed  by 
the  wife  of  the  person  making  such  chattel  mortgage,  if  he  be  a  married 
man,  and  his  wife  at  the  time  be  a  member  of  liis  family,  and  unless  such 
signature  of  such  wife  be  witnessed  by  two  witnesses. 

Claims  against  Decedent's  Estates.^The  debts  of  a  decedent  (after 
paying  necessary  expenses  of  administration)  shall  be  paid  in  the  following 
order  :  1st.  The  necessary  funeral  expenses.  2d.  The  expenses  of  the  last 
sickness.  3d.  Debts  having  a  preference  under  the  laws  of  the  United 
States.  4th.  Debts  due  to  other  creditors.  If  there  shall  not  be  assets 
enough  to  pay  all  the  debts  of  any  one  class,  each  debtor  shall  be  paid  a 
dividend  in  proportion  to  his  claim  ;  and  no  creditor  of  any  one  class  shall 
receive  any  payment  until  all  of  those  of  the  preceding  class  shall  be  fully 
paid.  Proof  of  claims  against  estate  should  be  promptly  filed  in  i^robate 
court. 

Corporations. — May  be  formed  under  the  general  statute  (Sec.  1771,  R. 
8,  1878)  by  filing  articles  of  incorporation  with  the  register  of  deeds  of  the 
county  in  which  such  corporation  is  located.  Such  original  articles,  or  a 
true  copy  thereof,  must  be  verified  as  such,  by  the  affidavits  of  two  of  the 
signers,  and  a  like  verified  copy  must,  within  thirty  days,  be  filed  with  the 
secretary  of  the  state.  Stockholders  are  liable  only  to  the  amount  of  stock 
subscribed  by  them  until  the  same  is  fully  paid.  The  directors  need  not  be 
citizens.     {See,  also,  Aliens.) 

Courts. — Tlheir  TermH  and  Jurisdiction  : 

Justices  of  the  Peace. — Justices  of  the  peace  have  jurisdiction  co-exten- 
sive with  limits  of  his  county  when  amount  claimed  or  value  in  controversy 
does  not  exceed  two  hundred  dollars,  but  the  defendant  may  confess  judg- 
ment for  any  sum  not  exceeding  three  hundred  dollars.  No  justice  has 
jurisdiction  in  any  action  for  libel,  slander,  malicious  prosecution,  false  im- 
prisonment, actions  where  title  to  real  property  shall  come  in  question, 
against  an  executor  or  administrator  for  any  debt  or  demand  due  from  testa- 
tion or  intestate  actions  for  or  against  any  town  in  which  the  justice  is 
elected.     Appeal  lies  to  circuit  courts  when  trial  de  novo  takes  place. 

Superior  Courts. — The  superior  court  for  Milwaukee  county  has  exclusive 
appellate  jurisdiction  in  all  appeal  cases  from  justice  courts  in  civil  actions, 
[Wis.  4.] 


^WISCONSIN, 


851 


ami  in  all  cases  commenced  in  justices'  court  toucliing  the  title  of  lands. 
f>aid  court  also  exercises  jurisdiction  in  all  civil  actions  and  proceedings  in 
law  and  equity,  consistent  with  tlici  circuit  court  to  the  extent  of  not  over 
live  million  dollars. 

Circuit  Courts. — A  circuit  court  exists  in  each  of  the  several  judicial  cir- 
cuits into  Avliich  the  state  is  divided,  and  has  a  general  jurisdiction  co-exten- 
sive with  circuit  in  all  cases  arising  in  law  and  etjuity.  xV.lso  has  jurisdiction 
of  all  crimhxal  cases,  and  is  the  appellate  court  from  justices'  and  probate 
courts. 

County  Courts — County  courts  have  appellate  jurisdiction  from  justices' 
court  in  certain  counties.  The  county  judges  shall  also  hold  i)robate  court 
and  have  jurisdiction  over  matters  relating  to  estates  of  deceased  persons, 
minors,  and  persons  of  unsound  mind. 

Supreme  Courta. — The  supreme  court  is  the  highest  appellate  court  in  the 
state  and  has  a  general  superintending  control  over  all  the  inferior  courts. 
Appeals  lie  from  the  various  circuit  courts  and  the  superior  court  of  Mil- 
waukee county  ;  from  county  courts  when  acting  as  appellate  courts  or  ex- 
ercising civil  jurisdiction,  and  from  the  municipal  courts  of  Ripon,  Madison 
and  Milwaukee.  It  also  has  an  original  jurisdiction  in  quo  warranto,  habeas 
corpus,  mandamus  and  other  remedial  writs. 


Court  Calendar. - 


UNITED  STATES  COURTS. 


For  terms  of  the  tJnited  States  Circuit  and  District  Courts  and  officials,  see  first 
part  of  Court  Calendar. 

THE  SUPREME  COURT  OF  WISCONSIN. 

Jurisdiction.  Its  jurisdiction  is  clilefly  appellate,  with  exclusive  original  Juris- 
diction of  actions  against  the  State,  and  the  power  to  issue  writs  of  mandamus, 
prohibition,  quo  warranto,  etc. 

Chief  Justice,  Orsamus  Cole.  Associate  Justices,  William  P.  Lyon,  David  Taylor, 
ITarlow  S.  Orton,  and  John  B.  Cassoday,  all  residing  at  Madison.  C^er A,  Clarence 
ICellogg,  of  Madison.  Reporter,  F.  K.  Conover,  ot"  Madison.  Attorney-GenercU, 
Charles  E.  Estabrook,  of  Manitowoc,  Wis. 

Regular  Terms.  At  Madison,  Tuesday  preoeedlng  2d  Wednesday  iu  .lanuary 
and  2d  Tuesday  in  August. 


TIMES  FOR  HOLDING  CIRCUIT  COURTS. 


County. 
Adams  .  . 
Ashland  . 
Barron  .  . 
Bayfield  . 
Brown  .  . 

Buffalo  .  . 
Burnett  . 
Calumet  . 
Ohippewa 
(Uarke  .  . 
Columbia 
Crawford 
Dane     .  . 

I>odge    .  . 
Door  .  .   , 


County  Seat.      Circuit 


.  Friendsliip  . 
.Ashland.   . 
Uarron    .   .   . 
Bayfield     .  , 
tireen   Bay 


9th 
loth. 
11th. 
15th. 
Itth. 


.  ,\lina 8th. 

.  (jrantsburg  .  .  11th. 
.  Chilton  ....  od. 
.  Chippewa  Falls  11th. 
.  NeillsvlUe  .  .  6th. 
.  Portage  ....  i»th. 
Prairie  duChien  6th. 
.  Madison    .  .   .     yth. 


,  .luneau  .   .   .   . 
,  Sturgeon  Bay 


Douglas 
Dunn     . 


Superior   .  . 
Menomonee 


Eau  Claire  .  Eau  Claire 


Florence  .  . 
Fon  du  Lac. 


Florence    . 
Fon  du  Lac. 


i:«h. 

14th. 


11th. 
8th. 


8th. 


10th. 
4th. 


Terms. 
Hd  Tues.  In  Jan.  and  2d  Tues.  in  June,  ftt 
Ist  Tues.  in  June  and  1st  Tues.  in  Dec.  Jj 
Tues.  after  4th  Mon.  in  .-Vpril  and  Sept.  U 
1st  Tues.  in  xVpril  and  Oct.ji 

2d  Mon.  in  Jan.  f  1st  Mon.  in  April,  and  2d  Mon. 
in  Nov.** 

4th  Mon.  In  Feb.  and  4th  Mon.  in  Oct.  tl 
Tues.  after  od  Mon  in  .\prll  and  Sept.  fj 
1st  Mon.  after  1st  Tues.  April,  let  Mon.  of  Oct.  * 
Tues.  after  1st  Mon  in  May  and  Oct.  5| 
1st  Mons.  in  March  g  and  Sept. 
2d  Tues.  in  May  %  and  2d  Tues.  In  Dec.  +ttt 
4th  Tues.  in  May  *  and  2d  Tues  In  Nov. 
Mon.afterlstTues.  In  April,I2dTues.  lnJuly«*t 

2d  Mon.  In  Nov  Jttt 
4th  Tues.  in  Sept.  and  2d  Tues.  In  Feb. 
1st  Tues  in  p-eb.  and  Tues.  after  1st  Mons.    In 

Sept  ** 
4th  Mon.  in  .lune  and  od  Mon.  In  Dee.  J- 
2d  Mon.  in  March  and  Sept.  Jl  and  1st  Mon.  in 

July. t 
4th  Mons.  in  March  lij  and  Sept.,  and  1st  Mon. 

in  .Ian.  t 
1st  Tues  in  March  and  ;M  Tues  In  Sept.  *** 
Tue.s.  after  1st  Mon.   in   March.)  Tues.  after  2d 

Mon.  in  Nov.,  Tues.  after  .".d  Mon.  in  Feb.ft 

and  Tues.  after  Ist  Mon.  In  July.  If 

[Wis.  .5.] 


852 


WISCONSIN. 


OourUy.         OourUi/  Scat.      Circuit. 


Terrrns. 


Forrest  .  .  Crandon  .  .  . 
Grant  .  .  .  Lancaster  .  . 
Green  .  .  .  Monroe  .... 
Green  Lake.Dartford.  .  .  . 
Iowa  ....  Dodgeville  .  . 
Jackson.  .  Blk  River  Falls 
Jefferson    .  Jefferson  .   .  . 


Jnneau   . 
Kenosha 


.  Mauston 
.  Kenosha 


■  Kewaunee  .Kewaunee  . 
La  Crosse  .  La  Crosse  .  . 
Ija  Fayette.Darlington  . 
Langlade  .  Antigo.  .  .  . 
Lincoln  .  .  Merrill  .  .  . 
Manitowoc, Manitowoc  . 

Marathon  .  Wausau.  .  . 
Marinette  .Marinette  . 
Marquette,  Montello   .   . 

Milwaukee  Milwaukee  . 


10th. 
6th. 
12th. 
3d. 
6th. 
6th. 
12th. 

9th. 
1st. 

4th. 
6th. 
5th. 
10th. 
7th. 
4th. 

Tth. 

14th. 

9th. 

2d. 


Monroe  .  .  Sparta  ....  6th. 
Oneida  .  .  Rhinelander  .  15th. 
Oconto  .  .  Oconto  ....  14th. 
Outagamie  Appleton  .  .  .  10th. 
Ozaukee  .  P.Washington  13th. 
Pepin  .  .  .  Arkansaw  .  .  8th. 
Pierce  .  .  ,  Ellsworth   .  .     8th. 


Polk 


,  Osceola  Mills,  llth. 


Portage   .   .  Stevens  Point.    Tth 
J 'rice    .   .   .  Phillips    .   .   .    15th. 
lUicine    .   .  Racine  ....    1st. 

Richland  .  Richland  C'tre.  .5th. 
'  Itock     .   .   .  Janesville   .   .    12th. 

St.  Croix    .  Hudson     .   .  .     Sth. 

Sauk     .   .   .  Raraboo    .   .  .     9th. 

Sawyer    .   .  Hayward     .  .   1.5th. 

Shawano    .  Shawano  .   .  .    10th. 

Sheboygan  Sheboygan  .  .     4th. 

Taylor     .   .  Medford    .   .  .  15th. 

Trempea'lu  White  Hall  .    6th. 

Vernon   .  .  Viroqua   .  .  .     6th. 

Walworth    Elkhorn    .  .  .     1st. 

Washburn.  Shell  Lake  .  .    llth. 

Wash'gton  West  Bend  .  .    13th. 

Waukesha  Waukesha  .  .    13th. 

Waupaca  .  Waupaca  .  .  Tth. 
Waushara  .  Wautoma  .  .  Tth. 
Winnebago  Oslikosh  .   .   .     3d. 


Wood 


Grand  Rapid. s    Tth. 


1st  Tues  in  April  and  Ist  Tues,  In  Oct.  *** 
3d  Tues.  in  Feb.*  and  2d  Sept. 
1st  Tues.  in  March  and  Oct.*  3d  Tues.  in  June.** 
3d  Mon.  in  Jan.  and  1st  Mon.  in  June.* 
4th  Tues.  in  March*  and  1st  Tues.  in  Oct. 
3d  Mons.  in  March  g  and  Sew. 
1st  Mon.  in  Feb.,  1st  Mon  in  Sept.,*  and  2d  Tues, 

in  June.** 
2d  Mon.  in  Marcli  and  3d  Mon.  In  Oct.ftt 
2d  Mon.  in  April,  Ist  Mon  in  Aug.,**  and  2d  Mou, 

in  Nov.* 
1st  Mon.  in  May  J  and  8d  Mon  in  Oct. 
2d  Mons.  in  May  g  and  Nov. 
3d  Tues.  in  June*  and  1st  Tues.  in  Dec. 
3d  Tues.  in  March  and  1st  Tues.  in  Sept.gg 
Ist  Mon.  in  May  and  last  Mon.  in  Oct.ft 
Tues.  after  2d  Mon.  in  Jan., J  and  Tues.  after  Ist 

Mon.  in  June. 
3d  Mon.  in  March  and  2d  Mon.  in  Nov. ft 
1st  Mon.  in  June  and  4th  Mon.  in  Oct.** 
Tues.  after  1st  Mon  in  Jan.,  and  Tues.  after  -Sd 

Mon.  in  June.ttt 
2d  Mon.  in  Jan.,*  1st  Mon.  in  May,  4th  Mou.  in 

.Tune,**  and  1st  Mon  in  Oct. 
1st  Mon  in  April  g  and  1st  Mon  in  Oct. 
4th  Tues.  in  April  and  Oct.  Ij 
3d  Mon.  ot  May,  1st  Mon.  of  Oct.** 
2d  Mon.  in  Oct.  gg  and  1st  Mon.  in  Feb  f 
Ist  Tues.  in  Sept.  and  March. 
3d  Mons.  in  April  and  Oct.  JT 
2d  Mon.  in  June,  2d  Mnn  in  r)ec.,|J  and  l.st  Mon. 

in  Sept.  at  River  Falls.f 
Tues.  after  2d  Mon.  in  June,  and  Tues.  after  is.t 

Mon.  in  Dec.  ||i| 
3d  Mon.  in  Fob.  and  2d  Mon.  in  Oct.  ft 
1st  Tues.  in  May  and  Nov.  |||| 
2d   Mon.  in   Marcti,  3d  Mon.  in  June,**  and  2d 

Mon.  in  Oct.* 
2d  Tues.  in  April* and  4th  Tues.  in  Oct. 
4th  Mon.  in  Jan.,**  4th  Mon.  in  April,  and  Wed. 

after  1st  Mon  in  Nov.* 
2d  Mon.  in  May,  3d  Mon.  in  Nov.,  H  and  3d  Mon. 

in  Feb.  f  at  Menonionic. 
3d  Mon.  in  March  and  3d  Mon.  in  Sept.  fft 
o(l  Toes,  in  April  and  Oct.  |||| 
■Uh  Mon  in  .Tune  and  2d  Mon.  in  Nov.  gg 
3d  Mon.  in  April  ||and  4th  Mon.  in  Sept. 
3d  Tues.  in  May  and  Nov.  |]| 
2d  Mons.  in.Iuneg  and  Dec. 
4th  Mon.  in  April  g  and  3d  Mon.  in  Oct. 
2d  Mons.  in  Fel>.,  June,**  and  Sept.* 
1st  Mon.  in  .Tune  and  4th  Mon.  in  Dec.  || 
3d  Tues.  in  Oct.  and  March. 
1st  Tues.  in  Dec,  4th  Tues.  in  May,  4th  Tue«.  In 

Aug.,t  and  1st  Tues.  in  Feb.f 
3d  Mon.  in  Jan.  and  June. ft 
3d  Tues.  in  April  and  last  Tues.  in  Sept.+f 
1st  Mon.  in  May,  1st  Mon.  in  Dec*  1st  Tues.  in 

Sept  and  Feb. 
4tli  Mon.  in  May  and  1st  Mon.  Dec  +t 


*  Every  term  In  this  circuit  is  also  special  term  for  whole  judicial  cir(Hiit. 
Special  terin  without  jury. 
Special  term  for  whole  circuit. 

Every  term  in  counties  of  Fon  du  Lac,  Manitowoc,  andSheboygan,  are  sjjeclal 
terriis  for  whole  circuit. 

g  Every    general    term  In   the   counties  of  .Tackson,   La  Crosse,    Monroe,    and 
Trempealeau,  are  special  terms  for  the  whole  judicial  circuit. 

**  Without  jury. 

ft  Every  general  term  shall  also  be  special  terms  for  whole  Tth  circuit. 

jf  Every  general  term  of  8th  circuit  is  special  term  for  whole  circuit. 

Illl  Every  general   term  in  Ashland,  Oneida,    Bayfield,  Taylor,  Price,   Sawyer, 
Chippewa,  and  Polk  counties  is  special  term  for  whole  circuit. 

***  Every  general  t<!rm  in  Langlade,  Outagamie  and  Shawano  is  special  term 
for  whole  circuit. 

ttt  Every  term  in  counties  of  Dane  and  Columbia  is  special  term  for  whole  cir- 
cuit. 

gg  Every  t^rnx   In   the  counties   of   Brown,  Oconto,  and   Marinette  are  special 
terms  for  whole  Judicial  circuit. 

[Wis.  C.] 


WISCONSIN.  8o3 

Deeds. — No  conveyance  of  land  shall  bo  good  and  available  in  law  unless 
the  same  shall  be  executed  in  the  presence  of  two  witnesses,  who  shall  sul)- 
ticribe  their  nanu-s  to  the  same  as  such.  If  by  a  corporation,  it  shall  be 
^igned  by  the  president  or  other  autliorized  officer  of  the  corporation,  sealed 
with  the  corporate  seal,  and  countersigned  by  the  secretary  or  clerk  thereof. 
To  entitle  a  conveyance  to  be  recorded,  the  same  must  be  acknowledged, 
and  unless  so  recorded,  shall  be  void  as  against  any  subsequent  purchaser  in 
good  faith  and  for  a  valuable  consideration  whose  conveyance  shall  first  be 
recorded.  Every  deed  duly  executed  and  acknowledged,  shall  bo  received 
in  evidence  without  further  proof  of  its  validity.  Wheuever  a  seal  is  neces- 
sary, a  scroll  or  device  as  a  seal  is  sufficient. 

Depositions. — Depositions  of  witnesses  within  the  state,  residing  more 
than  tliirty  miles  from  place  of  trial,  about  to  leave  the  state,  not  intending 
to  return  in  time  for  the  trial  or  hearing,  or  sick,  infirm  or  aged,  as  to  make 
it  probable  that  he  w  ill  not  be  able  to  attend  to  tlie  trial  or  hearing,  when 
he  shall  be  a  member  of  the  legislature  and  the  legislature  shall  be  in  ses- 
sion, provided  he  waives  his  i)rivilege,  when  his  testimony  is  material  to  any 
motion  or  other  similar  proceeding  pending  in  any  court  of  record,  and  bo 
shall  have  refused  voluntarily  to  make  his  affidavit  of  the  facts  within  his 
knowledge  in  reference  thereto,  may  be  taken  before  a  justice  or  court  coni- 
missicmer,  or  any  other  person  authorized  by  law  to  take  depositions.  No- 
tice required  is  twenty-four  hours,  and  one  day  for  every  twenty  miles' 
travel.  Interrogatories  may  be  written  or  verbal.  The  deposition,  written 
by  the  magistrate  or  under  his  direction,  duly  certified  by  him  and  attached 
to  the  notice,  must  be  i-etumed  to  the  court  where  to  be  used. 

Depositions  of  witnesses  without  the  state  are  taken  as  follows  :  A  com- 
missioner may  issue  (1)  where  an  issue  of  fact  has  been  joined;  (2)  when 
time  limited  lor  defendant  to  plead  has  expired  without  plea,  etc.  ;  (0) 
A\  hen  after  commencement  of  action  the  witness  is  sick,  infirm,  or  aged, 
;uid  likely  to  die,  or  is  about  to  remove,  or  for  any  other  cause  deemed  suffi- 
cient by  the  court ;  (-1)  when  needed  uj)()n  any  trial  or  hearing,  motion  or 
jiroeeeding,  before  or  after  judgment.  To  procure  commission,  ])arty  desir- 
ing it  prepares  direct  interrogatories,  stating  in  caption  the  name  of  the 
commissioner  projiosed  by  him  and  the  name  of  the  witness  and  place  of 
residence  of  each,  and  serves  a  coi)y  on  adverse  pai'ty.  with  notice  that  at 
end  of  ten  days  fi-om  date  of  service  a  commissit)n  w  ill  be  issued,  specify- 
ing cause  or  reast)n  for  taking  deposition.  Within  the  ten  days  tlie  opposite 
party  may  file  and  serve  cross-interrc>gatories  or  objections,  and  may  state 
name  of  another  and  additional  commissioner,  if  lie  desire  one,  who  shall  bo 
resident  of  the  same  county  as  the  one  first  named.  At  the  end  of  ten 
days,  if  time  be  not  enlarged,  the  moving  i>arty  may  file  notice,  interroga- 
tories, objections  to  cross-interrogatories,  and  i)roof  of  service.  The  com- 
mission siiall  then  issue,  with  all  int(.'rrogatories  annexed,  and  be  transmittexi 
to  commissioni'r  first  named.  If  (Uifendant  lias  not  appeared,  commission 
may  issue  without  notice  in  second  cause  above  specified.  The  commissioner 
first  named  shall  fix  time  and  place,  notify  othei  commissioner  ;  one  day's 
notice  and  one  day  for  each  thirty  miles'  travel ;  and  if  by  mail,  double  time 
required.  Commissioner  first  named  shall  liave  charge  of  and  return  depo- 
sition. Each  party  shall  pay  fees  of  his  own  commissioner  and  witnesses; 
same  to  be  taxi'd  as  disbursements.  Each  witness  must  subscribe  his  name 
to  deposition  ;  the  commissicmers  acting  must  subscribe  each  page,  and  must 
certify  in  their  return  the  mode  of  executing  same,  particularly  time,  place, 
and  manner,  and  must  show  by  certificate  that  the  "witness  before  deposing 
was  duly  sworn  or  affirmed  to  testify  the  truth,  the  whole  truth  and  nothing 
but  the  truth,  in  relation  to  matters  in  diffin-ence.  The  whole,  being  annexed 
together,  must  be  returned  by  the  commissioners  acting  to  the  clerk  of  the 
court,  in  a  sealed  envelope,  by  mail,  or  by  any  trusty  disinterested  person. 

fWIs.  7.] 


854  WISCONSIN. 

Form  of  Notice  and  Caption  for  Interrogatories. 

m.       >    State  of  Wisconsin.     In  Circuit  Court  for  Milwaukee  county. 

Interrogatories  to  be  propounded  to ,  of  the  city  of in  the 

county  of and  state  of ,  before Esq.,  of  the  city  of 

in  the  county  of and  state  of to  whom  a  commission  is  to  be 

issued  to  take  deposition  of  the  said  witness,  to  be  used  in  the  above  entitled, 
action  now  pending  in  said  court,  on  the  part  of  the  plaintiif. 

Form  of  Notice  to  be  served .  with  copy  of  Interrogatories. 
(Title  of  cause.) 

Gentlemen  : — Please  take  notice  that,  at  the  expiration  of  ten  days  from 
the  date  of  the  service  of  this  notice  on  you,  a  commission  will  be  issued  to 
-,  Esq.,  of in  the  county  of and  state  of to  take 


the  deposition  of ,  who  resides  in  the  city  of •  county  of  - 

and  state  of to  be  used  on  the  part  of  the  plaintiff  on  the  trial  of  the 

above  entitled  action.     The  reason  for  taking  said  deposition  is  (here  specify 
cause  or  reason.)  (Attorneys  for  plaintiff.) 

To ,  Attorneys  for  defendant. 

A  non-resident's  deposition  may  be  taken  before  any  United  States  or  state 
judge,  justice,  court  commissioner,  or  notary  public,  on  simple  notice  of  time 
and  place  of  taking  to  the  other  party  of  at  least  ten  days  and  one  day  addi- 
tional for  each  one  hundred  miles  from  the  party  notified. 

Every  deposition  should  be  filed  one  day  at  least  before  the  term  of  court. 
All  objections  to  the  validity  are  to  be  made  before  trial.  Depositions  may 
be  similarly  taken  in  cases  pending  before  a  justice. 

Fm-m  of  Deposition,  etc.,  where   a    Commission  Issues. 

CAPTION. 

A.  B.    ) 

vs.       >    State  of  Wisconsin.     In  circuit  court  for  Milwaukee  countv. 
CD.) 

[Use  this  caption  from  *to  the**  for  each  witness,  though  no  forms  are 
prescribed,  ] 

*The  deposition  of  E.  F,,  a  witness  on  the  part  of  the  said  plaintiff,  taken 
by  and  before  the  undersigned,  S.  G.  W.  (and — )  the  commission  (or  com- 
missioners) named  in  the  annexed  commission  issued  out  of  and  under  the 
seal  of  the  aforesaid  circuit  court  of  Milwaukee  county,  at  the  office  of  B. 
D.  J.  &  Co.,  in  the  city  and  county  of  New  York,  in  the  state  of  New  York, 
on  the  10th  day  of  October,  188  ,  between  the  hours  of  10  a.  m.  and  4  p.  m., 
upon  the  annexed  interrogatories  and  cross-interrogatories,** 

To  the  first  interrogatory  he  saith  :  My  name  is  P.  J.,  &c. 

To  the  first  cross-interrogatory  he  saith,   &c.  (Signed)  E.  F. 

Subscribed  and  sworn  to  before  me  this  10th  day  of  October,  A.  D.  188 — . 

S.  G.  W.,  Commissioner 

I,  S.G.  W.,  the  commissioner  named  (or  one  of  the  commissioners  named) 
in  the  annexed  and  foregoing  commission,  do  hereby  certify  and  return  to 
the  circuit  court  for  Milwaukee  county,  Wisconsin,  that  I  duly  received  the 
said  commission  (or,  use  this  if  two  commissioners  named  and  only  one  at- 
tends) :  *that  I  attended  alone  upon  the  execution  of  the  commission,  but 
previously  thereto  gave  written  notice,  a  copy  of  which  is  hereto  annexed  by 

B.  W.,  of  the  time  and  place  of  executing  the  same,  at  least days  before 

such  execution  (state  manner  of  service),  but  he  failed  to  attend,  and  at  the 
time  and  place  stated  in  the  caption  to  the  annexed  deposition,  caused  said 
witness,  E.  F.,  to  ajjpear  before  me  ;  that  then  and  there  said  witness  was  by 
me  first  cautioned  and  sworn  to  testify  the  truth,  the  whole  truth,  and  noth- 
ing but  the  truth,  in  relation  to  the  matters  in  difference  iu  said  action,  and 
[Wis.  8.] 


WISCONSIN.  855 

JTi  answer  to  the  direct  and  cross-intcrrogatorics' to  liim  addressed  ;  that  I 
then  propounded  to  said  witness,  consecutively,  each  intern )j^^atory  and  cross- 
interrogatory  annexed  to  said  commission  and  herewith  returned,  and  in  the 
same  order  myself  reiluced  his  answer  thereto  to  writing,  and  the  same  arc 
hereunto  annexed  ;  and  the  Bume  being  concluded,  I  read  to  witness  tlie  sev- 
eral answers  so  made  and  written,  and  ho  thereupon  subscribed  the  same  in 
my  presence,  and  tliat  I  have  subscribed  my  name  to  each  page  <^f  said  depo- 
sition ;  that  the  said  deposition  was  taken  on  the  10th  day  of  August,  188 — , 
between  the  hours  of  10  a.  m.  and  4  p.  m.  ;  that  my  fees  for  the  same  are  $10, 
})aid  by  plaintiff. 

In  witness  Avhereof  I  have  hereunto  set  my  hand.  Commissioner. 

yorm  when  Deposition  is  taken  before  a  Commissioner  of  Deeds  for  Wiscon- 
sin, without  Commission. 

CAPTION. 

C.  L.     ^ 
€5.         >  Statk  ok  "Wisconsin.     Circuit  court  of  Milwaukee  county. 
M.  N.  O.  ) 

Testimony  of  P.  R.  on  the  part  of  the  comj)lainant,  taken  before  S.  G.  W., 
commissioner  for  the  state  of  Wisconsin,  on  the  1st  day  of  January,  in  pur- 
suance c»f  an  order  of  said  court  (or,  the  annexed  notice,  or  stipulation). 
C  T.  R.  appearing  for  complainant,  and  R.  M.  E.  for  defendant. 

R.  M.  being  duly  sworn,  deposes  and  says  as  follows,  to  wit :'  "I  am  aiv 
quainted  with  the  parties,''  etc. 

[Jurat.]  (Signed.)  R.  M. 

CliKTIFICATK. 

Statk  of  Nkav  York,  } 

City  and  County  of  Xew  Yokk.  \     ' 

I,  S.  G.  W.;  commissioner  for  the  state  of  "Wisconsin,  in  and  for  said 
county,  do   hereby  certify  that  the  above  deposition  of  R.  M.  was  taken 

before  me  at  my  office ,  in  the  city  of  New  York,  in  said  county,  on  the 

1st  day  of  February,  A.  D.  18b — ,  c(jmmencing  at  10  o'clock  a.  m.  ;  that  it 
was  taken  at  the  re(j[uest  of  the  plaintiff  upon  verbal  (or  written)  interroga- 
tories hereto  aiuiexed,  and  reduced  to  writing  by  myself;  that  it  was  taken 
to  be  used  in  the  suit  of  C.  L.,  plaintilT,  and  M.  N.  0.,  defendant,  now  laeml- 
ing  in  the  circuit  court  of  said  Milwaukee  county,  state  of  ^^"iscc)nsin,  in 
pursuance  of  the  annexed  notice  ;  that  V.  T.  R.,  attorney  for  the  plaiutifl", 
and  R.  M.  E..  attorney  for  the  defendant,  attended  at  the  taking  of  said 
deposition  ;  that  said  deponent  was  before  examination  s'worn  to  testify  the 
truth,  the  whole  truth,  and  nothing  liutthe  tnith,  relative  to  said  cause;  antl 
that  said  deposition  was  carefully  read  over  to  said  deponent  by  me,  anil 
then  subscril)ed  by  him  ;  that  a  notice,  of  which  the  aimexed  is  a  true  copy, 
was  served  upon  R.  31.  E.,  the  attorney  for  the  defendant,  on  the  1st  day  of 
December,  188 — ,  an<l  said  deposition  taken  in  i)uisiian(;e  thereof. 

In  witness  whereof  I  have  hereto  set  my  hand  and  affixed  my  official  .seal 
this  1st  day  of  February,  188 — . 

S.  G.  W.,  commissioner  for  Wisconsin  in  New  York. 

Divorces. — From  the  bond  of  matrimony  may  be  granted  on  application 
of  the  party  injured  :  1.  Adulteiy.  2.  Impotence.  iJ,  When  cither  party 
subsequent  to  the  marriage  has  been  sentenced  to  imprisonment  for  three 
years  or  more  ;  and  no  pardon  granted  after  a  divorce  for  that  cause  sliall 
restore  the  party  sentenced  to  his  or  lier  conjugal  rights.  4.  For  the  wilful 
desertion  of  one  party  by  the  other  ffir  the  term  of  one  year  next  preceding 
the  commencement  of  the  action.  0.  When  the  treatment  of  the  wife  by 
the  husband  has  been  cruel  and  inhuman,  whether  practiced  by  using  per- 
sonal violence  or  any  other  means  ;  or  when  the  wife  shall  bo  guilty  of  like 
cruelty  to  her  husband  or  shall  be  given  to  intoxication.     0.   When  the  hus- 

[Wis.  9  ] 


856  WISCONSIN. 

l^and  or  wife  sliall  have  been  an  habitual  drunkard  for  the  space  of  one  year 
immediately  preceding  the  commencement  of  the  action.  7.  Whenever  tho 
liusband  and  wile  shall  have  voluntarily  lived  entirely  sejiarate  for  the  space 
of  five  years  next  preceding  the  commencement  of  the  action,  the  same  may 
"be  granted  at  the  suit  of  either  party.  Divorces  from  bed  and  board  maybe 
granted  :  1.  For  the  fourth,  fifth  and  sixth  causes  above  specified.  2.  For 
extreme  cruelty  of  either  party.  3.  On  complamt  of  the  wife  when  the  hus- 
band being  of  sufficient  ability,  shall  refuse  or  neglect  to  provide  for  her,  or 
when  his  conduct  toward  her  is  such  as  may  render  it  unsafe  and  improper 
for  her  to  live  with  him. 

Dower. — The  wife  is  entitled  upon  the  death  of  her  husband  to  one-third 
part  of  all  the  lands  of  which  her  liusband  was  seized  of  an  estate  of  inheri- 
tance at  any  time  during  marriage,  unless  she  is  lawfully  barred. 

Evidence. — No  person  is  disqualified  as  a  witness,  but  interest  of  party 
may  be  shown  to  aifect  credibility  ;  but  no  person  who  has  an  interest  which 
may  be  alfected  by  the  determination  of  the  action,  shall  be  examined  as  a 
witness  against  a  party  claiming  under  or  through  a  deceased,  or  in  someixjr- 
son,  touching  any  transaction  or  communication,  unless  the  party  so  claiming 
is  himself  examined  about  such  transaction  or  communication.  A  husband 
or  a  wife  shall  not  be  allov^'ed  to  disclose  a  confidential  communication,  made 
by  one  to  the  other,  during  their  marriage,  without  the  consent  of  the  other. 
In  an  action  for  crim.  con.,  the  plaintift''s  wife  is  a  competent  witness  for  the 
defendant,  as  to  any  matter  in  controversy,  except  as  aforesaid.  In  criminal 
matters,  the  party  charged  shall,  at  his  own  request,  be  a  competent  witness, 
and  not  otherwise  ;  but  his  refusal  to  testify  shall  not  create  any  presumption 
against  him.  A  person  who  has  been  convicted  of  a  criminal  ottence  is  still 
competent,  but  the  conviction  may  be  proved  to  affect  his  credibility. 

Execution. — On  circuit  court  judgments  may  issue  as  soon  as  costs  are 
taxed  and  judgment  is  docketed,  and  are  returnable  within  sixty  days,  and 
may  be  issued  at  any  time  within  five  years.  In  justices  couit,  execution 
ntiay  be  issued  at  any  time  within  five  years,  but  the  losing  party  is  allowed 
five  days  in  which  to  i>ut  in  stay,  and  injustices'  court  executions  are  return- 
able in  thirty  days.  In  justices  ccjurt,  on  bond  with  surety  being  given  for 
payment  of  the  judgment,  execution  -may  be  stayed,  if  put  in  within  five 
days,  not  exceeding  four  months.  No  stay  of  execution  issued  on  judgments, 
obtained  in  circuit  court  can  be  had,  except  in  cases  of  appeal.  Real  estate 
sold  under  execution,  may  be  redeemed  by  the  owner  within  one  year ;  by 
any  judgment  or  mortgage  creditor,  having  a  subsequent  lien,  within  one 
year  and  three  months. 

Exemptions. — Homesteads  of  forty  acres,  outside  of  any  town,  city  or 
village-plot,  or  of  one-fourth  of  an  acre,  if  within  such  plot,  with  dwelling- 
house,  etc.,  without  regard  to  value.  Also  family  pictures  or  school  books, 
library  of  debtor,  wearing  apparel  of  debtor  and  family,  all  stoves  put  up 
and  kept  for  vise,  all  cooking  utensils,  and  all  other  household  furniture  not 
herein  enumerated,  not  exceeding  $200  in  value  ;  two  cows,  ten  swine,  one 
yoke  of  oxen  and  one  horse  or  mule,  or  in  lieu  of  one  yoke  of  oxen  and  one 
horse  or  mule,  two  horses  or  two  mules,  ten  sheep  and  the  wool  from  the 
same,  either  raw  or  manufactured  ;  tlie  necessary  food  for  above  stock  for  a 
year's  sujjport,  either  i)rovided  or  growing;  one  wagon,  cart,  or  dray;  one 
sleigh,  one  plow,  one  drag,  and  other  farming  utensils,  including  tackle  for 
teams,  not  exceeding  $200  in  value  ;  one  gun,  not  exceeding  $50  in  value ; 
provisions  and  fuel  for  one  year  ;  tools  and  implements,  and  other  stock  in 
trade  of  a  mechanic,  miner,  trader,  or  other  perscm,  not  exceeding  $200  in 
value  ;  all  moneys  from  insurance  of  exempt  property  ;  earnings  of  all  mar- 
ried persons,  or  those  wlio  liave  to  provide  for  the  entire  support  of  a  family, 
for  three  months  next  preeeeding  the  issuing  of  any  process,  to  the  amount 
ISVis.  10.1 


WISCJONSIN.  857 

of  $60  only,  for  each  month  in  which  such  earnings  are  made  or  earned  ;  pro- 
vided, that  said  property  shall  not  be  exempt  for  any  debt  contracted  prior 
to  Juno  1,  1882  ;  all  sewing  machines  kept  for  use  ;  any  swords,  plate,  books, 
or  other  articles  presented  by  Congress  or  the  members  tliereof.  Also  print- 
ing materials  and  press  or  presses  used  in  the  business  of  any  printer  or  pub- 
lisher, to  an  amount  not  exceeding  $1500  in  value  ;  also  abstracts  ;  also  in- 
t^^^rest  of  inventors  in  patents;  also  fire  engines,  apparatus,  etc.,  owned  by 
any  town,  city  or  village.  Tliese  excmjjtions  are  to  actual  residents  of  the 
state  only,  except  family  pictures,  wearing  apparel,  household  furniture,  and 
swords,  plates,  books,  etc..  presentedby  Congress,  are  exempt  to  non-residents 
as  well ;  and  no  i>roperty  is  exempt  from  execution  and  attachment  upon  a 
judgment  in  an  action  fur  the  purchase  money  of  said  property.  Exempt 
property,  when  seized  by  an  officer,  shall  be  appraised  by  two  disinterested 
freeholders,  who  shall  be  sworn,  and  their  appraisement  shall  be  prima  facie 
evidence  of  tlie  value  of  the  property  for  the  purposes  of  such  exemption. 

Q-amisliment. — {See  Aitiichmnit. ) 

Interest. — Parties  may,  in  writing,  ccmtract  for  ten.  per  cent,  per  annum  ; 
hut.  unless  expressly  named,  the  rate  will  be  seven  per  cent,  on  all  moneys 
due  or  payable  with  interest,  and  on  all  judgments,  except  foreclosure  judg- 
ments, w  Inch  bear  ten  i)er  cent.  No  interest  can  be  computed  on  interest, 
whetlier  due  by  agreement  and  a  fixed  time,  or  otherwise,  unless  so  distinctly 
agreed  in  writing.  Any  corrupt,  usurious  agreement,  whereby  more  than 
ten  per  cent,  is  reserved,  agreed  to  be  paid  or  taken,  forfeits  all  the  interest 
paid  or  agreed  to  be,  and  is  liable  to  an  action  for  treble  illegal  interest  i)aid 
if  actitm  be  brought  within  a  ycai'.      (R.  S.,  chaj).  79.) 

Insolvency. — {See  Asuvjnment.) 

Judgments. — Of  the  circuit  <()urt  arc  a  lien  on  all  real  estate  of  debtor 
within  tlie  county,  from  the  date  of  docket,  and  lien  continues  ten  years. 
A  daily  journal  or  book  in  which  every  judgment  affecting  real  estate  shall 
be  kept  by  the  clerk  of  court,  and  all  judgments  alfecting  realty,  shall  be 
mimbered  consecutively,  and  only  be  a  lien  from  the  time  it  was  actually 
docketed  ;  and  priority  of  lien  shall  be  determined  by  its  number  on  the  daily 
journal.  Judgments  of  justices  become  liens  on  filing  transcript,  and  all 
liens  can  be  extended  to  other  counties  in  like  maimer. 

Limitation  of  Actions. — Twenty  years,  actions  on  judgments  of  court, 
within  the  state,  and  upon  sealed  in.struments,  except  such  given  by  towns, 
county,  city,  village  or  school  district,  which  are  limited  to  six  years. 

Ten  years,  actions  on  foreign  judgments  and  specialties.  Six  years,  all 
other  contracts,  obligations  or  liabilities,  including  notes,  acceptances,  and 
account. 

Three  years,  actions  against  sheriffs,  etc.,  for  liabilities  incurred  in  official 
cajmcity';  on  open  mutual  accounts,  statute  begins  to  run  from  the  date  of 
the  last  item.  Infancy,  insanity,  imprisonment,  extend  the  jieriod  of  limita- 
tion during  the  continuance  of  the  disability,  ])rovided  it  be  for  a  period 
(except  in  case  of  infancy)  of  not  moie  than  five  years.  Actit)ns  nuist  bo 
commenced  within  one  year  after  disability  removed.  Absence  of  defendant 
prevents  the  statute  from  running  luitil  return. 

Debts  barred  by  statute  of  limitation  can  only  be  revived  by  a  promise  In 
writing,  signed  by  the  party  to  be  (charged  ;  but  this  shall  not  abate  the  effect 
of  jtayment  of  interest  or  part  of  principal,  which  repels  the  bar  of  the  statute. 

Married  Women. — The  i>roperty  of  a  wife,  acquired  at  anytime,  from  any 
source  other  tliau  lier  husband,  is  held  to  her  sole  and  separate  use  and  dis- 
posal. She  may  convey  real  and  personal  estate  precisely  as  if  unmarried, 
and  although  her  husband  does  not  joiu  in  her  deed  of  her  separate  property, 

[^VIs.  11.] 


858  WISCONSIN. 

his  right  of  tenancy  by  curtesy,  will  nevertheless  be  barred.  She  may  sue 
and  be  sued  in  her  own  name,  as  to  her  sole  property.  Her  individual  earn- 
ings are  her  own.  Widow  is  entitltjd  to  dower  or  use  for  life  of  one-third 
part  of  all  the  lands  whereof  her  husband  was  seized,  of  an  estate  of  inheri- 
tance, at  any  time  during  marriage,  unless  lawfully  barred.  If  a  married 
woman  is  insane,  her  husband  may,  on  a  proper  petition,  apply  to  the  court- 
for  a  release  of  dower.  A  husband  is  not  liable  for  the  persoiial  torts  of  the 
wife. 

Mechanics'  Liens. — Every  mechanic  who  shall  make,  alter  or  repair  any 
article  of  personal  property,  at  the  request  of  the  owner  or  legal  possessor 
shall  have  a  lien  thereon,  for  his  just  and  reasonable  charges,  and  may  re- 
tain possession  of  such  property  until  such  charges  are  paid.  Every  building 
built,  and  rebuilt,  repaired,  together  with  the  necessary  lots  or  land  *on  which 
the  same  may  be  sitviated,  shall  be  subject  to  a  lien  for  work  done  on  the 
same,  or  materials  furnished. 

Minors. — A.gc  of  majority  for  both  sexes  is  twenty-one  years. 

Mortgages. — May  be  recorded  in  the  register  of  deeds  for  the  county 
wherein  the  land  is  situated,  and  may  be  foreclosed  by  advertisement,  or  by 
suit  in  equity.     One  year  is  allowed  for  redemption. 

Notes  and  Bills  of  Excliange. — Notes  signed  by  person,  or  by  his  spe- 
cial or  general  agent,  and  payable  to  order  or  bearer,  and  certificate  of  de- 
posit, issued  by  persons  of  corporation,  payable  to  order  or  bearer,  are  nego- 
tiable as  inland  bills  of  exchange,  according  to  the  custom  of  merchants,  and 
days  of  grace  allowed,  except  as  to  bills,  notes  and  drafts-,  payable  on  de- 
m.and.     Acceptance  must  be  signed  by  acceptor,  or  by  his  lawful  agent. 

Any  person  who  shall  make,  sign,  utter,  and  deliver  any  instrument  in 
writing,  commonly  known  as  a  bank  check,  with  intent  to  defraud,  without 
having  money  on  deposit  where  such  check  is  made  payable,  shall,  if  such 
check  is  presented,  and  remains  unpaid  for  five  days  after  its  date  and  pay- 
ment refused,  on  account  of  the  maker  having  no  funds  or  money  on  deposit 
with  which  to  pay  such  check,  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  be  punished  by  a  fine  or  imprisonment. 

Parties. — Actions  must  be  prosecuted  in  tlie  name  of  the  real  party  in  in- 
terest, except  legally  constituted  fiduciaries,  and  trustees  may  sue  without 
joining  the  parties  in  interest.  Married  women  in  actions  concerning  their 
separate  estates  may  sue  or  be  sued  alone.  The  plaintiff,  at  his  option  may 
or  may  not  in  the  same  action,  sue  any  or  all  persons,  jointly  or  severally, 
bound  by  contract,  bill  of  exchange,  note,  bond  or  check.  An  action  against 
part,  is  no  bar  to  the  i5i*oceedings  against  others. 

Proof  of  Claims. — Creditors  sending  claims  for  collection,  should  give 
their  names  in  full ;  if  a  firm,  the  names  of  the  individual  members  being 
given.     In  case  of  a  corporation,  the  act  of  incorporation  should  be  given. 

Replevin.^ — ^In  an  action  to  recover  the  possession  of  personal  property,  the 
X»laintitf  may,  at  the  time  of  issuing  the  summons,  or  any  time  before  an- 
swer, claim  the  immediate  delivery  of  such  property.  He  must  file  an  affi- 
davit .showing  :  1.  That  the  plaintiff  is  the  owner  of  the  property  claimed, 
particularly  describing  it,  or  is  lawfully  entitled  to  the  possessi(m  thereof, 
by  virtue  of  a  special  property  therein,  the  facts  in  respect  to  which  shall  be 
set  forth.  2.  That  the  property  is  wrongfully  detained  by  the  defendants. 
3.  The  alleged  cause  of  the  detention  thereof,  according  to  his  best  knowl- 
edge, information  and  belief.  4.  That  the  same  has  not  been  taken  for  a  tax 
assessment  or  fine,  pursuant  to  the  statute,  or  seized  under  an  execution  or 
attachment  against  the  property  of  the  plaintiff,  or  if  so  seized,  that  it  is  by 
[Wis  12.1 


WISCONSIN.  859 

statute  exempt  from  such  seizure  ;  ;ind  5.  The  ac^tual  value  of  the  propeity. 
The  plaintill"  must  jJ^ive  an  undertakinj^  with  oiii:  or  more  sureties  in  double 
the  value  of  the  property  if  return  therefor  be  adjud<^ed,  and  for  damages. 
The  defendant  may  retain  the  property  to  abide  the  ext('rit  of  the  action,  on 
giving  an  undertaking  as  above,  to  deliver  the  property  to  the  plaintill'  if  it 
be  so  adjudged,  and  damages. 

Revivor. — {tiee  Limitations.) 

Seal. — {See  Deeds.) 

Stay  of  Execution. — Is  only  allowed  on  justices'  judgments,  and  tluii  as 
follows  :.  Ten  dollars  and  xmder,  one  month  ;  from  ten  dollars  to  thirty  dol- 
lars, two  months ;  froni  thirty  dollars  to  fifty  dollars,  three  months  ;  above 
fifty  dollars,  four  months.  These  sums  are  exclusive  of  costs.  No  stay  i^ 
allowed  on  a  judgment  upon  a  debt  of  manual  labor,  nor  upon  judgment 
against  a  corporation.  Stay  of  execution  may  be  liad  on  appeal  in  all  case^ 
upon  giving  undertaking,  with  sufficient  sureties,  conditioned  according  to 
steitute. 

Supplementary  Proceeding. — When  an  execution  lias  been  returned  un- 
satisfied, in  whole  or  in  ])iut,  the  judgment  creditor  may  commence  an  action 
against  such  judgment  debtor  and  any  other  person,  to  compel  the  discovery 
of  any  property  or  thing  in  action  belonging  to  such  judgment  debtor,  and 
if  it  shall  appear  that  the  judgment  debtor  has  property  whieh  he  unjustly 
refuses  to  apply  to  the  satisfaction  of  the  judgment,  the  judge  may  order 
any  property  of  the  judgment  debtor,  either  in  his  hands  or  any  other  per- 
son's not  exempt  from  execution,  to  be  applied  towards  the  satisfaction  of 
the  judgment,  and  may  foi'bid  a  transfer  of  his  property,  and  appoint  a  re- 
ceiver to  take  charge  of  the  property  and  hold  tlu;  same  under  the  direction 
of  the  court. 

Trust  Deeds. — Are  not  in  general  use  in  this  state. 

Wills. — Every  person  of  full  age  and  sound  mind,  or  everymarried  woman 
of  eighteen  years  of  age  and  upward,  of  sound  mind,  may  devise  both  real 
and  personal  property.  The  will,  unless  nuncupative,  must  be  in  writing, 
signed  by  the  testator  and  attested  by  two  witnesses.  A  uuncui)ative  will 
must  be  made  during  the  last  sickness  of  the  testatcn"  ajid  must  be  proved  by 
the  oath  of  three  witnesses. 


{W\9.  ir?.] 


860 


WISCONSIN. 


ATTORNEYS    IN    WISCONSIN. 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  population. 
Figures  after  names  wlien  admitted  to  Bar.       A  star  (*)  Notaries  Puhlic. 
A  double  dagger  (J)  our  Compiler  of  liaws. 
A  dagger  (f)  former  recommendations  withdrawn. 


COUNTY. 


KAMES   OB'    ATTOKNEYS.      POPULA'W 


Ahnapeo 

Kewanne 

M.  T.  Parker. 

1,400 

Alma 

Buffalo 

Theo.  Buehler. 

1,600 

Antigo 

Langdale 

Geo.  W.  Latta. 

2,500 

Appleton 

Outagamie 

H.  W.  Tenny. 

10,937 

Ashland 

Ashland 

MEAD  &  DIXON. 

4,844 

Augusta 

Eau  Claire 

I.  B.  Bradford. 

1,500 

Baraboo 

Sauk 

John  Barker. 

4,300 

Barron 

Barron 

J.  F.  Coe. 

700 

Bayfield 

Bayfield 

W.  W.  Downs. 

1,409 

Beaver  Daiu 

Dodge 

J  W.  E.  Keeley,  '80. 

I         Hee  Card  in  Appendix,  page 

4,184 
xxvL 

Belmont 

La  Fayette 

N.  Olmsted. 

550 

Belvit 

Rock 

J.  B.  Dow. 

5,400 

Berlin 

Green  Lake 

John  J.  Wood,  Jr. 

4,501 

Black  River  Falls 

Jackson 

C.  R.  Johnson,  '52. 

2,067 

Bloomer 

Chippewa 

A.  JACKSON,  '59. 

633 

Boscobel 

Grant 

Brooks  &  Duther. 

1,600 

liroadhead 

Green 

C.  N.  Carpenter. 

1,545 

Burlington 

Kacine 

Merton  &  Kearney. 

1,800 

<'edarburgh 

Ozaukee 

F.  W.  Horn. 

1,293 

Chilton 

Calumet 

J.  E.  McMullen. 

1,800 

Chippewa  Falls 

Chippewa 

D.  BUCHANAN,  Jr.,  '72. 

9,000. 

Clintonville 

Waupaca 

B.  M.  Goldburg. 

1,500 

Columbus 

Columbia 

J.  S.  Maxwell. 

2,875 

Cumberland 

Barron 

Mead  &  Wright. 

1,600 

Darlington 

La  Fayette 

Marshall  &  Conlgy. 

1,800 

Dartford 

Green  Lake 

J.  C.  McConnell. 

303 

Delavan 

Walworth 

C.  B.  Sumner. 

1,798 

De  Pere 

Brown 

John  Smith. 

2,149 

Dodgeville 

Iowa 

Reese  &  Carter. 

1,800 

Eau  Claire 

Eau  Claire 

V.  W.  JAMES,  '83. 

21,668 

Edgerton 

Hock 

J.  P.  Towne. 

1,628 

Blkhorn 

Walworth 

E.  H.  Sprague. 

1,249 

Ellsworth 

Pierce 

Combacker  &  Hancock. 

600 

Eli-oy 

Juneau 

B.  C.  Smith. 

1,450 

Evansville 

Rock 

D.  L.  Mills. 

1,512 

Fish  Creek 

Door 

Hon.  R.  M.  Wright. 

145 

Florence 

Florence 

Wm.  H.  Clark,  Jr. 

1,575 

Fon  du  Lac 

Fon  du  Lac 

0.  A.  Wells. 

14,500 

Fort  Atkinson 

•Jefferson 

S.  A.  Craig. 

2,500 

Fort  Howard 

Brown 

Lomas  &  Cottrell. 

4,000 

Friendship 

Adams 

S.  W.  Pierce. 

255 

Orand  Rapids 

Wood 

Chas.  M.  Webb. 

2,000 

WISCONSIN. 

861 

PI>ACE. 

COUNTT. 

NAMES   OF  ATT0RNET8.                 POPUI.A*N. 

Grantsburgh 

Burnett 

W.  R.  Maxwell. 

400 

Green  Bay 

Brown 

S.  D.  Hastings,  Jr. 

7,111 

Hartford 

Washington 

H.  W.  Sawyer. 

1,300 

Hay  ward 

Sawyer 

H.  E.  Ticknor. 

1.0()S> 

Iloricon 

Dodge 

Charles  Allen. 

1,270 

Hndson 

St.  Croix 

Baker  «&  Smith. 

5.000 

Janesville 

Rock 

Pease  &  Ruger. 

10,000 

Jeflferson 

Jefferson 

George  Grimm. 

2,500 

Juneau 

Dodge 

E.  C.  Lewis. 

700 

Kaukanna 

Outagamie 

G.  H.  Daw.son. 

3,2^) 

Kenosha 

Kenosha 

Edward  Martin. 

6,000 

Kewaunee 

Kewaunee 

M.  T.  Parker. 

1,500 

Kilbown  City 

Columbia 

P.  I.  Stroud. 

1,520 

La  Crosse 

La  Crosse 

WM.  F.  BIGELOW 

21,740 

La  Geneva 

Walworth 

John  B.  Simmons 

2,281 

Lancaster 

Grant 

L.  J.  Arthur. 

1,500 

Madison 

Dane 

Cameron,  Losey  &  Traer. 

15,000 

Manitowoc 

Manitovvac 

G.  G.  Sedgewick. 

7,000 

Marinette 

Marinette 

Cha.s.  E.  Daily. 

8,000 

Marslifield 

Wood 

F.  A.  Cady. 

2,090 

Mauston 

.Tuneau 

D.  Moury. 

1,500 

Mayville 

Dodge 

R.  Sauerherring. 

1,121 

Medford 

Taylor 

.1.  B.  Ilagarty. 

1,050 

Menaslia 

Winnebago 

P.  V.  Lawson. 

6,000 

Menominee 

Dunn 

E.  B.  Manwaring. 

5,4o;; 

MerriU 

Lincoln 

A.  A.  Helms. 

t  A.  G.  Weissert, 

107  Wisconsin  St. 

3,948 

Milwaukee 

Milwaukee 

See  Card  in  Appendix,  pg.  xxvi. 
1  A.  J.  EIMERMANN,  '81, 
[                 oo2  Third  Street. 

158,50!) 

Mineral  Point 

Iowa 

Spcnsly  &  Mcllhon. 

3,000 

Monroe 

Green 

P.  J.  Clawson. 

3,596 

Muscoda 

Grant 

W.  S.  Manning. 

1,000 

Necedali 

.Juneau 

T.  S.  Veeder. 

l,83f) 

Neenah 

Winnebago 

J.  C.  Kerwin. 

5,200 

Neillsville 

Clark 

Jame.s  O'Neill. 

2,500 

New  Lisbon 

Juneau 

J.  J.  Hughes. 

1,043 

New  London 

Waupaca 

M.  B.  Patchin. 

2,187 

New  Richmond 

St.  Croix 

S.  N.  Hawkins. 

1,208 

Oconomowoc 

AVankcsha 

I).  W.  Small. 

3,000 

Oconto 

Oconto 

Robt.  Ellis. 

4,880 

Omro 

Winnebago 

A.  K.  Braish. 

1,510 

Onalaska 

La  Crosse 

H.  T.  Wilhelm. 

1,140 

Osceola  Mills 

Polk 

Chas.  H.  Oakey. 

411 

Oshkosb 

Winnebago 

^  G.  Bonck. 

\  \  Wm.  II.  Casey. 

22,064 

Phillips 

Price 

W.  Hand. 

56!) 

Plattevillo 

Grant 

Carter  &  Clary. 

2,765 

Plymonth 

Sheboygan 

M.  C.  Mead. 

1,200 

Portage 

Columbia 

J.  B.  Taylor. 

6,501 

Port  Washington 

Ozaukee 

E.  S.  Turner. 

2,500 

Prairie  du  Chien 

Crawford 

C.  S.  Fuller. 

3,326 

Prescott 

Pierce 

S.  White. 

1,200 

Princeton 

Green  Lake 

J.  H.  David.^on. 

1,100 

Racine 

Racin(! 

Hand  &  Plett. 

19,636 

Reedsbnrgh 

Sauk 

R.  P.  Perry. 

2,000 

Rice  Lake 

Barron 

W.  P.  Swift. 

1.500 

862 


WISCONSIN. 


COUNTY. 


NAMES   OP    ATTORNEYS.     POPULA'N. 


Hichland  Centre 

Richland 

Black  &  Burnham. 

2,006 

Ripon 

Fond  du  Lac 

Tiunals  &  Dunlap. 

3,50b 

River  Falls 

Pierce 

Smith,  Vannatta  &  Haugen. 

2,000 

Shawano 

Shawano 

Phillips  &  Farnsworth. 

1,400 

Sheboygan 

Sheboygan 

Kiez  &  Kiez. 

11,727 

Sheboygan  Falls 

Sheboygan 

Jas.  H.  James. 

1,200 

Shullsbiirgli 

La  Fayette 

P.  B.  &  J.  B.  Simpson. 

1,700 

Sparta 

Monroe 

Dickinson  &  Graham. 

2,796 

Steven's  Point 

Portage 

Cate,  Jones  &  Sanborn. 

7,500 

Stoughton 

Dane 

L.  K.  Luse. 

2,105 

Sturgeon  Bay 

Door 

L.  M.  Sherman. 

2,000 

Superior 

Douglass 

H.  Hays. 

2,704 

Toruah 

Monroe 

H.  C.  Spaulding. 

1,819 

Viroqua 

Vernon 

Butt  &  Graves. 

1,300 

AVatertown 

Jefferson 

Henry  Mulberger. 

9,000 

Waukesha 

"Waukesha 

V.  Tichenor. 

4,500 

Waupaca 

Waupaca 

I,  P.  Lord. 

2,700 

Waupun 

Fond  du  Lac 

F.  M.  Beach. 

3,000 

Wausaw 

Marathon 

<)  Silverthorn,  Hurley  & 

(                                       Ryan. 

9,300 

West  Bend 

Washington 

Frisby  &  Miller. 

1,400 

Whitehall 

Trempealeau 

P.  A.  Williams. 

350 

BANKS    IN    WISCONSIN. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  of  one 
toank  in  each  county  of  this  state  in  wliich  such  a  banking  institution  is  located. 


Antigo 

Appleton 

Ashland 

Baraboo 

Barron 

Black  Riv  Falls 

Chilton 

Chippewa  Falls 

Darlington 

Dodgeville 

Elkhorn 

Fond  ku  Lac 

Green  Bay 

Hudson 

Janesville 

Jeft'erson 

Kenosha 

Kewawnee 

La  Crosse 

Lancaster 


PAID  ur 

NAME    OF   BANK. 

CASHIER, 

CAPITAL. 

Langlade  County  Bank 

(H.  C.  Humphrey.) 

$5,000 

Commercial  National  Bank 

H.  G.  Freeman. 

150,000 

Ashland  National  Bank 

N.  I.  Wiley. 

50,000 

Bank  of  Baraboo 

J.  Van  Orden. 

25,000 

Bank  of  Barron 

C.  D.  Coe. 

20,000 

Jackson  County  Bank 

W.  R.  O'Hearn. 

26,200 

German  Exchange  Bank 

Henry  Kersten. 

25,000 

First  National  Bank 

L.  M.  Newman. 

75,000 

First  National  Bank 

Geo.  S.  Anthony. 

50,000 

Dodgeville  Bank 

R.  T.  Parry. 

21,000 

First  National  Bank 

W.  H.  Conger. 

50,000 

First  National  Bank 

J.  B.  Perry. 

125,000 

Kellogg  National  Bank 

H.  B.  Baker. 

50,000 

First  National  Bank 

A.  E.  Jefferson. 

50,000 

First  National  Bank 

J.  B.  Doe. 

125,000 

Farmers'  &  Merchants'  Bk 

Y,  Henry. 

60,000 

First  National  Bank 

G.  M.  Simmons. 

50,000 

Kewawnee  Exchange  Bank  L.  Bruemmer, 

30,000 

La  Crosse  National  Bank 

Samuel  S.  Burton. 

200,000 

Richard  Meyer  &  Co 

30,000 

WISCONSIN. 


863 


ri/ACE. 

Madison 

Mauitowac 

Marinette 

Mauston 

Med  ford 

Menomouee 

Merrill 

lN[il\vauke(! 

3Ionroe 

Neillsville 

O.shkosli 

Portage 

Racine 

Shawano 

Sheboygan 

SliuUsburg 

Sparta 

Stevens'  Point 

Sturgeon  Bay 

Superior 

Viroqua 

"Waukesha 

AVaupaca 

Wausau 


NAME   OF    BANK. 

First  National  Bank 
First  National  Bank 
Stephenson  Banking  Co 
Bank  of  Mauston 
Exchange  Bank  of  Medford 
A.  Tainter  &  Son 
G.  Haywood  &  Son 
]\[ilwaukec  National  Bank 
First  National  Bank 
Neillsville  Bank 
National  Bank  of  O.shkosh 
City  Bank 

Manufacturers"  Nat  Bank 
Shawano  County  Bank 
Bank  of  Sheboygan 
Merchants'  Union  Bank 
Bank  of  Sparta 
Commercial  Bank 
Nelson  &  Spear 
Bank  of  Superior 
Bank  of  Viroqua 
Waukesha  National  Bank 
Waupaca  Bank 
First  National  Bank 


PAID    UP 

CASHIER. 

CAPITAL. 

W.  Ramsay. 

100,000 

Chas.  Luling. 

.50.000 

J.  W.  P.  Lombard. 

(50.000 

(P.  R.  Briggs.) 

13,000 

J.  H.  Wheelock. 

5,000 

S.  B.  French. 

100,000 

G.  Haywood,  Jr. 

50,000 

T.  L.  i3aker. 

250,000 

Henry  Ludlow. 

100,000 

Joseph  Morley. 

25,000 

Chas.  Schriber. 

200,000 

M.  T.  Alverson. 

25,000 

B.  B.  Northroj^. 

250,000 

F.  W.  Humphrey. 

30,000 

J.  Kroos. 

50,000 

John  H.  Savage. 

50,000 

D.  B.  R.  Dickinson. 

25,000 

E.  Burr. 

60,000 

P.  G.  Wright. 

16,000 

E.  McMahan. 

25,000 

H.  Lindemann. 

5,000 

H.  M.  Frame. 

100,000 

(E.  Coolidge  &  Co.) 

25,000 

A.  H.  Grout. 

100,000 

TERRITORY  OF 

WYOMLINa. 

SUMMARY   OF 

Collection    Laws. 

CouBT  Calendar,  Instructions  for  taking  Depositions,  Legal  Forms,  Etc. 

Expressly  Prepared  and  Revised  to  Nov.  Ist,  1887,  for   'Showers' 

Legal  Directory  and  MKiiciiANTs'  GaiDE,"  for  JSKS.  by 

Brown,  Blake  and  Arnold,  of  the  Laramie  Bar. 

Acknowledgments — Must  be  made  before  a  judge  or  clerk  of  a  court  of 
record,  or  before  any  county  clerk,  notary  public,  justice  of  the  peace,  or 
United  States  court  commissioner  within  this  territory.  If  made  out  of  the 
territory,  before  any  officer  authorized  by  the  state  or  territory  in  which  it  is 
made  to  take  acknowledgments,  before  the  clerk  of  any  court  of  record,  or 
before  any  commissioner  appointed  by  the  governor  of  this  territory  for  such 
purpose,  provided  that  if  such  acknowledgment  is  not  made  before  a  clerk  of 
a  court  of  record,  county  clerk  or  commissioner  appointed  as  aforesaid,  it 
must  have  attached  thereto  a  certificate  of  the  clerk  or  other  proper  certify- 
ing officer  of  a  court  of  record,  or  a  county  clerk  of  the  county  or  district 
within  wliich  such  acknowledgment  was  taken,  under  the  seal  of  his  office, 
that  the  person  whose  name  is  subscribed  to  the  acknowledgment  was,  at  the 
date  thereof,  such  officer  as  he  is  therein  represented  to  be,  that  he  verily  be- 
lieves the  signature  of  such  i:)erson  subscribed  thereto  to  be  genuine  and  that 
the  deed,  mortgage  or  other  conveyance  is  executed  and  acknowledged  ac- 
cording to  the  laws  of  such  state,  tei'ritory  or  district ;  if  any  deed,  mortgage 
or  other  conveyance  be  acknowledged  before  a  clerk  of  a  court  of  record, 
county  clerk  or  commissioner,  appointed  as  aforesaid,  the  officer  taking  such 
acknowledgment  should  certify  that  such  instrument  is  executed  according 
to  the  laws  of  the  state,  territory  or  district  within  which  the  acknowledg- 
ment is  taken,  if  such  is  the  case,  or  else  such  instrument  should  be  executed 
according  to  the  laws  of  this  territory. 

Actions. — The  old  forms  of  actions  are  abolislied  by  the  code.  Actions 
commenced  in  district  court  by  filing  i)etition,  and  praecipe  ;  summons  issues, 
returnable  on  the  second  Monday  after  its  date.  Defendant  to  answer  third 
Saturday  after  return  day.  Actions  must  be  at  issue  prior  to  the  first  day  of 
term,  in  order  to  be  heard  at  term. 

Administration  of  Estates  of  Deceased  Persons. — Letters  of  administra- 
tion are  granted  first  to  the  husband  or  wife  of  the  deceased  person,  or  to 
those  entitled  to  distribution  of  the  estate,  giving  preference  to  those  in  whom 
the  greatest  number  and  weight  of  interests  concur,  and  creditors  of  intes- 
tates are  preferred  to  strangers.  If  no  such  persons  apply  for  letters  within 
ten  days,  letters  may  be  granted  to  any  person  whom  the  court  deems  suit- 
able. Letters  testamentary  or  of  administration  may  be  granted  in  any 
county  in  which  the  deceased  had  real  or  personal  property.  Non-residents 
cannot  administer. 


WYOMING   TERRITORY.  865 

Affidavits. — Aliidnvit.s  may  be  used  to  verify  a  pleadiiij,^,  to  j)iove  service 
of  .suiiunons,  notice  or  other  process,  upon  the  hearing  of  a  motion,  or  in  any 
other  case  permitted  by  law.     Tlie  following  certificate  is  deemed  sufficient: 

"Subscribed  in  my  presence,  and  sworn  to  before  me  this day  of , 

188 — ,"  followed  by  the  signature  and  seal  of  the  officer,  if  he  has  a  seal. 

Aliens. — Aliens  may  acquire  property  by  descent  under  territorial  law, 
but  by  act  of  congress  no  alien  can  bold  or  own  real  estate,  nf)t  ac(]uired  by 
descent  or  in  the  course  of  justice  in  the  collection  of  debts.  No  corporation 
or  association,  more  than  twenty  per  cent,  of  the  stock  of  which  is  or  may 
be  held  or  owned  by  alien  persons  or  corporations,  shall  hold  or  own  real 
estate  in  the  territories  of  the  United  States. 

Appeals. — Appeals  ai;e  allowed  in  all  cases  from  justices'  courts  to  the 
district  courts,  if  claimed  within  ten  days,  by  filing  the  necessaiy  affidavit. 
To  act  as  a  stay  of  execution,  an  undertaking  must  be  filed  with  the  clerk  of 
the  district  court.  In  the  district  court  the  case  is  tried  de  novo,  unless  the 
ground  of  appeal  is  simply  a  matter  of  law.  Cases  are  taken  from  the  dis- 
trict courts  to  the  supreme  court  of  the.  territory,  on  petition  in  error,  and 
thereupon  a  summons  must  be  issued  and  served  as  in  the  commencement  of 
an  action. 

Arrest. — A  defendant  in  a  civil  action  may  be  arrested  before  judgment, 
when  there  is  filed  in  the  office  of  the  clerk  of  the  district  court,  an  affidavit 
stating  tiie  nature  of  the  iilaintift''s  claim,  that  it  is  just  and  the  amoiuit 
thereof,  and  establishing  one  of  the  following  grounds:  1st.  That  the  de- 
fendant has  removed  or  begun  to  remove  his  property,  or  a  part  thereof  out 
of  the  jurisdiction  of  the  court,  with  intent  to  defraud  his  creditoi's.  2nd. 
That  he  has  begun  to  convert  his  property  or  a  part  thereof,  into  money,  for 
the  purpose  of  placing  it  beyond  the  reach  of  his  creditors.  8d.  That  he  has 
property  which  he  fraudulently  conceals.  4th.  That  he  has  assigned,  removed 
or  disposed  of  his  property  or  a  part  thereof,  with  the  intent  to  defraud  his 
creditors,  .ith.  That  he  fraudulently  contracted  the  debt,  or  incurred  the 
obligation  for  which  the  suit  is  brought.  ()th.  That  the  money  or  valuable 
thing  for  wliich  recovery  is  sought,  was  lost  by  playing  at  any  game,  or  by 
means  of  a  bet  or  wager 

The  affidavit  must  contain  a  statement  of  the  facts  justifying  belief  in  one 
or  more  of  the  above  particulars. 

Before  a  writ  can  issue,  an  undertaking  must  be  filed  to  the  eifect  that  the 
I)laintift'  will  pay  the  defendant  all  damages  he  may  sustain  if  the  writ  be 
improperly  issued.  The  undertaking  must  be  in  double  the  amount  of 
plaintiff's  claim. 

Assignments  and  Insolvency.— An  insolvent  debtor  may  make  an  assign- 
ment in  good  faith  to  one  or  more  assignees,  for  satisfaction  of  creditors. 
No  preference  of  creditors  or  payment  of  false  or  fraudulent  claims  is  al- 
lowed. The  assignment  must  be  in  writing,  executed  according  to  the  laws 
of  the  territory,  as  jirovided  in  the  case  of  deeds,  and  must  be  filed  and  re- 
corded in  the  office  of  the  probate  judge,  and  if  the  assignment  conveys  real 
estate,  in  the  office  of  the  county  clerk.  The  ftssignee  must  give  bonds.  Any 
creditor  accepting  from  the  assignee  his  dividend,  shall  release  the  assignor 
from  all  further  liability  for  the  debt  on  which  i^ayment  was  made. 

Attachments. — The  plaintiff  in  a  civil  action  for  the  recovery  of  money 
may  have  an  attachment  against  the  property  of  the  defendant,  where  the 
defendant,  or  one  of  the  defendants  is  a  foreign  corporation  oi-  a  non-resident 
of  the  territory  ;  wlien  the  defendant  has  absconded  with  intent  to  defraud 
his  creditors  :  when  he  has  left  the  county  of  his  residence  to  avoid  service 
of  summons  :  when  he  so  conceals  himself  that  summons  cannot  be  served 
upon  him  ;  when  he  is  about  to  remove  his  property,  or  a  part  thereof,  out 


866  WYOMING  TERRITORY. 

of  the  jurisdiction  of  the  coui't,  with  intent  to  defraud  his  creditors  ;  when 
he  is  about  to  convert  his  property,  or  a  part  thereof,  into  money  for  the 
purpose  of  placing  it  beyond  the  reach  of  his  creditors  ;  when  he  has  prop- 
erty or  rights  of  action  which  he  conceals  ;  when  he  has  assigned  his  prop- 
erty, or  a  part  thereof,  with  intent  to  defraud  his  creditors  ;  or  when  he 
fraudulently  contracted  the  debt,  or  incurred  the  obligation,  for  which  suit 
is  about  to  be,  or  has  been  brought ;  but  an  attachment  shall  not  be  granted 
on  the  ground  that  the  defendant  is  a  foreign  corporation  or  a  non-resident 
of  this  territory,  for  any  claim  other  than  a  debt  or  demand  arising  upon 
contract,  judgment  or  decree.  Attachment  issues  upon  aflBdavit  and  filing 
of  usual  undertaking  at  or  after  commencement  of  action.  Attachments  are 
allowed  in  cases  when  debts  are  not  due  in  certain  cases  of  fraud. 

Banks  and  Banking. — There  is  no  territorial  law  governing  banks  and 
banking. 

Bills  of  Exchange,  Promissory  Notes  and  Bills  of  Lading. — The  law 

merchant,  as  generally  understood  and  administered  in  this  country,  controls 
negotiable  paper  in  this  territory.  Bonds,  notes  and  bills  of  exchange,  if 
drawn  in  the  usual  form,  and  intended  to  be  made  negotiable,  will  be  so  re- 
garded in  our  courts,  and  an  action  may  be  commenced  in  the  name  of  the 
bona  fide  holder  against  any  or  all  parties  liable  thereon,  particularly  setting 
out  the  character  of  the  liability  of  each  defendant — as  indorser,  acceptor, 
maker  or  gviarantor. 

Chattel  Mortgages. — Mortgages  of  personal  property  must  be  executed 
and  acknowledged  in  the  same  manner  as  conveyances  of  real  estate  ;  and, 
unless  accompanied  by  an  immediate  delivery,  and  followed  by  an  actual  and 
continued  change  of  possession  of  the  property  mortgaged,  are  absolutely 
void  as  against  sureties  and  subsequent  bona  fide  purchasers,  unless  such 
mortgage  be  recorded  in  the  office  of  the  county  clerk  of  the  county  where 
the  property  is  situated.  When  duly  executed,  acknowledged  and  recorded, 
the  mortgage  is  valid  as  against  third  persons  for  the  term  for  which  it  is 
given  and  for  two  months  thereafter;  but  the  mortgage  remains  of  full  force 
and  eftect  as  between  the  parties  thereto  until  the  statute  of  limitation  runs. 
And  if  at  or  before  the  expiration  of  the  said  two  months,  the  mortgagee 
files  or  causes  to  be  filed,  an  affidavit  setting  forth  his  claim  to  the  mortgage 
or  any  part  thereof,  such  affidavit  continues  the  mortgage  in  full  force  and 
effect  for  a  term  of  one  year  ;  and  by  succeeding  affidavits  the  mortgage  may 
be,  in  like  manner,  continued  indefinitely. 

When  the  mortgage  is  duly  recorded,  the  mortgagor  may  retain  possession 
of  the  mortgaged  property,  but  it  is  made  a  felony  to  sell  the  same,  or  to  re- 
move the  property  out  of  the  county,  without  the  consent  of  the  mortgagee, 
the  penalty  being  imprisonment  in  the  penitentiary  not  exceeding  ten  years. 
These  mortgages  are  foreclosed  by  selling  the  property  at  public  auction  for 
cash,  at  which  sale  the  mortgagee  may  be  a  bidder,  at  a  time  and  place 
named  in  a  notice  of  sale  required  by  the  statute  to  be  atlvertised  and  pub- 
lished for  twenty  days  before  the  day  of  sale. 

Claims  Against  Decedents'  Estates. — Claims  against  the  estates  of  de- 
ceased persons  must  be  presented  to  the  probate  court  for  allowance  within 
one  year  after  the  notice  has  been  published  for  claims  to  be  filed.  If  they 
are  not  presented  within  this  time,  no  suit  can  be  maintained  on  them.  If 
disputed  by  the  representatives,  claims  must  be  proved  by  disinterested  tes- 
timony, and  if  disallowed  by  the  probate  court,  an  appeal  may  be  taken  to 
the  district  court.  A  claimant  may  reduce  his  claim  to  a  judgment  in  any 
court  of  record,  and  file  the  transcript  in  the  probate  covirt,  but  if  suit  is 
brought  within  six  months  after  letters  issue,  the  plaintiff  shall  pay  all  costs. 

Corporations. — A  corporation  may  be  organized  by  three  or  more  persons 
who  may  desire  to  carry  on  any  business  designed  to  aid  in  tlie  industrial  or 


WYOMING  TERRITORY.  867 

productive  interests  of  the  territory.  The  incorporators  shall  make,  sign  and 
acknowledge  before  some  officer  competent  to  take  the  acknowledgments  of 
•deeds,  duplicate  certificates,  in  which  shall  be  stated  the  corporate  name  of 
5uch  company,  the  object  for  which  it  is  formed,  the  amount  of  the  capital 
stock,  the  term  of  its  existence,  which  cannot  exceed  fifty  years,  the  numbei 
of  shares  of  stock,  the  names  and  number  of  trustees  who  shall  manage  the 
affairs  of  the  company  for  the  first  year  of  its  existence,  and  the  name  of  the 
jjlace  where  the  principal  business  of  such  company  shall  be  carried  on. 
One  of  such  certificates  shall  be  filed  in  the  office  of  the  secretary  of  the  ter- 
ritory and  another  in  the  office  of  the  county  clerk  of  the  county  in  which 
the  principal  place  of  business  is  situate. 

Every  foreign  corporation  doing  business  in  the  territory  is  required  to 
file  its  certificate  in  the  office  of  the  secretary  of  the  territory,  and  a  failure 
to  do  so  renders  the  officers,  agents  and  stockholders  severally  liable. 

Costs. — Non-resident  plaintiffs  may  be  required  to  give  security  for  costs, 
or  they  may  pay  svich  costs  as  fast  as  they  accrue. 

Courts. — Terms  and  Jurisdiction  of : 

District  court  is  held  twice  a  year  in  each  organized  county,  except  Fre- 
mont and  Crook  counties,  where  special  terms  may  be  held  as  provided  by 
law,  and  has  full  common  law  and  chancery  powers.  There  is  a  probate 
court  in  each  county.  Justice  s  jurisdiction  on  all  claims  arising  from  con- 
tract, $800. 

The  following  Calendar  of  the  Teri-itorlal  Courts  is  also  the  United  States  Court 
Calendar.  These  courts  are  lield,  both  as  U.  8.  Courts  and  Territorial  Courts,  having 
certain  times  during  the  terms  of  Court,  when  U.  S.  matters  are  considered. 

TIMES  FOR  HOLDING  COURTS  IN  1888-1889. 

County.  County  Seat.        Dist.  When  Held. 

Albany    ....  Laramie 2d  2d  Mondays  in  March  and  October. 

Carbon Rawlins 3d  4th  Mondays  in  April  and  September 

•Crook Sundance   ....    1st  1st  Tuesday  in  August. 

Fremont     .  .  .  Lander 2d  1st  Monday  in  July. 

Johnson  ....  Buflalo 2d   4th  Monday  in  June,  and  2d  Mondaj-  in  De- 
cember. 

Laramie Cheyenne  ....    1st  4th  Monday  in  May,  and  2d  Monday  in  No 

vember. 
Sweetwater  .  .  Green  River  ...     3d  4th  Mondays  in  April  and  September. 
Uinta Evanston 3d  1st  Mondays  in  April  and  September. 

.Curtesy. — Tenancy  by  curtesy  in  this  territory  is  abolished  by  statute. 

Deeds. — Conveyances  of  land  or  of  any  interest  therein,  must,  if  executed 
•within  the  territory,  be  executed  in  the  presence  of  one  witness,  who  shall 
subscribe  his  name  as  such,  and  any  person  executing  such  deed  or  mortgage 
may  acknowledge  the  same  before  any  officer  authorized  to  take  acknowl- 
edgments. 

A  married  woman  may  convey  her  real  estate  in  like  manner  as  she  might 
do  if  unmarried. 

The  statute  gives  no  form  of  acknowledgment,  but  declares  that  a  mort- 
gage or  conveyance  of  a  homestead  shall  be  absolutely  void  unless  the  wife 
of  the  grantor,  if  he  has  one,  separate  and  apart  from  her  husband,  shall  sign 
and  acknowledge  the  same,  after  being  apprised  of  her  right  and  the  effect 
of  her  act. 

All  deeds  must  be  acknowledged,  and  proof  of  execution  will  not  answer 
in  lieu  of  acknowledgment. 

A  deed  executed  in  any  other  state,  territory  or  county,  may  be  executed 
according  to  the  laws  of  such  state,  territory  or  country,  and  may  be  ac- 
knowledged before  any  officer  authorized  by  the  laws  of  such  state,  territory 
or  country,  to  take  acknowledgments.  If  the  acknowledgment  is  not 
made  before  a  clerk  of  a  court  of  record  etc.,  as  to  proceedure  see  under  the 
head  oi^  Acknowledgments. 


868  WYOMING   TERRITORY. 

Descent  and  Distribution. — After  payment  of  debts  the  estate  of  any  in- 
testate shall  descend  as  follows  :  If  the  hitestate  leaves  a  husband  or  wife 
and  children,  or  the  descendants  of  children,  one-half  of  the  estate  shall  de- 
scend to  such  surviving  wife  or  husband,  and  the  residue  to  such  surviving 
children  or  their  descendants.  If  the  intestate  leaves  a  surviving-  husband 
or  wife  and  no  surviving  children  or  descendants  of  children,  then  three- 
fourths  goes  to  the  surviving  wife  or  husband,  and  one-fourth  to  the  father 
and  mother  of  the  deceased ;  provided  that  the  estate  does  not  exceed  ten 
thousand  dollars  the  whole  shall  descend  to  the  surviving  wife  or  husband. 

Depositions. — The  deposition  of  a  witness  may  be  used  only  in  the  follow- 
ing cases  :  1.  When  the  witness  does  not  reside  in,  or  is  absent  from  the 
county  where  the  action  or  proceeding  is  pending,  or  by  change  of  venue  is 
sent  for  trial.  3.  When  the  witness  is  dead,  or  from  age,  infii'niity,  or  im- 
prisonment, is  unable  to  attend  court.  3.  When  the  testimony  is  required 
upon  a  motion,  or  where  the  oral  examination  of  the  witness  is  not  required. 

Either  party  may  commence  taking  testimony  by  deposition  at  any  time 
after  service  upon  the  defendant. 

Depositions  may  be  taken  out  of  the  territory  before  a  Judge,  justice,  or 
chancellor  of  any  court  of  record,  a  justice  of  the  jjeace,  notary  public, 
mayor  or  chief  magistrate  of  any  city  or  town  corporate,  a  commissioner 
appointed  by  the  governor  of  this  territory  to  take  depositions,  or  any  person 
authorized  by  a  special  commission  from  this  terrritoiy. 

The  officer  before  whom  depositions  are  taken  must  not  be  a  relative  or 
attorney  of  either  party,  or  otherwise  interested  in  the  event  of  the  action 
or  proceeding. 

Written  notice  of  the  intention  to  take  a  deposition  must  be  given  to  the 
adverse  party,  specifying  the  action  or  proceeding,  the  name  of  the  court  or 
tribunal  in  which  it  is  to  be  used,  and  the  time  and  place  where  it  will  be 
taken ;  and  in  case  the  deposition  of  a  party  to  the  suit  is  taken,  the  same 
cannot  be  used  in  his  own  behalf  unless  the  notice  shall  also  specify  that  his 
deposition  would  be  taken.  The  notice  must  be  served  so  as  to  allow  the 
adverse  party  svifficient  time  (exclusive  of  Sundays,  the  day  of  service,  and 
one  day  for  prejiaration)  to  travel  by  the  usual  routes  and  modes  of  convey- 
ance to  the  place  named  in  the  notice  ;  and  the  examination  may,  if  so  stated 
in  the  notice,  be  adjourned  from  day  to  day.  But  an  adjournment  from 
Saturday  to  Monday  is  good.     (II.  S.  §  5273.)  .     , 

Depositions  thus  taken  by  any  judicial  or  other  officer  authorized  as  above 
to  take  depositions,  having  a  seal  of  office,  must  be  admitted  in  evidence 
upon  the  certificate  and  signatui'e  of  such  officer,  under  the  seal  of  the  court 
of  which  he  is  an  officer,  or  his  official  seal,  and  no  other  or  further  act  of 
authentication  is  required.  If  the  officer  taking  the  same  have  no  official 
seal,  the  deposition,  if  not  taken  in  this  territory,  must  be  certified  and 
signed  by  such  officer,  and  be  further  authenticated,  either  by  parol  proof 
adduced  in  court.,  or  by  the  certificate  and  seal  of  any  secretary  or  other 
officer  of  state  keeping  the  great  seal  thereof,  or  of  the  clerk  or  prothono- 
tary  of  any  court  of  the  state  having  a  seal,  attesting  that  such  officer  was, 
at  the  time  of  taking  the  same,  authorized  within  the  meaning  of  the  law 
as  above  given  to  take  the  same.  The  deposition  must  be  filed  at  least  one 
day  before  the  day  of  trial. 

Forms  and  Instructions. — Tlie  following  forms  may  be  used  : — "Deposi- 
tion of  witnesses  taken  in  a  cause  pending  in  the  court  of  (here  name  the 
court  in  which  the  suit  is  pending)  wherein is  plaintifi',  and defend- 
ant, and  for  said  plaintiff  (or  defendant,  as  the  case  maybe),  in  pursuance 
of  the  notice  hereto  attached."    (Here  state  which  of  the  parties  Was  present.) 

"A.  B.,  of  the  county  of ,  of  lawful  age,  being  first  duly  sworn  (or 

affirmed)  by  me,  as  hereinafter  certified,  deposes  and  says."  (Here  insert 
the  dejiositions,  either  by  stating  the  facts  in  a  narrative  form,  or  in  the 
form  of  answeis  to  questions  fiist  written  down.) 


WYOMING   TERRITORY.  809 

If  more  tliaii  one  witness,  the  next  deposition  may  be  commeiieeil  inimc- 

«liately  below  the  preeeding,  as  i'oUows: — "'Also  C.  D.,  of .  of  hiwful 

uge,  being,'"  etc.  (same  as  in  first  deposition). 

At  the  end  of  the  whole  the  certificate  of  the  otfieer  must  be  annexed, 
and  may  be  as  follows  : — "I,  E.  F.  (naming  the  oHicial  ciiaracter  of  the 
■orticer),  do  hereby  certify  that  the  above  named  (naming  all  the  witnesses) 
were  by  me  first  duly  sworn  (or  attirmed)  to  testify  tlie  truth,  the  whnK- 
truth,  and  nothing  but  the  truth,  in  the  above  entitled  cause,  and  that  tlie 
foregoing  depositions  by  them  resi)ectively  subscribed  were  reduced  to 
writing  by  me  and  subscribed  by  the  said  witnesses  in  my  presence  (or  if  by 
any  other  person,  here  insert  his  name,  and  state  that  he  was  a  disinterested 
person,  and  they  were  written  in  the  presence  of  the  ofiicer),  and  were  taken 
at  time  and  place  in  the  inclosed  notice  .specified.  In  testimony  whereof  I 
liave  hereunto  set  my  hand  (if  the  otHcer  have  a  seal  add)  [and  official  seal] 
this day  of  A.  I).  18 — ."     (Sign,  stating  official  character.) 

If  adjournments,  instead  of  the  words  "and  were  taken  at  the  time  and 
^dace  in  the  inclosed  notice  specified,"  insert  "and  were  commenced  at  the 
time  and  place  in  the  notice  specified,  and  continued  by  adjournment  from 
<lay  to  day,  at  the  same  place,  and  between  the  same  hours,  as  in  the  notice 
specified,  and  for  the  reasons  above  stated." 

The  sealed  package  containing  the  deposition  should  be  addressed  to  "The 

<;lerk  of  the  court  of  (naming  the  court  in  which  suit  is  pending),  at , 

AYyoming,"  Across  the  seals  write  "Depositions  in  the  case  of  A.  B.  vs. 
O.  D..  taken,  sealed  up,  addressed,  and  transmitted  by  me."  (Signed,  with 
official  character.)     If  the  suit   is   pending   before   a  justice,  the   address 

should   be    "To   ,   justice   of  tlie  peace   within   and   for  county, 

Wyoming." 

Fees  for  taking  depositions  in  this  territory  are  fifteen  cents  per  folio,  and 
five  dollars  for  all  other  services  in  taking,  certifying,  directing,  indorsing, 
and  transmitting  the  same. 

Divorce- — The  usual  grounds  for  divorce,  including  wilful  desertion  by 
either  husband  or  wife  for  the  term  of  one  year,  or  the  failure  on  the  part 
of  the  husband  to  provide  the  wife  with  the  common  necessaries  of  life  for 
tlie  period  of  one  year,  entitle  the  applicants  to  a  decree.  A  residence  in 
The  territory  must  be  alleged  and  proven. 

Dower. — By  act  of  Congress,  the  wife  is  endowed  of  the  third  part  of  all 
the  lands  of  which  her  husband  was  seized  of  an  estate  of  inheritance 
<luring  marriage,  unless  she  has  lawfully  released  her  right  thereto. 

Evidence- — Claims  must  be  established  according  to  the  legal  rules  of 
evidence.  There  is  no  provision  authorizing  an  affidavit  to  be  used  in 
l)roving  a  claim. 

Executions- — Executions  may  issue  from  anj'-  courts  immediately  after 
^judgment  is  rendered  ;  and  are  returnable  in  sixty  days  when  issued  by  a 
i'ourt  of  record,  and  in  thirty  days  when  issued  by  a  justice  of  the  peace. 

The  writ  of  execution  upon  a  judgment  shall  be  satisfied  first  out  of  the 
goods  and  chattels  of  the  debtor,  and,  for  want  of  these,  then  upon  his  real 
e.state.  "When  two  or  more  writs  of  execution  against  the  same  debtor  shall 
be  sued  out  during  the  term  in  which  judgment  was  rendeied.  or  in  ten  days 
after,  and  wlien  two  or  more  such  writs  sliall  be  delivered  to  the  officer  on 
the  same  day,  no  jireference  shall  be  given  to  either  of  such  writs,  and  if  all 
such  writs  cannot  be  satisfied  in  full,  then  the  total  amount  collected  shall 
be  applied  on  each  pro  rata. 

If  execution  be  not  sued  out  within  one  year  after  judgment,  then  such 
Judgment  shall  not  constitute  a  lien  on  the  real  estate  of  the  debtor  to  the 
j»rejudice  of  any  other  bona  fide  judgment-creditor. 


870  WYOMING  TERRITORY. 

Exemptions. — Household  furniture,  provisions,  etc.,  $500 ;  tools,  team,, 
implements  or  stock  in  trade  of  mechanic,  minor  or  other  person,  kept  for 
his  trade  or  business,  $300  ;  library  and  instruments  of  professional  man, 
8300  ;  homestead  actually  occupied  as  such  by  head  of  family  in  country, 
160  acres  ;  in  town,  lot  or  lots,  in  value  $1,500  ;  personal  wearing  apparel  of 
every  person,  the  value  of  $150. 

False  Pretenses- — Obtaining  credit  by  false  representations  of  responsi- 
bility, wealth  or  business  connection,  in  writing,  is  made  a  misdemeanor 
punishable  by  fine  and  imprisonment  in  the  county  jail.  Obtaining  goods 
by  means  of  false  pretenses,  when  the  thing  obtained  is  over  the  value  of 
twenty-five  dollars,  is  made  a  felony  punishable  by  imprisonment  in  the 
penitentiary. 

Frauds,  Statute  of. — The  Wyoming  statute  of  frauds  and  perjuries  con- 
forms to  statutes  generally  adopted  in  the  several  states  as  derived  from  the 
statute  of  Charles  II. 

Homestead. — {See  Exemptions.) 

Insolvent  Laws. — (See  Assignments.) 

Interest  and  Usury. — In  the  absence  of  express  contract,  all  moneys, 
claims  or  judgments  draw  interest  at  the  rate  of  twelve  per  cent,  per  annum. 
Any  rate  may  be  agreed  upon  in  writing  ;  unsettled  accounts  draw  interest 
after  thirty  days  from  date  of  last  item. 

Judgments — Are  a  lien  on  debtor's  real  estate  within  the  county  from  the 
first  day  of  the  term  at  which  judgment  is  entered,  but  judgments  by  con- 
fession and  judgments  rendered  at  the  same  term  at  which  the  action  is- 
commenced  bind  the  debtor's  real  estate  only  from  the  time  of  entry,  which, 
lien  continues  for  five  years. 

Justice  of  the  Peace. — {See  Courts.) 

Landlord  and  Tenant. — No  tenancy  exists  by  implication  of  law,  except 
tenancy  by  sufferance ;  and  upon  the  expiration  of  the  lease,  there  is  nO' 
implied  renewal  of  the  same,  and  such  holding  over  constitutes  only  a  ten- 
ancy by  sufferance. 

Leases. — {See  Landlord  and  Tenant.) 

Liens. — Common  carriers  are  given  a  lien  by  statute  for  charges  for  trans- 
portation ;  also  mechanics  and  material-men  have  a  lien  for  labor  and 
materials  employed  or  used  in  the  erection  or  repair  of  buildings.  The 
claim  therefor  must  be  made  out  and  filed  in  ninety  days  from  the  time  the 
work  is  finished  or  the  last  item  of  material  furnished,  and  proceedings  to> 
foreclose  the  lien  must  be  commenced  in  one  year.  Any  person  performing- 
any  work  in  the  making  or  repair  of  any  article  of  personal  property  has  a 
lien  on  the  same  for  his  charges. 

The  county  of  Laramie  has  a  separate  lien  law,  and  proceedings  to  fore- 
close the  lien  must  be  commenced  within  six  months  after  the  filing  thereof.. 

Limitation  of  Suits. — On  contracts  not  in  writing,  four  years ;  upon 
specialty  or  agreement  in  writing,  five  years  ;  on  all  foreign  judgments,  or 
contracts  made  or  incurred  before  debtor  becomes  a  resident,  within  two- 
years  after  he  establislies  residence  in  territory  ;  recovery  of  lands,  twenty- 
one  years.     Revivor  :  part  payment  or  acknowledgment  in  writing. 

Limited  Partnerships. — Limited  or  special  partnerships  may  be  formed 
by  two  ur  more  persons  for  any  business,  except  insurance  or  banking. 


WYOMING   TERRITORY.  871 

Parties  desiring  to  form  such  partnerships  must  execute  a  certificate  set- 
ting out  the  name  of  the  partnership,  the  nature  of  its  business,  the  names 
and  residences  of  the  partners,  the  amount  of  capital  stock  each  contributes, 
and  the  period  for  which  tlie  partnership  will  run.  The  certificate  must  be 
acknowledged  and  filed  in  the  office  of  the  county  clerk  of  the  county  where 
the  principal  place  of  business  is  situated.  An  affidavit  of  each  of  the 
partners  as  to  the  amount  contributed  must  be  filed  at  the  same  time. 

Married  "Women. — A  married  woman  retains  her  property,  both  real  and 
personal,  and  may  make  a  will,  carry  on  business,  sue  and  be  sued,  and 
retain  her  own  earnings.     She  may  also  vote  and  hold  office. 

Mechanics'  Liens. — {See  Liens.) 

Mortgages.— ('S'ee  Deeds.) 

Practice. — The  Ohio  code  of  civil  procedure  has  been  adopted  in  this 
territory  substantially  without  change. 

Proof  of  Claim. — {See  Evidence.) 

Seal. — A  scroll  may  be  used  in  place  of  a  seal  in  the  execution  of  instru- 
ments. 

Stay  of  Execution, — The  statutes  for  stay  of  execution,  except  in  actions 
before  justices  of  the  peace,  have  been  repealed,  and  no  stay  of  execution 
can  now  be  obtained  in  the  district  courts.  "Where  cases  are  carried  to  the 
supreme  court,  by  writ  of  error,  petition  in  error,  or  appeal,  a  supersedeas 
may  be  had  by  filing  a  bond  to  pay  costs  and  damages. 

Taxes. — As  between  the  grantor  and  grantee  of  property,  where  there  is 
no  express  agreement  in  writing  as  to  who  shall  pay  the  taxes  assessed 
thereon,  if  such  property  is  conveyed  between  the  first  day  of  January  and 
the  first  day  of  April,  then  the  grantee  shall  pay  the  same ;  but  if  conveyed 
between  the  first  day  of  April  and  the  first  day  of  January,  the  grantor  shall 
pay  them. 

Wills. — Any  person  of  full  age  and  sound  mind  may  dispose  of  his  property 
by  will,  except  what  is  sufficient  to  pay  his  debts  or  is  allowed  by  law  to 
husband  and  family,  or  wife  and  family. 

All  wills,  to  be  valid,  must  be  in  writing,  witnessed  by  two  competent 
persons,  and  signed  by  the  testator,  or  by  some  person  in  his  presence  and  at 
liis  direction.  If  the  person  named  in  a  will  as  sole  legatee  be  also  executor, 
the  court  may  fix  the  amount  of  a  bond,  conditioned  upon  the  payment  of 
the  debts  of  the  estate,  and  no  other  bond  shall  be  required  and  the  estate 
sliall  forthwith  vest  in  such  legatee. 


872 


WYOMING   TERRITORY 


ATTORNEYS  IN  WYOMING  TERRITORY. 


Bold  Face  Type  denotes  county  seats.       A  dash  (— )  less  than  100  population. 
Figures  after  names  when  admitted  to  the  Bar.       A  star  (*;  Notaries  Public. 
A  double  dagger  (J)  our  Compiler  of  Laws. 
A  dagger  (f)  former  recommendations  withdrawn. 


PLACE, 

COUNTY. 

NAMES   OF   ATTORNEYS.      POPULA  N. 

Buffalo 

Jobn.son 

II.  L.  Andrews.                                   90 

Cheyenne  City 

Laramie 

S  POTTER  &  '73 

I            VAN  DEVANTER,'81.  5,000 

Evanston 

Ninta 

Steel  &  Ryckman.                        1,277 

Green  River  City 

Sweetwater 

A.  B.  Conaway.                                500 

Lander 

FremoHt 

CHARLEY  ALLEN                      — 
r  t  Brown  (M.  C), 

J            Blake  (J.  W.)  &             .,  oa« 
Arnold  (C.  P.) .    ^"^^'^ 

Laramie  City. 

Albany 

See  Card  in  Api)endi.i: ,  page  xxvii. 

Rawlins. 

Carbon 

H.  Merrell.                                     2,500 

BANKS  IN  WYOMING  TERRITORY. 

Giving  the  name  of  town,  bank  and  cashier,  and  amount  of  paid-up  capital  of  one 
bank  in  each  county  of  this  territory  in  which  such  a  banking  institution  is  located. 


PLACE.  NAME   OF   BANK. 

Buffalo  First  National  Bank 

Cheyenne  Cheyenne  National  Bank 

"  First 

"  Stock  Growers'  Nat    " 

"  Morton  E  Post  &  Co 

Evanston  Mutual  Ex  Bank 

"  Beckwith  &  Co 
Fort  Fetterm'n  Maverick  Bank 

Laramie  Laramie  National  Bank 

"  Wyoming       '■■  " 

Rawlins  Jas.  France 

J.  W.  Ilu"us  &  Co 


PAID  ur 

CASHIEPv. 

CAPITA].. 

C.  M.  White. 

$50,000 

J.  W.  Collins. 

100,000 

J.  E.  Wild. 

200,000 

Henry  G.  Hav. 

400,000 

A.  J.  Parshall. 

100,000 

Chas.   Stone. 

35,000 

E.  W.  Smith. 

78,000 

C.  M.  Garver. 

10,000 

J.  W.  Donnellau. 

100,000 

M.  Dawson. 

50,000 

H.  B.  Henderson. 

90,000 

J.  M.  Rumsey,  Jr. 

60,000 

PROVINCE  OF 

ONTARIO,  CANADA. 

SUMMARY  OF 

Collection    Laws.         ^ 

Court  Calf.ndak.  Instructions  fob  taking   Depositions,  Lf.gai,  Forms,  Etc. 

]5XPRKSSI,V    PrKPAUED  ANT)  IlEVISKl>    TO  NOV.   1st,  1887,  FOI!   "  HHOWERS' 

Legal,  Directokv  and  Merchants'  Guide."  for  1S88.  by 
J.  Baldwin  Hands,  Esq.,  of  the  Toronto  Bar. 

Acknowledgments. — (^See  Llinitjitions  and  Deeds.) 

Actions  and  Parties.^Actions  may  l»o  prosecuted  by  trustees  or  assign- 
ees not  interested.  All  actions  are  connnenced  by  a  writ  of  summons  en- 
dorsed witli  a  statemi'nt  of  the  claim  made.  Plaintiff  may,  in  the  same 
action,  sue  any  and  all  parties,  no  matter  in  what  degree  liable.  All  parties 
may  be  joined  as  plaintitl's  or  defendants  in  whom  any  right  or  remedy 
against  exists. 

A  defendant  resident  in  the  United  States  has  six  weeks  after  the  service 
of  a  copy  of  or  notice  of  the  writ  of  summons  on  him,  within  which  to 
enter  an  appear.vnce.  This  time  may  be  shortened  by  the  order  of  a  judge 
of  which  tlie  defendant  must  be  notified.  A  <lefendant  resident  in  Ontario, 
must  enter  an  appt^ai'ance  in  ten  days  after  service  of  the  summons  upon 
liim.     In  default  (»1"  appearance,  final  judgment  may  be  entered. 

Defendant  may  in  the  .same  action  file  a  set-ott'or  counter-claim  against 
the  plaintift"s  claim. 

Affidavit. — If  taken  in  a  foreign  country,  should  be  sworu  before  either  a 
notary  public,  a  commissioner  authorized  to  take  affidavits  for  use  in  Ontario, 
a  judge  of  a  court  of  record,  or  the  mayor  or  chief  magistrate  of  the  place. 
The  official  seal  should  be  placed  on  the  documents. 

Aliens. — All  kinds  of  real  and  i)ersonal  property  may  now  be  held  and 
conveyed  by  aliens  as  freely  as  by  natural  bora  subjects. 

Appeals.— ('S'cc  Courts.) 

Appearance. — {See  actions  and  jmrfies.) 

Arrests. — Arrests  or  imprisonment  for  debt  are  abolished,  except  on  ex- 
amination before  a  judge  or  special  examiner,  it  is  ascertained  tiiat  a  party 
fraudulently  conceals  or  disposes  of  liis  property,  or  it  is  by  affidavit  shown 
to  the  satisfaction  of  a  judge,  that  he  is  about  to  quit  Ontario  with  entent 
to  defraud  his  creditors  generally,  or  tlie  ])laintitf  in  particular,  and  is  in- 
debted to  the  applicant  in  the  sum  of  SlOO    exclusive  of  costs. 

[Out.  1.] 


874  CANADA. 

Assignments. — Choses  in  action  may  be  assigned. 

Attachments. — Pi-operty  can  be  attached  if  a  debtor  attempts  its  removal 
or  absconds  from  Ontario  or  keeps  property  concealed  witli  intent  to  defraud 
creditors.  Affidavit  by  plaintiff  or  his  agent  of  these  facts  and  verifying  in- 
debtedness is  required  upon  which  to  issue  a  writ  of  attachment. — (^See  also 
Arrest.) 

Bills  and  Notes. — Three  days'  grace  allowed  except  when  payable  on  de- 
mand. Any  rate  of  interest  may  be  fixed.  If  no  rate  fixed,  six  per  cent, 
from  date  note  becomes  due.  Must  be  protested  when  due  and  parties- 
notified  in  order  to  hold  endorsers.  Formerly  production  of  note  was  suffi- 
cient prima  facie  evidence  of  indebtedness,  but  now  plaintiff  must  prove 
defendant's  signature  to  the  note,  unless  note  for  $20  or  less.  Cannot  be 
made  for  less  than  one  dollar.     No  stamps  are  now  required 

Chattel  Mortgages. — May  be  effected  on  goods  of  debtor  to  secure  debt. 
Must  be  registered  within  five  days  from  date,  otherwise  void. 

Affidavit  must  be  made  by  mortgagee  or  his  agent  (authoi'ized  in  writing) 
of  bona  fides  of  auch  mortgage.  Will  expire  in  one  year  from  date,  unless 
renewed  within  thirty  days  preceding  the  expiration  of  the  year. 

Costs. — Costs  usually  follow  the  result  of  the  trial,  but  are  in  the  dis- 
cretion of  the  court.  Non-resident  plaintiffs,  if  not  possessed  of  sufficient 
property  within  Ontario,  may  be  required  to  give  security  to  defendant  for 
his  costs.  Security  may  be  given  either  by  bond,  executed  by  surety  resident 
of  Ontario  or  by  depos  iting  not  less  than  two  hundred  dollars  in  court  to 
abide  the  event  of  the  action.  The  court  may  at  any  time  order  the  security 
to  be  increased. 

Counter  Claim. — (See  actions  and  parties.)  It  may  consist  of  any  claim 
whether  connected  with  the  i>laintift''s  claim  or  not,  and  whether  sounding  in 
damages  or  not. 

Courts. — The  courts  are  the  court  of  appeal,  the  divisional  court,  the 
division  courts,  the  surrogate  court,  the  county  court,  and  the  high  court 
of  justice  ;  the  latter  being  divided  into  three  divisions,  viz  :  Queen's 
bench,  common  pleas  and  chancery  divisions,  which  have  concurrent  juris- 
diction. 

Division  Courts  sit  once  each  month  and  have  jurisdiction  in  issues  liquid- 
ated or  ascertained  by  act  or  signature  of  the  defendant  to  two  hundred  dol- 
lars.    If  unliquidated  or  unascertained,  one  hundred  dollars. 

County  Court  sits  four  times  at  Toronto  and  twice  in  other  counties  in 
each  year  and  has  jurisdiction  to  four  hundred  dollars  if  liquidated  or  as- 
certained, if  not,  two  hundred  dollars. 

TIlg  High  Court  of  Justice  (called  the  assizes)  sits  four  times  each  year  at 
Toronto  and  twice  in  otlier  counties,  and  has  jurisdiction  in  all  other  actions. 
Law  and  equity  are  administered  concurrently  in  all  courts. 

The  Divisional  Court  {comvaowXy  called  term),  sits  at  Toronto  four  times 
each  year,  viz  :  in  Feburary,  .Tune,  August  and  November,  and  is  a  court  of 
first  appeal  from  the  judgment  at  the  assizes. 

Tlie  Court  of  Appeal  n'lta  at  Toronto  only  four  times  each  year  and  hears 
appeals  from  all  the  other  courts. 

J7ie  Surrogate  Court  sits  only  when  occasion  requires  it  and  has  jiirisdic- 
tion  in  all  matters  relating  to  the  estate  of  deceased  persons. 

Curtesy. — The  wife  may,  by  conveyance  in  lier  lifetime  or  by  will,  deprive 
the  husband  of  curtesy. 
[Ont.  2.] 


CANADA.  875 

Deeds. — x\.fter  letters  patent  have  been  granted  from  the  Crown  for  hinds 
every  instrument  affecting  hmd  is  deemed  fraudulent  and  void  against  any 
subsequent  i)urchaser  or  mortgagee  for  valuable  consideration  without  act- 
ual notice,  unless  it  is  registered  in  the  registry  office  of  the  county  in  which 
the  lands  are  situate,  before  the  registration  of  the  instrument  under  which 
such  subsequent  purchasers  or  mortgagee  claims.  Deeds  are  registered  by 
depositing  a  duplicate  original  of  it  in  the  registry  office  for  the  county  in 
which  the  lands  are  situate,  the  execution  of  which  is  attested  by  an  affidavit 
of  a  subscribmg  witness,  the  affidavit  should  set  out ;  1st.  That  he  was 
personally  present  and  saw  the  parties  execute  and  deliver  it ;  2nd.  That  he 
knowsthe parties; 3rd.  Where  itwasexecuted ;  4th.  That  he  is  a  subscribing 
witness.  If  executed  out  of  Ontario,  the  affidavit  of  execution  should  be 
sworn  as  mentioned  iu  "affidavits." 

Real  estate  can  be  conveyed  or  transferred  by  deed  only.  Our  statute 
provides  a  short  form  of  conveyance,  but  to  come  within  the  provisions  of 
that  statute,  the  deed  must  be  expressed  to  be  in  pursuance  to  the  act  re- 
specting short  fonus  of  conveyances. 

Depositions. — {See  Evidence.) — May  be  taken  by  commission  where  the 
witnesses  resides  abroad.  To  obtain  the  order  for  the  i  ssue  of  the  commis- 
sion, an  affidavit  must  be  made  by  the  party  applying,  setting  out,  1st.  The- 
residence  of  the  witnesses  ;  2d.  That  they  are  necessary  and  material  wit- 
nesses, and  cannot  safely  proceed  to  trial  without  their  evidence  ;  3d.  That  it 
will  be  a  saving  of  expense  ;  4th.  That  he  has  a  good  cause  of  action  or  de- 
fence, (as  the  case  may  be.) 

Descent. — The  law  of  primogeniture  is  abolished.  The  real  estate  of  in- 
testates descends  to  their  heirs  in  equal  proportions,  after  payment  of  declared 
debts  and  the  wife's  dower,  if  alive.  Children  of  deceased  heir  take  parent's 
share.     One-half  of  personal  estate  goes  to  wife,  and  balance  to  heirs. 

Distribution. — {See  Descent.) — If  parties  entitled  do  not  or  cannot  make 
partition  of  estate  of  deceased,  the  court  will  do  so,  in  which  case  whole  es- 
tate is  sold,  and  proceeds  distributed. 

Divorce. — There  is  no  divorce  court  in  this  province.  The  Parliament  of 
Canada  alone  has  power  to  grant  divorce. 

Dower. — A  widow  is  entitled  to  dower  in  lands  of  which  her  husband  died 
seized  of  an  estate  of  inheritance,  in  possession,  or  equal  thereto,  (other  than 
an  estate  in  joint  tenancy.)  A  married  woman  may  bar  her  dower,  by  join- 
ing with  her  husband  in  a  deed  of  conveyance  thereof,  in  which  a  release  of 
dower  is  contained.  If  the  wife  is  a  lunatic,  a  bar  of  dower  is  not  necessary, 
or  if  the  wife  is  living  away  from  her  husband,  and  has  been  so  for  two  years 
the  court  may  order  a  conveyance  with  bar  of  dower. 

Evidence. — Parties  interested  and  all  other  parties  can  testify.  Witness 
may  affirm,  if  oath  not  binding  on  his  conscience.  If  opposite  party  consents, 
evidence  may  be  given  by  affidavit,  or  without  such  consent,  the  judge  may 
receive  affidavits.  In  division  courts,  where  the  claim  is  for  less  than  $20,  the 
proof  may  be  by  affidavits.     {See  Bills  and  Notes.) 

Execution. — May  issue  on  judgment  in  high  court  of  justice  or  county 
CO  t,  after  four  days,  after  the  commencement  of  the  sitting  of  the  divi- 
sional court,  (commonly  called  term),  or  county  court  term  following  the  trial 
when  motions  to  set  aside  or  vary  the  judgments,  may  be  made,  which  is 
usually  less  than  a  month  after  trial. 

[Oat.  3.] 


876  CANADA. 

In  division  court,  execution  issues  seven  days  after  trial,  unless  stayed  by 
order  of  judge.  Execution  may  he  stayed  if  an  appeal  is  taken,  Is  a  lieu 
on  property,  real  and  personal,  from  the  time  only  of  delivery  to  the  sheriff. 
Must  be  renewed  each  year.  Are  satisfied  pari  passu  under  the  Creditor's 
Relief  Act,  1880.     (See  lusolcency  and  Judgments.) 

Exemptions. — Bedding  in  ordinary  use,  necessary  wearing  apparel  of 
debtor  and  his  family,  otlier  liouse  furniture  to  the  value  of  $1.")0,  tools  and 
imi^lements  of  trade  to  tlie  value  of  $100,  food  and  fuel  for  debtor  and  his 
family,  for  thirty  days,  and  not  exceeding  $40  ;  one  cow,  four  sheep,  two 
bogs,  and  food  for  thirty  days  for  same ;  fifteen  hives  of  bees  ;  lands  taken 
up  under  the  ' '  free  grant  and  homestead  act, ' '  are  exempt  for  twenty  years 
from  settlement  thereon. 

Insolvency. — There  is  now  no  "insolvency  law  in  Ontario."  There  is, 
however,  an  act  which  came  into  force  on  the  first  day  of  March,  1884,  enti- 
tled "The  Creditor's  Relief  Act,  1880,"  which  makes  provision  for  the  dis- 
tribution pi'O  rata  amongst  creditors,  of  any  property  taken  in  execution  by 
the  .sheriff".  This  act  requires  the  sheriff  to  keep  a  record  open  for  public  in- 
spection, of  all  seizures  made  by  him,  and  provides  that  all  creditors  filing 
executions  with  the  sheriff,  within  one  month  after  the  said  notice  is  posted, 
are  entitled  to  share  pro  rata  in  the  proceeds  of  the  property  seized.  Inde- 
pendent of  this  act,  a  debtor  may  assign  to  a  trustee  for  the  benefit  of  all  his 
creditors.  The  assets  are  in  that  case  distributed  pro  rata.  A  debtor  can- 
not, in  either  cases,  get  a  discharge,  except  by  consent  of  his  creditors. 

Interest. — Legal  rate  six  per  cent.     Any  rate  by  agreement. 

Judgments. — Do  not  form  a  lien  on  property  of  the  debtor  until  execution 
is  issued  and  filed  with  the  sheriff.  Actions  in  Ontario  are  brought  on  an  ex- 
emplification of  a  foreign  judgment  issued  out  of  the  court  in  which  the 
judgment  was  recovered,  under  the  seal  of  the  said  court.  A  defendant  sued 
on  such  a  judgment  in  the  coiirts  of  Ontario,  cannot  set  up  as  a  defence  there- 
to, any  defence  which  he  set  up  or  might  have  set  up  to  the  original  action. 
If  defendant  or  one  of  the  defendants  were  personally  served  with  process 
in  such  original  action,  or  appeared  or  pleaded  therein.     (See  Executions.) 

Leases. — For  more  than  three  years  must  be  in  writing.  Short  form  of 
lease  is  provided  l)y  our  statute.  Lease  for  a  longer  time  than  seven  years 
must  be  registered  to  preserve  its  priority. 

Limitation  of  Actions, — Actions  on  simple  contracts,  notes,  instruments, 
not  under  seal,  and  money  demands,  must  be  brought  within  six  years  from 
the  time  the  cause  of  action  accrued  or  the  last  acknowledgment  made  in 
writing,  or  by  part  payment. 

Contracts  under  seal  including  covenants  in  mortgage,  twenty  years  ;  judg- 
ments, six  years,  l)ut  may  be  revived ;  to  recover  lands,  ten  years  ;  to  distrain 
for  rent,  six  years  ;  to  recover  wild  lands  never  in  possession  of  Crown  gran- 
tee as  against  i)erson  in  i)ossession,  but  not  claiming  under  Crown  grantee, 
twenty  years.  When  the  plaintiff  is  under  disability  by  reason  of  infancy, 
coverture  or  lunacy,  the  statute  runs  fi*om  the  removal  of  the  disability. 

Liens. — (See  E.vemtion.) — Also  mechanics,  contractors,  builders  and  la- 
borers, erecting  or  repairing  l)uildings,  or  furnishing  material  for  any  build- 
ing on  another's  ]an<l,  liave  a  lien  t)n  such  land  and  building  to  the  value  of 
their  work  or  materials,  provided,  a  statement  verified  by  affidavit,  is  filed 
within  one  month  in  the  county  registry  office,  in  which  lands  are  situate  and 
proceedings  taken,  to  enforce  such  claims  at  law,  within  ninety  days  from  the 
time  work  is  comjlletcd,  or  materials  furnished. 
[Ont.4.1 


CANADA.  877 

Married  Women. — R^al  and  personal  estate  exenii)t  Irom  liability  for  hus- 
band's  (k'i)ts.  May  hold  and  convey  her  i>roperty  as  if  she  were  a.femm6  sole, 
■without  the  iutersention  of  a  trustee.     (See  Dower.) 

Mechanics'  Liens. — {See  Lkna.) 

Minors. — All  parties  under  twenty-one  years  arc  described  as  infants,  and 
arc  incapable  of  entering  into  any  binding  contract,  except  for  necessaries. 
Their  parents  or  guardians  may  collect  their  wages,  unless  they  havi;  lelt 
home,  and  are  working  for  themselves,  and  on  their  (jwu  account.  They  al•(^ 
liable  for  their  own  torts. 

Mortgages. — Mortgages  on  land  may  be  made  payable  in  any  numl)er  oi" 
years  after  date.  3Iortgagee  may  distrain  for  interest.  May  also  foreclose 
or  sell  by  private  sale  or  public  auction.  Any  rate  of  interest  may  be  charged. 
No  particular  form  is  necessary,  but  to  get  the  benefit  of  the  statute,  they 
must  be  expressed  to  be  made  in  pursuance  of  the  act  respecting  shoftform.s 
of  mortgages. 

Notes. — {See  Bills  and  Notes.) 

Postage. — United  States  postage  .stamps    or    postal    cards ;  no   use   in 
Canada. 
Three  cent  postage  in  use. 

Partnerships. — Limited  partnerships  may  be  formed  in  mamier  prescribed 
by  statute,  whereby  a  partner  may  limit  his  liability  to  the  amount  of  capital 
invested  by  him  in  the  partnership. 

Proof  of  Claims. — {See  Evidence  and  Judgment. — An  attorney  should  be 
furnished  with  christian  and  surnames,  and  residences  of  all  the  proposed 
plaintiffs,  and  if  possible,  defendant  also.  And  with  duplicate  itemized  par- 
ticulars of  the  claim  if  on  an  open  account. 

Revival. — Part  payment  or  written  acknowledgments. 

Security  for  Costs.— ('S^e  Costs.) 

Stay  of  Execution. — {See  Execution.') 

Trust  Deeds. — Must  be  executed  and  registered  the  same  as  other  deeds. 
Property  may,  at  any  time,  be  conveyed  by  a  solvent  i)erson,  in  trust  to 
another.     Husband  may  be  wife's  trustee,  or  vice  versa.     {See  Insolvency.) 

Wills. — May  bel  made  by  any  person  of  the  full  age  of  twenty-one  years. 
Must  be  in  writing,  and  signed  by  testator  in  presence  of  two  witnesses 
present  at  the  same  time.  No  form  of  will  or  attestation  is  necessary.  If 
a  witness  is  a  devisee  under  the  will,  the  devise  is  void,  but  witness  can, 
nevertheless  prove  the  execution  of  the  will.  Wills  made  in  a  foreign  coun- 
try are  valid  in  this  province. 


[Oat.  5.1 


PROVINCE  OF 

QUBBEC. 

SUMMARY  OF 

COLLKCTION      La^WS. 

<.;ouRT  Calendar,  Instructions  for  taking  Depositions,  Legal  Forms,  Etc. 

Expressly  Prepared  and  Revised  to  Nov.  1st,  1887,  for  "Showers' 

Legal  Directory  and  Merchants'  Guide,"  for  1888.  by 

James  Crankshaw,  B.  C.  L.  of  the  Montreal  Bar. 

Acknowledgments. — In  commercial  matters,  where  the  amount  in  ques- 
tion exceeds  fifty  dollars,  an  acknowledgment  taking  a  debt  out  of  the  opera- 
tion of  the  law  of  limitations  must  be  in  writing.  The  acknowledgment, 
(forced  or  voluntary),  of  the  father  or  mother  of  an  illegitimate  child,  en- 
titles the  latter  to  claim  maintenance  from  each  of  them.     (>See  also  Deeds.) 

Actions — Are  commenced  by  writ  of  summons,  with  an  annexed  declara- 
tion setting  forth  the  cause  of  action,  and  praying  for  the  remedy  sought. 
The  writ  must  set  forth  the  names  in  full  of  the  plaintiffs,  their  places  of 
residence  and  occupations,  and  also  the  names  in  full  and  places  of  residence 
of  the  defendants  ;  and  where  the  plaintifts  or  the  defendants  are  a  partner- 
ship firm,  the  partnership  name  must  be  given  as  well  as  the  full  names  of 
the  members  comprising  it.  In  the  case  of  a  corporation,  its  principal  place 
of  business  should  be  given  and  under  what  laws  it  is  incorporated. 

Service  of  writ  may  be  made  either  upon  the  defendant  personally,  or  upon 
a  grown  and  reasonable  person  at  his  domicile  or  ordinary  place  of  residence, 
And  where  the  defendant  has  no  domicile  in  the  province,  but  resides  in  some 
other  part  of  the  Dominion  of  Canada,  a  judge  or  the  prothonotary  will,  if 
the  defendant  have  property  in  the  province,  or  if  the  cause  of  action  has 
arisen  there,  endorse  upon  the  writ  an  order  to  serve  it  at  the  defendant's 
domicile  in  any  part  of  Canada  ;  or,  if  the  defendant  has  left  his  domicile 
in  the  province,  and  his  whereabouts  be  unknown,  he  may,  if  he  has  left 
property  there,  be  summoned  by  notices  in  the  newspapers.  In  ordinary 
cases  the  delay  upon  a  writ  of  summons  is  ten  days  between  the  day  of  ser- 
vice and  the  day  fixed  for  appearance,  when  the  distance  from  the  place  where 
the  court  is  held  to  the  domicile  of  the  defendant  does  not  exceed  fifteen 
miles,  and  when  the  distance  exceeds  that,  the  delay  is  increased  one  day  for 
each  additional  fifteen  miles.  Persons  resident  in  the  province  may  be  sued 
for  debts  contracted  in  foreign  countries,  even  in  favor  of  a  foreigner.  But 
every  person  not  resident  in  the  province,  who  brings  a  suit  in  our  courts, 
must  file  a  power  of  attorney  authorizing  the  suit,  and  also  furnish  to  the 
opposite  party  security  for  the  costs  which  may  be  occasioned  to  the  latter 
by  the  proceedings.  Such  security  may  be  given  either  by  the  bond  of  a  re- 
sponsible resident,  or  by  the  deposit  of  a  sum  of  money  in  court.  Law  and 
equity  are  combined  ;  and  no  distinction  is  made  between  actions  and  suits. 

Administration. — The  transmission  of  a  deceased  person's  estate  is  called 
.succession.    When  it  is  by  will  it  is  testamentary  ;  when  there  is  no  will  it 


CANADA.  879 

Is  an  abintestate  snocession  ;  the  whole  of  the  deceased's  property,  real  and 
personal,  withont  distinction,  forming  one  inheritance,  which  is  transmitted 
and  divided  according  to  uniform  rules  ;  and  the  persons  upon  whom  it  de- 
volves are  called  lieirs.  Abintestate  successions  pass  to  the  lawful  heirs  in 
the  order  established  by  law,  children  of  deceased  or  their  descendants, 
(without  distinction  as  to  sex),  ranking  first  in  order,  they  inherit  in  equal 
portions,  and  per  capita  when  they  are  all  in  the  same  degree,  and  such  of 
them  as  come  by  representation,  inherit  per  stirpes.  When  the  deceased  dies 
without  issue  but  leaving  parents  and  brothers  and  sisters,  the  succession  is 
divided  into  equal  portions,  one  going  to  the  parents,  and  the  other  to  the 
brothers  and  sisters.  If  the  deceased  leave  no  issue  and  no  parents  or  other 
iiscendants,  his  brothers  and  sisters  succeed.  Relations  beyond  the  twelfth 
degree  do  not  inherit.  When  the  deceased  leaves  no  relations  within  the 
heritable  degree,  his  succession  belongs  to  the  surviving  consort ;  and  in  de- 
fault of  a  surviving  consort,  the  succeesion  falls  to  the  crown. 

The  lawful  heirs  become  seized  of  the  succession  by  the  sole  operation  of 
law,  but  the  surviving  consort  and  the  crown  require  to  be  judicially  put  in 
possession,  in  the  manner  set  forth  in  the  code  of  civil  procedure. 

Affidavits — For  use  in  our  courts,  if  made  in  a  foreign  country,  may  be 
taken  before  an  English  commissioner  to  administer  oaths  in  chancery,  be- 
fore a  notary  public,  under  his  hand  and  official  seal,  before  the  mayor  or 
•chief  magistrate  of  any  city,  borough  or  incorporated  town  in  Great  Britain 
or  Ireland,  in  any  of  her  majesty's  colonies,  or  in  any  foreign  country,  under 
the  common  seal  of  such  city,  borough  or  town,  or  before  any  judge  of  a 
superior  court  in  any  of  her  majesty's  colonies  or  dependencies,  or  before  any 
consul,  or  cousular  agent  of  her  majesty,  exercising  his  functions  in  a  for- 
eign country. 

Aliens — Can  acquire,  hold  and  convey  all  kinds  of  property,  real  and  per- 
sonal, in  the  same  manner  as  British  born  or  naturalized  subjects.  {See 
Actions.) 

Appeals.— (/See  Courts.) 

Arrest. — A  writ  of  capias  ad  respondendum  to  arrest  and  hold  a  debtor  to 
bail,  can  be  obtained  by  a  creditor  whose  claim  exceeds  forty  dollars,  upon 
an  affidavit  declaring  either :  1.  That  the  defendant  is  about  immediately 
to  leave  the  provinces  of  Quebec  and  Ontario,  with  intent  to  defraud,  or  2. 
for  secretion  of  his  effects  with  such  intent,  or  3,  that  he  is  deteriorating  im- 
movable property  mortgaged  to  the  plaintiff  for  forty  dollars  or  upwards,  or 
4,  that  being  a  trader  he  ceases  to  meet  his  payments,  and  refuses  to  aban- 
don his  estate  for  the  benefit  of  his  creditors  (as  provided  by  the  new  law 
of  abandonment).  Imprisonment  under  a  judgment  in  a  civil  action  is  al- 
lowed in  certain  exceptional  cases,  for  instance  :  against  tutors  and  curators, 
for  whatever  is  due  by  reason  of  their  administration,  to  those  whoni  they  rep- 
resent; against  any  persons  indebted  as  sequestrators,  guardians,  sheriffs. 
bailiffs  and  other  officers  having  charge  of  moneys,  etc.,  under  judicial  au- 
thority ;  against  persons  indebted  as  judicial  sureties ;  against  persons  in- 
debted in  damages  awarded  by  the  judgment  of  a  court  for  personal  wrongs; 
against  persons  found  in  contempt  of,  or  resisting  any  order  of  court;  and  for 
fraudulent  evasion  of  any  judgment  or  order  by  preventing  or  obstructing 
the  seizure  or  sale  of  property  in  execution  of  such  judgment ;  and  also 
against  any  debtor,  who,  having  abandoned  his  estate  for  the  benefit  of  his 
creditors,  is  proved  guilty  of  secretion  or  of  making  fraudulent  misrepre- 
sentations or  omissions  in  his  statement  of  affairs. 

Assignments. — The  insolvent  laws  have  been  repealed.  But  a  recent  law 
provides  for  the  abandonment  of  a  debtor's  estate  for  the  benefit  of  his  creil- 
itors.      Any  debtor  capiased,  or  being  a  trader  who,  having  ceased  his  ]iay- 


880  CANADA. 

merits,  is  served  by  a  creditor  of  over  $200,  with  a  demand  of  abandoiunent, 
may  tile  in  tlie  protlionotary's  office,  a  statement  of  liis  assets  and  liabilities, 
anil  a  declaration  consenting  to  abandon  all  bis  property  to  his  creditors.  A 
provisional  guardian  is  immediately  appointed,  and  takes  possession  of  the 
estate.  A  meeting  of  creditors  is  called  and  a  curator  is  appointed  to  dis- 
pose of  the  assets  under  the  direction  of  the  court,  and  to  distribute  the  pro- 
ceeds among  the  creditors,  whose  claims,  however,  are  discharged  to  the 
extent  only  of  the  amount  paid  to  them.  The  debtor  cannot,  without  the 
consent  of  all  his  creditors,  obtain  his  discharge,  until  he  pays  all  his  debts 
in  full. 

Attachments. — A  creditor  to  the  amount  of  five  dollars  or  upwards,  may 
before  judgment,  have  the  goods  and  effects  of  his  debtor  attached,  on  pro- 
duction of  an  affidavit  establishing  that  the  defendant  absconds,  or  is  about 
immediately  to  leave  the  province,  with  intent  to  defraud,  or  that  he  is  se- 
creting his  property  with  such  intent,  or,  that  being  a  trader,  he  has  ceased 
his  payments  and  refused  to  assign  his  property  for  the  benefit  of  his  credi- 
tors. The  creditor  may  also,  in  the  same  case,  cause  a  writ  of  saisi  arret  eii 
main  tierce  to  issue  before  judgment  to  attach,  in  the  hands  of  a  third  party, 
any  movable  property  belonging  to  the  debtor. 

Attachment  in  revendication  ; — The  owner  of  movables,  or  the  pledgee  or 
depositor  thereof,  may  oVitain  a  writ  of  revendication  to  seize  any  moveable 
property  the  possession  of  which  is  unlawfully  withheld.  The  writ  is  issued 
upon  production  of  an  affidavit  setting  forth  the  plaintiff's  right  to  posses- 
sion of  the  goods,  and  describing  the  goods  so  as  to  identify  them.  Under 
certain  circumstances  a  vendor  of  goods  can  revendicate  them,  and  have  the 
sale  dissolved  by  reason  of  non-payment  of  the  price. 

Banks — Are  regulated  by  the  acts  incorporating  them  and  by  special  stat- 
utes respecting  banking.  No  bank  can  issue  notes  or  commence  banking 
business  until  $500,000  of  capital  have  been  6o«-a^rfe  subscribed,  and  $100,000 
bona  fide  paid  up,  nor  until  it  has  obtained  from  the  treasury  board  a  certifi- 
cate to  that  eft'ect. 

A  bank  may  acquire  and  hold  warehouse  receipts  or  bill  of  lading  of  goods 
as  collateral  security  for  any  debt  incurred  in  its  favor  in  the  course  of  its 
banking  business.  If  the  previous  holder  of  the  warehouse  receipt  or  bill  of 
lading  is  the  agent  of  the  owner  of  the  goods,  wares  and  merchandize  men- 
tioned therein,  the  bank  is  vested  with  all  the  right  and  title  of  the  owner 
thereof,  subject  to  his  (the  owner's)  right  to  have  the  same  re-transferred  to 
him  on  payment  of  the  debt  thereby  secured.  'Agent"  as  here  used  means 
a  person  entrusted  with  the  possession  of  goods,  or  to  whom  they  are  con- 
signed, or  who  is  in  possession  of  a  bill  of  lading,  warehouse  receipt  or  order 
for  delivery  of  goods  ;  the  term  "  agent "  does  not  include  a  mere  servant  or 
caretaker,  or  one  who  has  possession  of  goods  for  carriage,  safe  custody,  etc. 
as  an  independent  contracting  party,  but  only  persons  whose  employment 
corresponds  to  some  known  kind  of  commercial  agent,  such  as  factors.- 

Every  person,  firm  or  company  assuming  or  using  the  title  of  "bank,'' 
"banking  company,"  "banking  house,"  "banking  association,"  or  "bank- 
ing institution,"  without  adding  thereto  the  words  "not  incorporated,"  or 
without  being  authorized  by  the  banking  act  or  some  other  act  in  that  be- 
half, is  guilty  of  a  misdemeanor,  and  liable  to  incur  a  penalty  not  exceeding 
$1,000. 

Bills  and  Notes — Must  be  protested  for  non-payment,  and  in  default  of 
protest  and  of  notice  thereof,  the  parties  liable,  other  than  the  acceptor  or 
the  maker,  are  discharged  ;  with  this  exception  that  the  drawer  of  a  bill  can- 
not avail  himself  of  the  want  of  protest  or  notice,  unless  he  proves  that  pro- 
vision was  duly  made  by  him  for  payment.  In  actions  on  bills  or  notes,  the 
Engli.sh  law  of  evidence,  as  it  existed  on  the  30th  of  May,  1849.  is  applicable. 
Three  days  grace  are  allowed,  except  on  demand  notes. 


CANADA.  881 

No  stamps  are  required. 

When  the  last  day  of  grace  falls  on  a  legal  holiday,  then  the  next  following 
day,  not  heing  a  legal  holiday,  shall  be  the  last  day  of  grace. 

The  legal  holidays  in  this  province  are  :  Sundays,  new  year's  day,  Good 
Friday,  Easter  3Ionday,  the  epiphany,  the  annunciation,  the  ascension,  Cor- 
jms  Christi,  8t.  Peter  and  St.  Paul's  day,  all  saints  day,  conception  day, 
Christmas  day,  the  birthday  of  the  reigning  sovereign,  dominion  day  (tlic 
first  of  .Inly),  the  day  next  following  new  year's  day,  Christmas  day,  and 
dominion  day,  when  those  days  respectively  fall  on  Sunday.  Any  day  ap- 
pointed by  i)roclamation  for  a  public  holiday  or  for  a  general  fast,  or  a  gen- 
eral thanksgiving  throughout  Canada.  And  any  day  api)ointed  by  the  lieu- 
tenant governor  of  this  inoviucc  for  a  public  holiday,  or  for  a  fast  or  thanks- 
giving. 

Chattel  Mortgages — Have  no  existence  in  this  province.  Movables  may 
be  delivered  over  to  a  creditor  by  way  of  i)ledge  as  security  for  his  debt;  but 
they  are  not  susceptible  of  being  mortgaged  because  delivery  of  movables  is 
necessary  in  order  to  give  the  creditor  a  title  as  against  third  parties,  but 
under  special  statute  provision  is  made  for  the  transfer  by  endorsement  of 
bills  of  lading  and  warehouse  receipts  to  chartered  banks  and  to  private  per- 
sons as  collateral  security  for  the  goods  represented  by  such  instruments, 
and  there  are  special  laws  allowing  mortgages  of  vessels  in  course  of  con- 
struction, to  secure  advances  of  money  or  goods  for  their  completion,  and 
ships  and  their  cargoes  may  be  hypothecated  by  contracts  of  bottomry  and 
respondentia  to  secure  loans  made  for  the  shiij's  use. 

Corporations — iMay  be  formed  and  incorporated  by  royal  charter,  by  act 
of  the  legislature,  and  in  certain  cases  by  registration  of  a  certificate  of  the 
provincial  secretary,  certifying  its  formation  and  the  governor  general's  ap- 
proval of  its  rules  and  regulations. 

Five  or  more  persons  may  be  incorporated  as  a  joint  stock  company. 
Seven  or  more  may  be  incorjjorated  as  a  company  or  co-operative  association 
for  cariying  on,  in  common,  any  labor,  trade  or  business,  (except  mining, 
banking  and  insurance.) 

Corporations  sue  and  are  sued  in  their  corporate  name. 

Foreign  corporations,  duly  authorized  under  any  foreign  law  to  appear  in 
judicial  proceedings,  may  do  so  in  this  province  ;  and  if  they  have  an  office 
or  an  agent,  or  carry  on  business  here,  they  may  be  summoned  here  by  ser- 
vice at  such  office,  or  upon  its  president,  secretary,  or  agent. 

Courts. — Terms  and  Jurisdiction  of: 

llie  superior  court  has  jurisdiction  in  civil  and  commercial  cases  of  $100 
and  over. 

The  circuit  court  has  jurisdiction  in  cases  under  $100. 

The  vice  admiralty  court  has  jurisdiction  in  all  maritime  cases.  Judg- 
ments of  the  suijerior  court  (presided  over  by  one  judge)  may  be  reviewed 
by  the  same  court,  sitting  in  review  and  composed  of  three  judges  ;  and  an 
appeal  lies  from  this  review  court,  or  directly  from  the  superior  court  to  the 
court  of  queen's  bench,  appeal  side,  which  is  the  highest  court  in  the 
province,  and  is  composed  of  five  judges,  presided  over  by  the  chief  justice. 
From  this  court  a  further  appeal  lies — in  matters  of  $3,000 — to  the  supreme 
I'ourt  of  Canada,  sitting  at  Ottawa,  and  to  her  majesty's  privy  council  in 
England. 

The  superior  court  and  circuit  court  sit  at  Montreal  and  Quebec  almost 
daily  during  every  month,  except  .luly  and  August  (vacation),  when  the 
courts  do  not  sit ;  although  during  these  two  months  the  court-house  is  open 
as  usual  for  the  issuing  of  writs,  executions,  &c.,  and  a  judge  is  in  attend- 
ance in  chambers  to  hear  and  determine  summary  proceedings,  such  as 
contestations  of  capias,  seizures  before  judgment,  insolvency  or  abandon- 
ment matters,  and  suits  between  lessees  aofl  lessors  for  ejectment,  &c. 


882  CANADA. 

In  the  superior  court  cither  of  the  parties  in  an  action  may  have  a  trial  by 
jury  in  all  suits  founded  on  debts,  promises  or  agreements  of  a  mercantile 
nature,  or  in  suits  for  damages  resulting  from  personal  wrongs  or  from 
quasi-ottences  against  moveable  property ;  but  a  jury  is  seldom  asked  for, 
and  as  a  rule  cases  are  tried  before  a  judge  only. 

(For  legal  holidays  or  non-juridical  days,  see  Bills  and  Notes.) 

Deeds. — Deeds  and  other  writings  received  by  notaries  in  notarial  form 
are  authentic,  and  as  such  make  proof  between  the  parties  thereto,  and  can 
only  be  set  aside  upon  improbation,  in  manner  provided  by  the  code  of  civil 
procedure.  Private  writings,  acknowledged  or  proved,  have  the  same  effect 
in  making  proof  as  authentic  writings.  Deeds,  &c.,  made  out  of  this 
province  are  valid  if  made  according  to  the  law  of  the  country  where  made. 

Depositions — May  be  taken  by  commission,  when  any  of  the  witnesses  or 
the  parties  reside  out  of  the  province,  and  the  issue  of  a  commission  may  be 
obtained  on  simple  motion  therefor. 

Descent  and  Distribution. — {See  Administration.) 

Divorce. — -There  is  no  divorce  court.  A  divorce  can  only  be  granted  by 
the  parliament  of  Canada.  But  a  separation  from  bed  and  board  may  be 
obtained  by  suit  in  the  superior  court :  1st,  by  the  husband,  on  the  ground 
of  his  wife's  adultery;  3d,  by  the  wife,  on  the  ground  of  the  husband's 
adultery,  if  he  keeps  his  concubine  in  the  common  habitation ;  and  3d,  by 
the  husband  or  the  wife,  on  the  ground  of  outrage,  ill  usage,  or  grevious 
insult  committed  by  one  towards  the  other. 

Separation  from  bed  and  board  does  not  dissolve  the  marriage  tie  ;  and 
neither  of  the  parties  can  contract  a  new  marriage  while  both  are  living. 

Actions  may  also  be  taken  to  have  certain  marriages  annulled  and  set 
aside.  Impotency  (apparent  and  manifest)  renders  a  marriage  null ;  but 
this  nullity  cannot  be  invoked  after  three  years  from  the  marriage.  A  mar- 
riage contracted  without  a  party's  free  consent,  may  be  set  aside  by  the 
party  whose  consent  was  not  free.  But  continued  cohabitation  during  six 
months  after  having  acquired  full  liberty  debars  the  party  from  seeking 
relief. 

IMinors  must,  before  marrying,  obtain  the  consent  of  their  father  and 
mother,  or  if  these  are  dead,  they  must  obtain  the  consent  of  their  tutor ; 
and  a  marriage  contracted  without  such  consent  may  be  attacked  by  those 
whose  consent  was  requisite  ;  but  not  after  six  months  have  elapsed  without 
complaint  on  their  part  since  becoming  aware  of  the  marriage. 

Dower. — {See  Married  Women.) 

Evidence. — A  party  to  a  suit  can  give  no  evidence  in  his  own  favor. 
Husband  and  wife  cannot  testify  for  or  against  each  other.  As  a  rule,  in 
non-commercial  cases  where  the  claim  amounts  to  $50,  oral  evidence  will 
not  suffice,  but  there  must  be  a  commencement  of  proof  in  writing.  In  non- 
commercial cases  under  $50,  and  in  all  commercial  cases  of  whatever  amount 
(with  certain  exceptions  hereinafter  mentioned),  proof  may  be  made  by 
oral  testimony.  In  commercial  cases  exceeding  850,  based  upon,  1st,  any 
promise  or  acknowledgment  taking  a  debt  out  of  the  operation  of  the  law  of 
limitations  ;  2(1,  upon  any  ratification  made  by  a  majority  of  any  obligation 
contracted  during  minority  ;  od,  upon  any  representation  or  assurance  in 
favor  of  a  person  to  enal)le  him  to  obtain  credit,  money  or  goods  thereon ; 
and  4th,  upon  any  contract  for  sale  of  goods,  unless  the  buyer  has  accepted 
or  received  part  of  them,  or  given  something  in  earnest  to  bind  the  bargain, 
there  must  be  a  writing  signed  by  the  party  to  be  charged. 

Executions — Issue  after  fifteen  days  from  judgment.  Execution  will  be 
stayed  when  the  case  is  taken  to  review  or  to  appeal,  and  the  necessary 


1 


CANADA.  ■  883 

deposit  is  made  or  security  given.  The  sale  of  moveables  taken  in  execu- 
tion takes  place  after  eight  days  from  tlie  date  of  the  seizure.  (See  also 
GartiisJiment.) 

Executors. — {See  Wills.) 

Exemptions. — Beds,  bedding  and  bedsteads  of  debtor  and  family;  their 
necessary  wearing  apparel  ;  one  stove  and  pipes,  one  (U-ane  and  appendagt's. 
one  pair  of  andirons,  one  set  of  cooking  utensils,  tongs  and  shovel,  one 
table,  six  chairs,  six  knives,  six  forks,  six  plates,  six  cups,  six  saucers,  one 
sugar  basin,  one  milk  jug,  one  teapot,  six  spoons,  all  spinning  wheels  and 
looms  in  domestic  use,  one  axe,  one  saw,  one  gun,  six  traps,  fishing  nets  in 
common  use,  ten  volumes  of  books,  one  sewing  machine,  one  wringer,  one 
washing  machine  ;  fuel  and  food  for  thirty  days  and  not  exceeding  !j'20  in 
value,  two  draught  horses  or  oxen,  one  cow,  four  sheep,  two  hogs,  and  food 
therefor  for  thirty  days  ;  tools  and  implements,  or  other  (ihattels  ordinarily 
used  in  the  debtor's  trade,  to  the  value  of  $:jO  ;  bees,  to  the  extent  of  fifteen 
hi\es  ;  and  some  additional  exemptions  in  favor  of  hona  fide  settlers  upon 
public  lands  conceded  or  granted  to  them. 

Other  exemptions  are  :  consecrated  vessels  and  things  used  for  religious 
worship  ;  pay  and  pensions  of  persons  belonging  to  the  army  or  to  the  navy  ; 
salaries  of  school  teachers,  alimentary  allowances  granted  by  a  court  ; 
money  or  objects  given  or  bequeathed  upon  the  condition  of  their  being 
exempt  from  seizure;  moneys  or  pensions  given  as  aliment;  wages  and 
salaries  not  yet  due  ;  sums  of  money  granted  by  a  judgment  as  damages  for 
personal  wrongs.  Wages  due  to  laborers  are  liable  to  seizure  only  foi-  a 
l)roportion  not  exceeding  one-half.  Salaries  due  to  all  public  servants  or 
employees  of  the  province  are  liable  to  seizure  for  del)t,  in  the  following 
jiroportions  :  1st.  A  fifth  of  every  monthly  salary  not  exceeding  $1,000  ])er 
annum  ;  2d.  A  fourth  of  every  monthly  salary  exceeding  81,000,  but  not 
exceeding  $2,000  ;  3d.  A  third  of  every  monthly  salary  exceeding  $2,000. 

Factors. — A  factor  whose  principal  resides  in  another  country  is  person- 
ally liable  to  third  persons  with  whom  he  contracts.  The  principal  is  not 
liable  on  such  contracts  to  the  third  parties,  unless  it  is  proved  that  tlu^ 
credit  was  given  to  both  principal  and  factor,  or  to  the  principal  alone. 

Any  person  may  purchase  goods  of  any  agent  entrusted  with  their  pos- 
session, or  to  whom  they  have  been  consigned,  and  may  receive  them  and 
l»uy  him  the  i)rice  thereof;  and  the  contract  is  binding  upon  the  owner  of 
tiie  goods,  notwithstanding  the  purchaser  lias  notice  that  he  is  contracting 
only  with  an  agent.     (See  also  Banks.) 

Garnishment. — A  judgment-creditor  may  effect  an  execution  upon  moneys, 
credits  and  effects  of  his  debtor  in  the  hands  of  a  third  party  by  means  of  u 
seizure  by  garnishment,  and  he  may  thus  make  a  seizure  u])on  his  debtor's 
wages,     {'^ea  &\i^o  Attachments  n.\\i\  Exemptions.) 

Insolvent  Laws.— (>Sfe  Assifjnments.) 

Interest. — Six  per  cent,  is  the  rate  fixed  l)y  law.  Any  rate  may  be  fixed 
by  agreement  between  the  parties  ;  except  that  certain  corporations  are 
restricted  by  statute  to  the  legal  rate,  and  banks  cannot  receive  more  than 
seven  per  cent. 

Judgments — Remain  in  force  for  thirty  years.  In  uncontested  cases  it 
takes  about  eight  days  to  obtain  judgment  in  tlie  circuit  court,  and  about 
fifteen  days  in  the  superior  court.  In  actions  on  bills,  notes,  cheques,  or 
private  writings  or  authentic  documents,  if  the  defendant  does  not  appear 
or  plead,  judgment  may  be  rendered  upon  plaintiff's  written  ai)plication, 
without  proof  of  the  signatures  to  the  documents  ;  and  in  actions  founded 


881  CANADA. 

on  verbal  agreements  to  jDay  specific  sums  of  money,  or  upon  detailed 
accounts,  or  for  goods  sold  and  delivered,  or  for  money  lent,  judgment  may 
be  rendered  fortlivs^ith  upon  an  affidavit  of  the  plaintift"  or  other  credible 
person,  establishing  the  amount  due  by  the  defendant  to  the  plaintiff. 
Judgments,  when  registei'ed  against  defendant's  immoveables,  create  an 
hypothec  thereon  in  favor  of  the  creditor. 

Landlord  and  Tenant. — The  landlord  has,  for  the  payment  of  his  rent 
and  other  obligations  of  the  lease,  a  privileged  right  upon  the  effects  found 
in  the  property  leased.  This  right  includes  the  effects  of  an  under-tenant 
in  so  far  as  he  is  indebted  to  the  lessee.  It  includes  also  goods  belonging  to 
third  persons,  and  being  on  the  premises  by  their  consent,  but  not  if  such 
goods  be  only  transiently  or  accidentally  on  the  premises,  such  as  the  bag- 
gage of  a  traveller  in  an  inn,  or  articles  sent  to  a  vporkman  to  be  repaired, 
or  to  an  auctioneer  to  be  sold.  The  landlord,  in  order  to  enforce  payment 
of  the  rent,  may,  by  means  of  a  writ  of  saisi  gagerie,  cause  the  things  sub- 
ject to  his  privilege  to  be  seized,  either  upon  the  leased  jiremises  or  else- 
where, within  eight  days  after  their  removal. 

Liens — Exist  in  favor  of,  1st,  hotel  and  boarding-house  keepers  upon  their 
guests'  baggage  for  board,  &c.  ;  3d,  carriers  for  freight  upon  the  goods  they 
carry  ;  and  3d,  tradesmen  for  work  done  upon  articles  left  with  them  for 
repair. 

Limitation  of  Actions. — Thirty  years'  uninterrupted  possession  of  leal 
estate  gives  a  valid  title,  and  ten  years'  possession  in  good  faith  under  a 
transitory  title  presumes  ownership. 

Actions  for  money  lent  can  be  brought  at  any  time  within  thirty  years. 

Actions  on  bills  or  notes  for  goods  sold,  and  for  work  and  labor,  and  all 
claims  of  a  commercial  nature,  professional  services  and  all  other  ordinary 
demands,  are  prescribed  by  five  years. 

Actions  for  seduction  and  certain  classes  of  wrongs,  as  well  as  actions  for 
wages  of  workmen  not  reputed  domestics,  and  who  are  hired  for  a  year  or 
more,  are  prescribed  by  two  years  ;  and  actions  for  libel  or  slander,  for 
bodily  injuries,  for  wages  of  domestic  or  farm  servants,  merchants'  clerks, 
and  other  employees  hired  by  the  day,  week  or  month,  or  for  less  than  a 
year,  and  actions  for  hotel  or  boarding-house  charges  are  prescribed  by  one 
year. 

Married  Women. — In  the  absence  of  an  ante-nuptial  contract,  a  com- 
munity or  partnership  of  property  is  established  between  husband  and  wife, 
the  assets  of  such  community  being  composed,  1st,  of  all  the  moveables  they 
possess  on  the  day  of  their  marriage,  and  which  they  acquire,  or  which  falls  to 
them  by  succession  or  gift  during  the  marriage  ;  2d,  of  all  revenues  received 
during  marriage,  and  arising  from  property  belonging  to  them  at  the  time 
of  their  marriage  by  any  title  whatever  ;  and  3d,  of  all  real  properties  which 
they  acquire  during  the  marriage. 

Real  properties  which  the  consorts  possess  on  the  day  of  the  marriage,  or 
which  during  the  marriage  fall  to  them  by  succession,  do  not  enter  into  the 
community.  The  husband  alone  has  the  management  of  the  property  of 
the  community,  but  he  cannot  bequeath  more  than  his  ow*i  half. 

The  community  can  only  be  dissolved,  1st,  By  death  ;  2d,  Separation  from 
bed  and  boaril ;  3d,  Separation  of  property  ;  or,  4th,  the  absence,  under  cer- 
tain circumstances,  of  one  of  the  consorts.  Separation  of  property,  if  not 
provided  for  by  ante-nuptial  contract,  can  only  be  obtained  judicially.  All 
voluntary  separations  effected  during  the  marriage  are  null.  When  there  is 
no  conventional  dower,  that  is,  dower  agreed  upon  by  marriage  contract, 
there  is  in  favor  of  the  wife  legal  or  customary  dower,  which  consists  in  the 
usufruct  of  one-half  of  the  immoveables  belonging  to  the  husband  at  the 
time  of  the  marriage,  and  of  one-half  of  those  accruing  to  him  during  mar- 


CANAt)A.  fesS 

riage  from  his  father  or  mother,  or  other  ascendants.  This  is  a  rij^ht  of 
siirvivorshi})  which  opens  by  the  natural  death  of  the  husband.  Married 
women  separated  as  to  property  can  carry  on  trade  by  complying  with 
certain  registration  formalities. 

Minority. — The  age  of  majority  is  twenty-one  years.  With  certain  ex- 
cei)tions,  a  minor  is  incapable  of  contracting  or  of  suing  without  the  aid  of 
a  tutor.  A  minor  above  the  age  of  fourteen  years  may  sue  for  tlie  recovery 
of  wages.  A  minor  engaged  in  trade  is  reputed  of  full  age  for  all  acts 
relating  to  such  trade. 

Mortgages  of  Real  Estate.— In  this  province  a  mortgage  is  generally 
effected,  not  by  way  of  sale  with  a  right  of  redemption,  but  by  giving  a 
hypothec  or  real  right  upon  the  property,  and  in  order  to  enforce  payment 
as  |against  the  property  the  creditor  holding  the  hypothec  sues,  and,  upon 
obtaining  judgment,  sells  the  property,  and  his  claim  is  paid  by  preference 
out  of  the  proceeds  of  sale.  Hypothec  may  be  either  legal,  judicial  or  con- 
ventional. Legal  hypothec  results  from  the  law  alone  ;  judicial  hypothec 
from  judgments  or  judicial  acts  ;  and  conventional  hypothec  from  an  agree- 
ment. Married  women  have  a  legal  hypothec  for  all  claims  of  theirs  against 
their  husbands  for  whatever  they  have  during  marriage,  received  or  acquired 
by  succession,  inheritance  or  gift.  Minors  and  interdicted  persons  have  a 
legal  hypothec  upon  the  immoveables  of  their  tutors  or  curators  for  the 
balance  of  the  tutorship  or  curatorship  account.  There  is  a  legal  hypothec 
in  favor  of  mutual  insurance  companies  upon  all  the  immoveables  of  each 
paily  insured  for  the  amounts  which  he  is  liable  to  contribute.  (See  also 
Redemjjtion.) 

Notes  and  Bills. — {See  Bills  and  Notes.) 

Partnerships. — In  all  trading  and  commercial  partnerships  the  parties 
must,  within  sixty  days  after  the  formation  of  the  partnership,  file  with  the 
prothonotary  of  the  superior  court  and  with  the  registrar  of  each  county  in 
which  they  carry  on  business,  a  declaration  in  writing  containing  the  names, 
addition  and  residence  of  each  partner,  and  the  name,  style  or  firm  under 
which  they  carry  on  business.  The  omission  to  comply  with  this  law  sub- 
jects each  of  the  contravening  parties  to  a  penalty  of  4^200,  recoverable  by  any 
person  suing  as  well  in  his  own  behalf  as  on  behalf  of  the  queen;  one  moiety 
of  such  penalty  going  to  the  crown  for  the  use  of  the  province,  and  the  other 
moiety  to  the  party  suing  for  it. 

Every  trader  who,  having  no  partners,  uses  with  his  own  name,  as  a  busi- 
ness style,  some  other  name  or  designation,  or  who  uses  his  own  name  with 
the  addition  of  "and  company,"  or  some  other  word  or  i»hrase  indicating  a 
l)hirality  of  members,  must  file  a  declaration  containing  his  full  name,  (jual- 
ity  and  residence,  and  the  style  or  firm  under  which  he  carries  on  business, 
and  stating  that  no  other  person  is  associated  with  him.  Penalty  for  non- 
compliance $200,  recoverable  in  the  .same  way  as  in  cases  of  partnership  firms 
not  registering. 

Partnerships  en  commandite,  or  limited  partnerships,  for  the  transaction  of 
any  mercantile,  mechanical  or  manufacturing  business,  other  than  banking 
and  insurance,  may  be  formed  under  a  special  statute.  Such  partnerships 
consist  of  one  or  more  general  partners  and  of  one  or  more  persons  who  con- 
tribute a  specific  sum  or  capital  to  the  common  stock,  and  who  are  called 
special  partners. 

The  general  partners  are  jointly  and  severally  responsible  in  tlie  same 
manner  as  ordinary  partners,  but  special  partners  are  not  liable  for  tlie  debts 
of  the  partnership  beyond  the  amounts  contributed  by  them  to  tlie  capital. 
Persons  contracting  a  limited  partnership  niu.st  sign  and  file  witli  the  pro- 
thonotary of  the  superior  court  of  the  district  where  their  principal  place  of 
business  is  situated,  a  certificate  containing  the  name  of  the  firm,  the  nature 


886  CANADA. 

of  its  business,  the  names  and  residences  of  all  the  general  and  special  part- 
ners, distinguishing  each,  the  amount  of  capital  contributed  by  each  special 
partner,  and  term  of  the  partnership. 

Eedemption. — The  right  of  redemption  stipulated  by  a  vendor,  entitles 
him  to  take  back  the  thing  sold  upon  restoring  the  price  of  it  and  reimburs- 
ing to  the  purchaser  the  expenses  of  the  sale,  the  costs  of  all  necessary  re- 
pairs, and  the  value  of  such  improvements  as  have  increased  the  value  of  the 
tiling.  The  right  of  redemption  cannot  be  stipulated  for  a  term  exceeding- 
ten  years.  If  the  vendor  fails  to  bring  a  suit  for  the  enforcement  of  his  right 
of  redemption  within  the  stipulated  term,  the  purchaser  becomes  absolute 
owner  of  the  thing  sold. 

Wages. — In  any  action  for  wages  by  domestics  or  farm  servants,  in  the 
absence  of  written  proof,  the  master  may  oft'er  his  oath  as  to  the  conditions 
of  the  engagement  and  as  to  the  fact  of  payment.  (See  also  Mxemptions  and 
Minors.) 

Wills — may  be  made  by  any  person  of  full  age  and  sound  mind.  A  wife 
may  make  a  will  without  the  authorization  of  her  husband.  Minors  are  in- 
capable of  bequeathing  any  part  of  their  property. 

There  are  three  forms  of  wills  in  this  province  :  1.  Notarial  or  authentic 
wills,  which  are  received  before  two  notaries,  or  before  a  notary  and  two 
witnesses  ;  3,  holograph  wills,  which  are  wholly  written  and  signed  by  the 
testator,  requiring  neither  notaries  nor  witnesses,  and  svxbject  to  no  partic- 
ular form  ;  and  3,  wills  made  in  the  form  derived  from  the  laws  of  England; 
that  is,  signed  and  acknowledged  by  the  testator  in  the  presence  of  two  wit- 
nesses, who  attest  and  sign  the  will  in  the  presence  of  the  testator  and  at  his 
request. 

Notarial  wills  are  made  as  originals  remaining  with  the  notary,  and  the 
oi-iginals  or  legally  certified  copies  make  proof  in  the  same  manner  as  other 
authentic  writings. 

Holograph  wills  and  wills  made  in  the  English  form  must  be  presented  for 
probate  to  the  superior  court  or  prothonotary  of  the  district  whei-e  the  testa- 
tor had  his  domicile,  or  if  he  had  no  domicile,  in  the  district  where  he  died. 

A  testator  may  appoint  executors  ;  but  if  none  are  appointed,  the  execu- 
tion of  the  will  devolves  entirely  upon  his  heirs  or  the  legatee,  who  receive 
the  succession.  Married  women  cannot  accept  testamentary  executorship 
without  the  consent  of  their  husbands.  Minors  cannot  act  as  testamentary 
executors. 

Witnesses. — The  testimony  of  one  witness  is  sufiRcient  in  all  cases  where 
oral  proof  is  admitted.  The  evidence  of  a  witness  about  to  leave  the  prov- 
ince, may  be  taken  at  any  stage  of  the  proceedings  in  an  action,  after  due 
notice  to  the  opposite  party.  No  person  can  be  a  witness  who  does  not  know 
the  importance  of  an  oath  or  who  does  not  believe  in  (iod  and  in  a  state  of 
rewards  and  punishments  after  death.     {See  Evidence.) 


CANADA. 


887 


ATTORNEYS  IN  CANADA. 


Bold  Face  Type  denotes  county  seats.        A  dasli  (— )  less  than  lOn  population. 
Figures  after  names,  when  admitted  to  the  Bar.       A  star  (*)  Notaries  Public. 
A  double  dagger  {%)  our  Compiler  of  Laws. 
A  dagger  (+)  former  recommendatiou  withdrawn. 

BRITISH   COLUMBIA. 

I'LACK.  COUNTY.  ^^\M^:S  OK  ATTOK^EYS,      POI'ULAT'N. 

New  West  Minster  New  West  Miu.stcr  N.  W.  Bole.  4,000 

Vancouver  New  Westminster  John  Boultbee.  — 

Victoria  Victoria  Theo.  Davis.  8,500 


Brandon 
Birtte 
Portage  Prairie 

Wiiinepeg 


MANITOBA. 

COUNTY.      NAMES  OF  ATTORNEYS.   I'OI'ULAT'N. 


Selkirk 
Shoal  Lake 
Marquette 

Selkirk 


Peterson  &  Peterson.  2,500 

GJ:0RGE  ST.  JOHN  IIALLEN.  400 
Cooper  &  McDonald.  3,000 

^  Archibald  &  Howell. 

I  t  Wilkes  tfi  Wade.  21,000 


NEW  BRUNSWICK. 


COUNTY. 


NAMES  OF  ATTORNEYS.      I'Ol'ULAT  N. 


Bathurst 

Gloucester 

Theo.  Des  Brisay. 

1,500 

Cani])bcllton 

Restigouclie 

AYm.  Murray. 

1,500 

t'hathani 

Northumberland 

L.  J.  Tweedie. 

4,500 

Fredrictou 

York 

E.  L.  Westmore. 

7,000 

Ctagetown 

Queen 

J.  R.  Currey. 

1,400 

Monctown 

Westmoreland 

])ordcn  &  Atkinson. 

7.000 

New  Castle 

Northumberland 

Davidson  &  Davidson. 

3,500 

Richibucto 

Kent 

James  D.  Phinncy. 

1,000 

Sackville 

Westmoreland 

C.  Milner. 

3,000 

St  Andrews 

Charlotte 

B.  R.  Stevenson. 

2,000 

St  John 

St  John 

C^has.  N.  Skinner. 

32,000 

St  Stephens 

Charlotte 

GEO.  G.  CLARKE,  "80. 

— 

Sussex 

Kings 

A.  S.  WHITE. 

3,000 

Woodstock 

Carleton 

Fisher  »fc  Connell. 

3,200 

NEW   FOUNDLAND. 

PLACE.  COUNTY.  NAMES  OF  ATTORNEYS.      POrULAT'N. 

St  Johns  St  Johns  Whiteway  &  Johnson.  28,000 


888 

CANADA. 

NOVA  SCOTIA. 

PLACE. 

COUNTY. 

NAMES  OF  ATTOKNEYS. 

populat'n. 

Amherst 

Cumberland 

Townsend  &  Dickey. 

4,500 

Annapolis  Royal 

Annapolis 

Ritchie  &  Ritchie. 

1,000 

Antij,'ouish 

Antigouish 

H.  H.  Bligh. 

2,000 

Arichat 

Richmond 

D.  A.  Hearne 

1,100 

Baddick 

Victoria 

John  A.  McDonald. 

2,000 

Diftby 

Digby 

T.  C.  Shreve 

2,200 

Guysborough 

Guysborough 

R.  A.  Tremain. 

1,000 

Halifax 

Halifax 

John  Y.  Payzant. 

50,000 

Kentville 

Kings 

W.  Barclay. 

2,000 

Liverpool 

Queens 

T.  Moore. 

3,200 

Lunenburgh 

Lunenburgh 

Geo.  A.  Ross. 

2.500 

New  Glascow 

Pictou 

Fraser  &  Jennison. 

3,500 

North  Sydney 

Cape  Breton 

B.  Archibald. 

2,500 

Parrsboro 

Cumberland 

C.  S.  MUIR,  '69. 

— 

Pictou 

Pictou 

C.  D.  McDonald. 

4,500 

Sydney 

Cape  Breton 

E.  T.  Moseley. 

2,000 

Thuro 

Colchester 

P.  Longworth. 

4,000 

Windsor 

Hants 

Wm.  Curry. 

3,300 

Wolfville 

Kings 

E.  S.  Crowley. 

1,000 

Yarmouth 

Yarmouth 

H.  A.  Grantham. 

Calgary 
Regina 


NORTH  WEST  TERRITORIES. 

NAME  OF  BANK. 

JOHN  C.  F.  BOWN. 

*SCOTT,  '67  (D.  L.)  &  *HAMILTON,  '81  (W.  C.) 


1,500 
1,200 


ONTARIO. 

PLACE. 

COUNTY. 

NAMES  OF  ATTOKNEYS. 

populat'n. 

Alexandria 

Glengarry 

M.  Monro. 

1,310 

Alliston 

Simcoe 

Howard  &  Fisher. 

1,800 

Almonte 

Lanark 

Jameson  &  Greig. 

3,000 

Amherstburgh 

Essex 

W.  M.  Reede. 

2,400 

Arnprior 

Renfew 

R.  Dulmage. 

2,500 

Arthur 

Wellington 

M.  M.  McMartin. 

1,257 

Aurora 

York 

C.  C.  Robinson. 

1,500 

Aylmer 

Elgin 

Crawford  &  Haines. 

2,000 

Barrie 

Simcoe 

Lount,  Strathy  &  Lount. 

5,000 

Berlin 

Waterloo 

Bowlby  &  Clement. 

6,000 

Blenheim 

Kent 

R.  A.  McDonald. 

2,300 

Bothwell 

Kent 

W.  R.  Hickey. 

1,500 

Bowmanville 

•  Durham 

R.  R.  Loscombe. 

5,000 

Bracebridge 

Ontario 

Browning  &  Palmer. 

1,500 

Brampton 

Peel 

Morphy  &  Morphy, 

4.500 

Brantford 

Brant 

Daniel  Brooke. 

13,000 

Brockville 

Leeds 

Joseph  Deacon. 

8,000 

Brussells 

Huron 

Wade  &  Sinclair. 

1,500 

Canningtou 

Ontario 

A,  D.  Sinclair. 

1,200 

Carleton  Place 

Lanark 

Thos.  Greig. 

2,500 

Cayuga 

Ilaldimand 

C.  G.  Snider. 

1,200 

Chatham 

Kent 

\\C.J  O'Neill. 

I  Atkinson  &  Atkinson. 

9,000 

Clinton 

Huron 

H.  Hale. 

2,500 

Coburgh 

Northumberland 

J.  H.  Dumble. 

6,000 

CANADA. 


889 


ONTARIO— Coiitiiuu'd. 


PLACE, 

Cornwall 

Dresden 

Dundas 

Dunnville 

Durham 

Elora 

Essex 

Exeter 

Fergus 

Forest 

Gait 

Gananoque 

Georgetown 

Glencoe 

Goderich 

Guelph 

Hamilton 

Ilarriston 

Ingersoll 

Kincardine 

Kingston 
Leamington 
Lindsay 
Li  stow  ell 

London 

L'Original 

Lucau 

Markham 

Meaford 

Millbrook 

Milton 

Mitchell 

Morrisburgh 

Napanee 

New  Castle 

New  Hamburgh 

Norwood 

Oakville 

Orangeville 

Orillia 

Oshawa 

Ottawa 

Owen  Sound 

Paisley 

Palmerston 

Paris 

Park  Hill 

Pembi'oke 

Perth 

Peterborough 

Petrolea 

Pictou 


COUNTY. 

Stormont 

Kent 

Wentworth 

HaUlimand 

Grey 

Wellington 

Essex 

Huron 

Wellington 

Lambton 

Waterloo 

Leeds 

Hal  ton 

Middlesex 

Huron 

Wellington 

Wentworth 

Wellington 

Oxford 

Bruce 

Frontecac 

Essex 

Victoria 

Perth 

Middlesex 

Prescott 

Middlesex 

York 

Grey 

Durham 

Halton 

Perth 

Dundas 

Lenox 

Durham 

AV^aterloo 

Petersborough 

Halton 

Wellington 

Simcoe 

Ontario 

Carleton 

Grey 

Bruce 

Wellington 

lirant 

Middlesex 

Bcni'rew 

Lanark 

Peterborough 

Lambton 

I^rinco  Edward 


NAMES   OF    ATTORNEYS.     POPULA'N 

Leitcli  &  Pringle.  8,000 

Jas.  W.  Sharpe.  2.500 

Osier  &  Gwyn.  4,400 

J.  C.  Eccles.  2,000 

.1.  P.  Telford.  1,000 

Coftee,  Fie4d  &  Wissler.  I,;i87 

Clarke  &  Wisner.  1,700 

B.  V.  Elliott.  1,500 

Monro  &  3Iuir.  2,000 

W.  J.  Porte.  1,800 

Ball  &  Ball.  G,300 

W.  B.  Carroll.  3,000 

Geo.  S.  Goodville.  2,000 

Alex  Stuart.  1,800 

Ganow  &  Pnmdfoot.  5,000 

f  Gutltrie  &  Wdtt,  -^  ^.^ 

E.  F.  B.  .b.hnston.  ^^'^'^" 
*Mackelcan  (H.  A.)  & 

*Mewburn  (Sydney  C.)  42,000 
20  .Main  Street. 

A.  G.  Campbell.  1,773 

J.  C.  Hegler.  5,000 

W.  C.  Lascombe.  2,800 

Kirkpatiick  &  Rodgers.  15,000 

W.  T.  Easton.          '  1,700 

Martin  &  Hopkins.  0,000 

Darling  &  Mabee.  3,000 

\John  Taylor.  20,000 
Street  &  Belcher. 

O'Brian  &  O'Brian.  1,200 

W.  McDiarmid.  1.200 

A.  Mairs.  1,500 

Pollard  &,  Miller.  2,300 

Curry  &  Smith.  1,500 

John  Dewar.  1,500 

Dent  &  Hodcre.  3,000 

Frank  Tyrrell.  2,000 

W.  S.  W'illiams,  4;000 

Chas.  Wright.  1.500 

AVm.  :\[illar.  1.300 

T.  31.  Grover.  1,000 

Geo.  L.  Tizard.  2,000 

W.  L.  Walsh.  2,847 

S.  S.  Robinson.  3.200 

McGee  &  .Jones.  3,500 

Nellis  &  j\Ionk.  .,,.  /^,^/^ 

tJ.  W.  W.  Ward.  '^^''""^ 

H.  C.  Tucker,  7,000 

H.  Cowan.  2,0u0 

A.  M.  Clark.  1,828 

.L  McMillan.  3,000 

K.  Goodmou.  2,000 

W.  R.  Whiter  4,000 

F.A.HALL.  3,500 

F.  P>nriduuii.  7,000 
Geo.  liaillon.  5,000 
Phillip  Low.  3,000 


890 

CANADA. 

ONTARIO— Continued. 

PLACE. 

COUNTY. 

NAMES   OF  ATTORNEYS. 

popula'n. 

Port  Arthur 

Algona 

*J.  F.  C.  HALDARY. 

;;,ooo 

Port  Elgin 

Bruce 

Wm.  Burgess. 

2,000 

Port  Hope 

Durham 

David  Smart. 

0,000 

Port  Perry 

Ontario 

H.  L.  Ebbels. 

2,000 

Preseott 

Greenville 

M.  E.  O'Brien. 

a,  000 

Renfrew 

Renfrew 

J.  A.  McAndrews. 

2,500 

Ridge  town 

Kent 

N.  Mills. 

2,500 

St  Catharines 

Lincoln 

Miller,  Cox  &  Yale. 

10,000 

St  Thomas 

Elgin 

Horton  &  Yarwood. 

11,000 

Sarnia 

Lambton 

Lister  &  Cowan. 

5,500 

Seaforth 

Huron 

F.  Holmsted. 

4,000 

Shelburne 

Grey 

F.  H.  Thompson. 

1,200 

Simcoe 

Norfolk 

Tisdale  &  Robb. 

3,400 

Smith  Falls 

Lanark 

J.  A.  Lavelle. 

3,000 

Stayner 

Simcoe 

A.  C.  Macintyre. 

1.600 

Stratford 

Perth 

Idington  &  Palmer. 

10,000 

Strathrov 

Middlesex 

W.  P.  Laird. 

4,400 

Thorold " 

Welland 

L.  Lampman. 

2,800 

Tilsonburgh 

Oxford 

John  Caruthers. 

2,300 

Toronto. 

Yor 

k  County.                Population  100. 

,000. 

Coatsworth,  Hodgins  &  Campbell,  0  Toronto  Street. 

Coatsworth,  .Jr.  E.  L.  L.  B. 

*Hodgins,  Frank  E. 

Campbell,  Geo.  C. 
\  J.  A.  WilUnmHon. 
i"^'Hands  J.  Baldwin,  16  King  Street  East. 

See  Card  in  Appendix,  page  xxvii. 

Trenton  Hastings  D.  McLellan.  5,000 

Uxbridge  Ontario  McGellivay  &  Chappie.  2,000 

Walkerton  Bruce  Thos.  Dixon.  3,500 

Wallaceburgh  Kent  C.  B.  Jackson,  2,200 

Waterford  Norfolk  Lister  &  Cowan.  2,000 

Waterloo  Waterloo  Fred'k  Colquhon.  2,500 

Watford  Lambton  Lister  &  Cowan.  2,000 

Welland  Welland  W,  M.  GERMAN.  2,100 

Whitby  Ontario  J.  E.  Farwell.  2,800 

Windsor  Essex  Bell  &  Bartlett.  7,500 

Wingham  Huron  Meyer  &  Dickinson.  2,200 

Woodstock  Oxford  Ball  &  Ball.  7,500 


PLACE. 

Charlottetown 
Summerside 


PRINCE   EDWARD   ISLAND. 

COUNTY,       NAMES  OF  ATTORNEYS. 


Queens 
Prince 


Chas.  Binns. 
J.  H,  Bell. 


POPULA  N. 
13,000 

3,000 


PLACE. 

Arthabaskaville 

Beauhamois 

Bertheir 

Coaticook 

Cowansvillc 


QUEBEC. 

COUNTY.      NAMES  OF  ATTORNEYS.   POPULA'N. 


Arthabaska 

Beauharnois 

Bertheir 

Stanstead 

Missisqui 


E.  L.  Pacand. 
Thos.  Brcssoit. 
A.  Demers. 
W.  L.  Shurtleff. 
Baker  &  Martin. 


1,200 
1,900 
1,700 
4,000 
1,000 


i 


CANADA. 


891 


QUEBEC— Continued. 


PLACE. 

Dnuniuondville 

Hull 

JoUiette 

Knowlton 

La"  Chute 

L*  Assumption 

Lotbiniere 

Montreal. 


COUNTY. 

Drumniond 

Ottawa 

JoUiette 

Broome 

Argeuteuill 

Montcalm 

Lotbiniere 


NAMES   OF    ATTORNEYS.     POPULA'N. 


E.  J.  Hcmmini;. 
Thos.  Roche, 
Godin  &,  Dugas. 
G.  G.  Foster. 
Chas.  J.  Burrouo-lis. 
J.  E.  Fairbault. ' 
J.  L.  O.  Vidal 


Hochelaga  County. 


t  Crankshaw,  James,  132  St.  James  Street. 

Si'e  CarU  in  .{ppcndix,  pngc  xxvii. 

Lacoste,  Globensky,  Bisaillon,  Brosseau  &  Lajoie. 

Lacoste,  Hon.  A.  C.  11. 

Globensky,  B.  C.  R. 

Bissaillon,  F.  J.  C.  R. 

Brosseau,  T.  L.  L.  B. 

Lajoie,  H.  G.  B.  C.  L. 
McGibbon  &  Major,  157  St.  James  Street 

See  Card  in  Appendix,  page  xxviii. 
McGibbon,  R.  D.,'87. 
Major,  Alfred  B., '79. 


IMurray  Baj' 
l^icole't 

Quebec 

St.  Hyacinthe 

St  Joseph 

St  Scholastique 

Sherbrooke 

Stansed  Plain 

Sweetsburgh 

Three  Rivers 


Chalevoix 
Nicolet 

Quebec 

Hyacinthe 

Beauce 

Two  Mountains 

Sherbrooke 

Stansed 

Missisqui 

St  Maurici 


Louis  ,T.  Reopel. 

J.  B.  A.  Rousseau, 
r  Chas.  Langelier. 
[  f  Thos.  Moloney. 

Morison  &  Desmarais. 

E.  Bruncan. 

Provost  &  IVIathiew, 

Hall.  White  &  Gate. 

J.  B.  Brousseau. 

T.  AMYRAULD,  '78. 

J.  B.  L.  Hould. 


3,200 
10,000 
5,000 
1,000 
1.500 
2,600 
2,100 


Population  200,000. 


3,000 
3,000 

85,000 

6.500 
1,000 
1,000 
8,000 
1,000 

10,000 


892 


FOREIGN  ATTORNEYS. 


FOREIGN   ATTORNEYS. 


AUSTRALIA. 


TOWN.  COUNTY.  NAME. 

Sydney.  New  South  Wales.  Russell  Jones  Bros, 


London. 


ENGLAND. 


Albert  Van  Wagner, 

Lamb  Building  Temple  E.  C. 


Paris. 


FRANCE. 


Leopold  Goirand, 

i6  Flace  Vandome. 


EUROPE. 

DR.    JUR.    MAX   FAST,   Counsel  for  German  Law, 

;^;^  Pine  Street,  New  York  City,  N.  V. 


All  claims  for  Continental  Europe  may  be  sent  to  the  above 
counselor  who  has  the  facilities  for  transacting  all  business  in  that 
country. 


APPENDIX. 


D.  H.  SHOWERS,  ESTABLISHED,  1875.  WM.  L.  SHOWERS, 

Patent  Solicitor.  Attorney  at  Law 

THE  NATIONAL 

Law  and   Cc>llection   Association, 

Was  Established  for  Collecting  Doubtful  Debts  and  protect  i lim- 
its Members  against  incurring  Losses. 

D.  H.  SHOWERS  &  CO. 

General  Managers, 
N.   K.  Coi'-   Fifth  and  Walnut  Streets,   Pliilatlclphia. 

— AND — 

99   Nassau  Strcet,   New  York,   N.  Y. 
HALBERT  &  MILLARD,  MANAGERS. 

For  New  York  lieferenecs^  see  card  in  Appendix,  pcu/e  xvi. 

ALSO    PROPKliaORS    OI' 

Showers*  [egal  Directory  and  (Qerchants'  Ouide* 

PATENTS    SOLICITED, 

COJJ.ECTIOKS  MADE    AND  CAUSKS    MTIOATKD    IN    \\A,    I'AllTS    OF    Till',   V.  oi;!,l). 

LOANS    XKGOTIATKD.       AND    LOCAl,    COIJ-KC'TIONS    .MADK    Tllltorcil    A 

COMPETENT    C01M\S   OV   SrECIAL    (TTV    COLLECTOKS. 


REFERENCES. 

W.  PI.  Walmsley  &  Co.,  Opticians,  lOJO  Clifstiiut -Street. 

Miistorw,  Detwiler&  t:o.,  Mamifacturers  of  Clothing,  i'M  Mai-ket  SI  reel, 
.J no.  F.  Met/.  &  Hon,  Brewers,  Crown  and  Willow  Streets. 

.ln<>.  Condon  <&Co.,  Merehant  Tailors,  SIO  CliestniU  Si  reel. 
( tliver  I'.raden  &  Co.,  Printers,  119  Sonth  Fourth  Street, 

Sniilli,  Foster  &  Co.,  (irocers,  222  North  Thiril  Street. 

Charles'  Frcednian,  shoe  .Nlanillacturer,  N.  W.  (Joi-.  Thh-d  ;iii(l  .\rch  Sis. 
Jlon.  .lames  I'olloek,  Kx.  (fov.  Pa.,  Phihidulphia,  I'a. 
r.aker  .Idlinson,  Attorney,  2.!2St.  Paul  St.,  Haltimore,  Md. 
Hon.  Wni.  H.  .Vrm.strong,  Williamsport,  I'a.    . 

.\.  I'.  Hoynton,  President  Clearfield  Co.  Nat.  P.aiik,  Clearfield,  l";i. 

JI.S.  .Morse,  President  East  Georgia  &  Florida  K.  11.,  r.rim-.wiik,  ( .':i. 
Geo.  F.  J,asher,  Steam  Power  Printer,  121;!  &  1215  Fillxi  I  Si.,  I'liila 
And  tliousan<ls  of  others  if  neecssar.v. 


APPENDIX. 


ALABAMA.— ARKANSAS. — CALIFORNIA. 


JOHN    VARY, 

Attorney  at  Law  and  Solicitor  in  Chancery, 

Room  I,  Alabama  Nat'l  Bank  Building, 

COLLECTIONS  PROMPTLY  MADE, 

Birmiugfliain,  Ala. 


JAMES  CO  BBS, 

ATTORNEY  AND  C0UNSP:L0R  AT  LAW, 
]>IOBII.H,   AI.A. 


T.   J.    OLIPHINT, 

(Compiled  the  Collections  of  Arkansas  for  this  Directory.) 

ATTORNEY   AT   LAW, 

Iflarr  Block, 

LITTLE  ROCK,  ARKANSAS, 

Author  of   Oliphint's  Digest  of   the  Supreme  Court  Reports.      Does  :i 
general  practice  in  all  the  Courts,  State  and  Federal. 

WM.    H.    H.    HART, 

Attorney  and  Counselor  at  Law, 

230  Moiitgoiiiery  Street, 

Rooms  23,  24  and  2o.  SAN   FRANCISCO,   r A  L 

TUE  KKAL    EST.VTK   ASSOC! ATKS'   ULILDING, 

Will  pnirtirc  in  (ill  the  State  find  Federal  Courts  of  the  Purific  C'uiisl. 


APPENDIX 


CALIFOUNIA.— AKIZONA. 


WICKLIFFE    MATTHEWS, 

Attoi'ney  at  Law  and  Commissioner    of    Deeds, 

405  KEARNY  STREET,  San  Francisco,  Cal. 


Taking  of  Depositions  a  specialty. 

Commissioner  of  Deeds  for  Alabama,  Arizona,  Arkansas,  Colo- 
rado, Connecticut,  Dakota,  Delaware,  Florida,  Georgia,  Idalio, 
Illinois,  Indiana,  Iowa,  Kansas,  Kentucky,  Louisiana,  Maine,  Mary- 
land, Massachusetts,  Michigan,  Minnesota,  Mississippi,  Missouri, 
Montana,  Nebraska,  Nevada,  New  Brunswick,  Newfoundland,  New 
Hampshire,  New  Jersey,  New  Mexico,  New  York,  North  Carolina, 
Ohio,  Oregon,  Pennsylvania,  Rhode  Island,  South  Carolina,  Tennes- 
see, Texas,  Utah,  Vermont,  Virginia,  Wisconsin  and  Wyoming. 


E.  M.  SANFORD, 

Attorney  at  Law,  Notary  Public, 

PRESCOTT,  ARIZONA. 

Makes  a  specialty  of  Mining  and  corporation  law. 
Refers  to  the  Banks  of  Prescott. 

F.  A.    BERLIN, 
ATTORNKV=A'r  =  LA\V, 

4J0  Montgomery  Street, 

SAN  FRANCISCO,  CAL. 


A 


APPENDIX. 


COLORADO. 


M.     K.     UKKOUI).  JOHN    II.    KKDDIN,  M.    VAN    IJLKKX, 

Notary  1*111)110.  Notary  Public. 


UFFORI),  REDDIN  &  VAN  BUREN, 

attorneys  &  Counselors  at  Law 

No,  15 1 8  Larimer  Street, 

DENVP:R,  COLORADO. 
Rooms  1,  2  and  3.  P.  O.  Box,  2(511.  Telephone  5.)7. 


r 


Practice  in  the  County,  Superior,  District  and  Supreme  Courts  of 
the  State  of  Colorado,  and  the  Circuit  and  Supreme  Courts  of  tlic 
United  States. 

Commissions  to  take  tlie  testimony  or  (h^positions  of  witnesses 
receive  prompt  and  carefuj  attention. 

Special  attention  given  to  INIining,  C'oitPORATiox  and  Co.m.mii:(  iai, 

T>AAV. 

Collection  Department. — This  department  is  in  cliaroe  of 
tlioroughly  ahle  and  competent  men,  under  our  direct  supervision. 
We  have  special  facilities  for  making  collections  in  the  Rocky  Moun- 
tain States  and  Territories,  and  have  reliable  legal  and  banking 
correspondents  in  all  parts  of  the  world. 

Invest:ments,  Etc. — The  property  and  interests  of  non-residents 
looked  after,  and  investmeats  made  in  first-class  real  estate  securities, 
bearing  8  to  12  per  cent,  interest  per  annum. 

RiiKEP.E.vcES — German  National  Bank,  the  Judges  of  all  the  Courts 
of  Record  at  Denver,  and  the  State  and  County  oflicers,  and  any  of  the 
several  hundred  wholesale  merchants  and  leading  firms  of  the  city. 


APPENDIX. 


CONNECTICUT— DAKOTA. 


stephen  terry,  a.  m., 
Counselor  at  Law, 

309  MAIN   STREET,    HARTFORD,   CONNECTICUT. 
P.  O.  Box  1003. 

"""  WILLIAM  A.  WRIGHT, 

Attorney  and  Counselor  at  Law, 

NOTARY  PUBLIC, 

And  Commissioner  in  Connecticut  to  take  acknowiedgments,  depositions, 

etc.,  for  tlie  States  and  Territories. 

Special  Attention  to  Collections  and  Commercial  Litigation. 

r53  Clirucli  St.,  New  Haven,  Conn. 

REFERENCES.— First  National  Hunk,  New  Haven  Savings  Bank  and  National 
Tradesman's  Bank,  New  Haven;  Bates,  Reed  &  Cooly.  and  J.  H.  Hubbell  &  Co.,  New 
York  (  ity;  J.  B.  Ellison  &  Sons  and  Morris  &  Lewis,  Pliila.;  Wilbur  Mercantile 
Agency,  Chicago;  Jewett  &  Sherman  Co.,  Milwaukee. 

T.  V.  BARNES, 

Cotanselor  at  Law, 

BISMARCK,  DAKOTA. 

Real  Estate,  Loans  and  Collections. 

Office  of  J.  H.  VAIL, 

Attorney  at  Law, 

NOTARY  PUBLIC. 


Real  Estate,  Loans,  Collections,   Final  Proofs. 

ALL  LITIGATION  BEFORE  THE  U.  S.  LAND  OFFICE  A  SPECIALTY. 


APPENDIX. 


DELAWAUE.  — WASHINGTON',  D.  C. 


W.  H.  WARD, 

Attorney  at  Law, 

WILMINGTON,  DEL. 


A.   K.  BROWNE, 

Attorney  and  Counselor  at  Law, 

AND 

Notary  Public, 

OFFICES,  456  LOUISIANA  AVENUE, 

Washtxgtox,  D.  C 

Practices  in  the  Courts  of  the  District  of  Columbia,  the  Court  of  Claims, 

the  Supreme  Court  of  the  U.  S.  and  before  the 

Govei-nment  Departments. 

CHARF.KS  S.  BUNDY, 
Nf).  4o8  Louisiana  A\e.,  (Opposite  City  Hall)  Washington',  D.  ('.. 

U.  S.  COMMISSIONER 

And   Commissioner  of  Deeds  of  all  the  States  and  Territories,  to  wit 

Alabama,  Arizona,  Arkansas,  California,  Colorado,  Connecticut,  Dakota.  Delaware,  Florida, 
(ifiorgia,  Idalio,  llUnois.  Indiana,  Iowa,  Kansas,  Kentucky,  Louisiana,  Maine.  Massacluisen>i, 
Michigan.  Minnesota,  Mississippi,  Missouri,  Montana.  Nebraska,  Nevada,  New  Hampshire.  Xcw 
Jersey,  New  .Mexico,  New  York,  North  Carolina,  Oliio,  Oregon,  Pennsylvania,  Rhode  Island, 
South  Carolina,  Tennessee,  Texas,  Utah,  Vermont,  Virginia,  Washington  Territory,  West  Vir- 
ginia, Wisconsin,  Wyoming,  Alaska. 

Acknowledgments,  .Vffidavits,  Depositions,  Deeds,  Mortgages,  Discharges,  Assignments,  Proofs 
of  Claims,  Powers  of  Attorney,  Corporation  and  Insurance  Statements  and  Returns,  Contracts, 
Leases,  etc.,  taken,  drawn,  and  certified,  according  to  the  law  of  any  State  or  Territory,  or  State 
Federal,  Canadian  or  luiropean  Courts.  All  papers  for  record  or  use  in  other  States  should  be' 
acknowledged  before  a  Commissioner  of  Deeds  in  this  District  before  being  sent. 

JOHN  C.  STARKWEATHER. 
(From^  Wisconsin,) 

Attorney  at   Law, 

WASHINGTON,  D.  C, 

Practices  in  all  Courts  of  the  District.    Prosecutes  Claims  of  all  descrip- 
tions against  the  Uiuted  States. 

Pensions,   Bounties,   Patents,  Correction   of  llecords  aud  Claims  to  be 
prosecuted  before  Congress  promptly  att-ended  to. 


APPENDIX. 


FLORIDA — GEORGIA — ILLINOIS. 


JOHN   M.   CHENEY.  ARTHUR    F.   ODLIN. 

CHENEY   &   ODLIN, 

COUNSELORS  AT  LAW, 

Orlando,  Orange  County,  Florida. 


SPECIALTIES. — Real  Estate  Law,  L^oans  and  Mortgages. 

Office  with 
ALEX.  ST.  CLAIR-ABRAMS.  LOCK   liOX,  441. 


JAMES  L.  ANDERSON, 
Attorney  and  Counselor  at  L^w, 

MACOI^,  GA. 

Refers  without  permission  to  First  National  Bank,  Macon,  Ga. 
Merchant's  National  Bank,  Macon,  Ga. 


FRANK  J.  CRAWFORD, 

Attorney  and  Counselor  at  Law, 

180  CLARK  ST.,  Rooms  17  and  ig,  CHICAGO,  ILL. 

(NOTARY  PUBI^IC.) 


General  practice  in" State  and  Federal  Courts.    Collections  and 
Depositions  promptly  attended  to. 


GEORGE  C.    FRY.  JAMES   E.    BABB. 

FRY    &   BABB, 

Attorneys  and  Co^^^selors  at  L^w. 

Fry  Building,  84.  La  Salle  Street, 

CHICAGO,  II^Iv. 


APPENDIX. 


CHICAGO. 


Commissioner  Hoyne's  Okfice. 


ESTAIiLISHED    I>J     IS55 


PHILIP  A.   HOYNE, 

ATTORNEY  AT  LAW, 
UNITED  STATES  COMMISSIONER, 

COMMISSIONED  IN  1855. 

Commissioner  for  the  U.  S.  Court  of  Claims, 

NOTARY  PUBLIC, 

— AND — 

Commissioner  of  Deeds, 

FOR  ALL  THE  STATES  AND  TERRITORIES, 


Alabama, 

Alaska, 

Arizona, 

Arkansas, 

Califorjiia, 

Colorado, 

Columbia, 

Connecticut, 

Dakota, 

Delaware, 

Florida. 

Georgia, 

Provinces  of  Onta 


Idaho, 

Illinois, 

Indiana, 

Iowa, 

Kansas, 

Ken  tuck  3% 

Louisiana, 

JNIass'achusetts, 

JNIaryland, 

^lichigan, 

Mississippi, 

INIissouri, 

rio.  Nova  Scotia, 


Maine, 
Minnesota, 
Montana, 
New  York, 
New  Jersej^ 
New  Hampshire; 
North  Carolina, 
Nebraska, 
New  Mexico, 
Nevada, 
Ohio, 
Oregon, 
New  Brunswick, 


Pennsylvania, 

Rhode  Island, 

South  Carolina, 

Tennessee, 

Texas, 
,  Utah. 

Vermont, 

Virginia, 

West  Virginia, 

Wisconsin, 

Washington, 

Wyoming, 
INIanitoba,  etc. 


Nos.  52  &  53  New  Governnient  Building,  Ttiird  Floor, 

(Take  Elevator  at  Adams  or  Jackson  Street  Entrance.) 

CHICAGO,  ILL. 

Dspositions  taken,  Daeds  certified.  Claims  proved  for  any  of  the  States 
and  Territories  iiameil  above. 

INSURANCE  COMPANIES,  EXAMINATIONS  AND  PROOFS  OF, 
A  SPECIALTY. 

N.  B. — Mr.  Iloyne  i^  the  oldest  established  Connnissioner  in  tlie  Northwest,  hav- 
ing been  engaged  in  the  business  thirfi/-threG  years  and  over  as  a  specialty. 

Rekkrknces. — The  Clerks  and  Commissioners  of  the  U.  S.  Courts  tiiroughout  the 
United  States. 

ALL  TELEPHONES. 


APPENDIX, 


ILLINOIS. 


SIMEON  W.  KING, 

ATTORNEY  AT  LA^AT, 

NOTARY  PUBLIC,  UNITED  STATES  COURT  COMMISSIONER. 

(Jurisdiction  in  Civil  and  Criminal  matters.) 

Commissioner  for  the  U.  S.  Court  of  Claims,  and  the  only 

Commissioner  of  Deeds 

In  Chicago,  having  a  separate  Official  Seal,  as  required  by  law,  for  all  the  States  and 

Territories,  to  wit : 

Alabama,  Alaska,  Arizona,  Arkansas,  California.  Colorado,  Connecticut,  Dakota.  Delaware 
District  of  Columbia,  Florida,  Georgia,  Idaho,  Illinois,  Indiana,  Iowa,  Kansas,  Kentucky,  Louisiana, 
Massachusetts,  Maryland,  Michigan,  Mississippi,  Missouri,  Maine,  IMinnesota,  Montana,  New 
York,  New  Jersey,  New  Hampshire,  North  Carolina,  Nebraska.  New  Mexico,  Nevada,  Ohio 
Oregon,  Pennsylvania,  Rhode  Island,  South  Carolina,  Tennessee,  Texas,  Utah,  Vermont,  Virginia- 
West  Virginia,  Wisconsin,  Washington,  Wyoming. 

Also  Commissioner  to  take  Affidavits,  etc.,  for  the  British  Provinces. 

MR.  KING  gives  special  attention  to  drawing  LEGAL  INSTRU.MENTS  according  to  the  law 
where  used  or  recorded  ;  to  takini;  and  certifying  ACKNOWLEDGMENTS  and  PROOFS  OF 
THE  EXECUTION  OF  DEEDS,  etc.,  for  any  State,  Territory  or  Foreign  Country,  DEPOSI- 
TIONS. AFFIDAVITS,  etc.,  taken,  to  be  used  in  any  State,  Federal,  Territorial  or  Foreign  Court. 
PASSPORTS  OBTAINED  on  short  notice.  Annual  Insurance  Statements  sworn  and  certified  to. 
Collections  and  business  promptly  attended  to.  Acknowledgments,  Affidavits  and  Depositions  a 
specialty. 

MS-  LEGAL  BLANKS  OF  EACH  STATE  AND  TERRITORY  KEPT  ON  HAND, 
The  only  place  in  the  city  where  they  can  be  found. 

OFFICE,  612  FIRST  NATIONAL  BANK  BUILDING,  164  DEARBORN  ST. 

CHICAGO,   ILLINOIS. 


CHICAGO  AND  COOK  COUNTY  COLLECTION  AGENCY. 

(INCORPORATED.) 

C0LLBJGTI0N8  IN  CHICAGO  AND  COOK  COUNTY  ONLY. 

This  Agency  has  a  Private  Index  to  the  Real  Estate  Records  of  Cook 
County  from  which  the  Real  Estate  responsibility  of  Debtors  will  be 
investigated  and  a  report  promptly  made  on  eveiy  claim  received. 

Every  facility  for  making  and  securing  claims  in  Cook  County. 
L.  a.  STEVENS,  MANAGER.  ROBERT  L.  LYONS,  Attorney. 

172    r,A  SAI^I^B    SXR-EET,    CHICAGO. 

F.  C.  RUSSELL, 

Counselor  at  Law, 

KJo.  ISO   W^KST   ]»IADlSO?H   ST., 

CHICAGO,  ILL. 
NOTABY  PUBLIC,        COLLECTIONS. 


APPENDIX. 


INDIANA — IOWA — KANSAS. 


CHARLES  L.  WEDDING. 
Attorney  and  Counselor  at  Law, 

321   I'pper  Third  St.,        -        -        Evansville,  Incl. 

Will  practice  in   State  and  Federal  Courts.      References,  by  permission  : 

Bamberger,  Bloom  &  Co.,  Louisville,  Ky.  I  Stix,  Krouse  &  Co.,  Cincinnati,  Ohio. 
H.  B.  ClaHin  &  Co.,  New  York.  Old  National  Bank,  Evansville,  Ind. 


J.  S.  LOTHROP, 
Attorney  -  at  -  Law, 

320  Pourttt  Street,  -  -  Sioux  City,  Iowa. 

With  twenty-two  years  of  experience  in  the  practice  of  my  profession  in  many  of 
the  States,  and  in  the  Circuit  and  Supreme  Courts  of  the  United  States,  I  am  prepared 
to  take  charge  of  any  business  that  may  be  entrusted  to  my  care.  Special  attention 
given  to  the  practice  in  the  State,  F'ederal  and  Territorial  Courts  of  Iowa,  Nebraska, 
Minnesota  and  Dakota,  and  to  collections  in  all  the  Northwest. 

REFERENCES. 

Hon.  C.  H.  Lewis,  Judge  District  Court,  Sioux  City,  Iowa. 

Hon.  Geo.  W.  Wakefield,  Judge  District  Court,  Sioux  City,  Iowa. 

Hon.  J.  C.  Crawford,  Judge  District  Court,  West  Point,  Nebraska. 

Hon.  B.  Tiffiny,  Judge  Cistrict  Court,  Albion,  Nebraska. 

Hon.  I.  S.  .Struble,  Member  of  Congress,  LeMars,  Iowa. 

First  National  Bank,  Sioux  City,  Iowa. 

Weare  &  Allison,  Rankers,  Sioux  City,  Iowa. 

John  Hornick,  President  Hornick  Drug  Co.,  Sioux  City,  Iowa. 
And  to  IIis  Clients  Generally. 


C.  M.  WELCH.  R.  B.  WELCH. 

WELCH  &  WELCH, 

Attorneys  -  at  -  Law, 

517  KANSAS  AVENUE,       ....        TOPEKA,  KANSAS. 
COMMERCIAL  AND  REAL  ESTATE  LAW. 


X  APPENDIX. 


KENTUCKY— LOUISIANA— MAIXE— SOUTH   CAIIOLINA. 


HORATIO  S.  BRIGHT, 
A.ttorney  and  Co^'^selor  at  Law, 

Room  17,  Keiiyon  Building-, 

216  Fifth  Street,  LOUISVILLE,  KY. 

E.  T.  Merrick,  E.  T.  Merrick,  Jr. 

MERRICK  &  MERRICK, 

Counselors  and  Attorneys  at  Law, 

29  Carondelet  Street,  New  Orleans. 

Prompt  attention  given  to  collections. 
S.  C.  Strout.  H.  W.  Gage.  F.  S.  Strout. 

STROUT,  GAGE  &  STROUT, 

ATTORNEYS  AND  COUNSELORS  AT  LAW,     . 

Cumberland  Bank  Building. 
No.  52  Exchange  Street,  Portland,  Me. 

J.  R  LANIER, 

ATTORN KV   AT   LAW, 

Prompt  attention  given  to  all  business  in  adjoining  towns  and  places. 


APPENDIX. 


MASSACHUSETTS— MICHIGAN. 


WILLI. AM  Ci.  WAITT, 

ATTORNEY  AND  COUNSELOR  AT  LAW. 

BoAVJJOiN    Building, 
31  Milk  Street,  Room  16,       -       •       Boston,  llas.s. 

PUBLIC  ADMINISTRATOR. 


CHARLES  HALL  ADAMS, 

Notary  Public,  Comniisssloiicr  ofU.  S.  Court  of  Claims,  and  Commissioner  of  Deeds 

for  all  the  states,  Territories  and  British  I'rovinees,  to  wit  : 
Alahania,  (ieorsia,  Maryland,  New  .lersey,         Tennessee, 

Arizona,  Idaho,  Michi-^an.  New  ^Mexico,        Texas, 

.\rkansas,  Illinois.  Minnesoia.  New  York,  Utah, 

California,  Indiana.  Mississippi,  North  Carolina,  Vermont. 

Colorado,  Iowa.  Missouri,  Ohio.  Virginia. 

Connecticut,  Kansas.  Montana,  <»re°:on,  ^\■ash^n<J;ton. 

Dakota,  Kentucky,  Nebraska.  Pennsylvania,    AVest  Vir^'inia, 

Delaware.  I,ouisiana,  Nevada,  Rhode  Island,     ^Visconsin, 

I'lorida,  Maine,  NewHampshire,  South  Carolina.  Wyomin.u', 

British  Columbia,  Manitoba.  New  Brunswick. 

Newfoundland.  Nova  Scotia.  Prince  Edward  Island,  etc. 

Kmpire  of  India  and  Australian  Colonies. 
SPECIAL  ATTENTION  GIVEN  TO  TAKING  DEPOSITIONS. 

.5  COURT  ST..  Cor.  WASHINGTON,  BOSTON,  MASS. 

HKRBERT  BOW'EN.    SAMUEL  T.  DOUGLAS  (2d).    FREDERICK  ^V .  WHITING 

Ex-Judge  S.  T.  DOUGLAS,  Counsel. 

BOVVEN,  DOUGLAS  &  WHITING, 

ATTORNEYS  AND  COUNSELORS, 

80  Gris-wold  Street,  Detroit,  Mich. 

We  Refer  to 

Mechanics'  Bank,  Detroit ;  Merchants'  Bank  of  Canada  ;  H.  C.  Hart 
Mnfg.  Co.,  Detroit;  H.  D.  Edwards  &  Co.,  Detroit;  H.  B.  Chitlin  &  Co., 
N.  Y.;  E.  S.  Jaffray  &  Co.,  N.  Y.;  Fidelity  &  Casualty  Co.,  N.  Y.;  J. 
H.  Hubbell  &  Co.,  N.  Y.;  Sharp  &  AUeman,  Philadelphia  ;  R.  H.  White 
Oc  Co.,  Boston.:  Wheeler,  Conant  »fc  Blodgett,  Boston  ;  James  W.  Tufts, 
Boston;  Peninsular  Stove  Co.,  Detroit;  Lake  Superior  Trau.'iit,  Co., 
Detroit. 


xii  APPENDIX. 


MINNESOTA— MISSISSIPPI— MISSOURI. 


FRANK    E.  CHIPMAN, 
Attorney-at-Law,  Notary  Public, 

62  National  German-American  Bank   Building, 
Cor.  4tli  &  Roberts  Sts.,  St.  Paul,  Minn. 

Manager  Minnesota  Branch  Office  of  the  National  Law  and  Collection  Association. 

DEPOSITIONS  TAKEN.    DEEDS  ACKNOWLEDGED.    NOTES  PROTESTED. 

REFERENCES— Hon.  A.  R.  McGill,  Governor,  St.  Paul;  Jiio.  P.  Jacobson,  General  Agent 
Connecticut  Mutual  Life  Insurance  Co.,  St.  Paul;  The  John  W.  Ealy  Co.,  94  LaSalle  St.,  Chi- 
cago; M.  D.  Talcott,  Manager  National  Furniture  Association,  150  Dearborn  St.,  Chicago;  .Law- 
rence &  Brockway,  Managers  American  Boot  and  Shoe  Reporting  Co.,  147  Summer  St  ,  Boston; 
Gsrmania  Bank  of  St.  Paul,  and  West  Side  Bank  of  St.  Paul. 

S.  M.  SHELTON.  T.  E.  CRUTCHEK. 

SHELTON  &  CRUTCH ER, 

Attorneys  -  at  -  Law, 

VICKSBURG,  MISS. 

Will  practice  in  Warren  and  adjoining  Counties,  and  in  the  Federal 
Courts. 

HENRY  H.  CRAIG, 
Attorney  -  at  -  Law, 

518  Delaware  St.,       -       -     Rooms  i,  2,  3.  4  and  5. 

KANSAS   CITY,   MISSOURI. 

References  (Without  Permission).— The  various  offices  of  the  Bradstreet  Co.  Kansas 
City:  William  B.  Grimes,  dry  goods,  Ryley,  Wilson  &  Co.,  wholesale  grocers;  Askew  Bro.s  , 
wholesale  saddlers,  etc.;  Meyer  Bros.  Drug  Co.,  wholesale  drugs;  J.  A.  Bachman  &  Bro.,  wholesale 
cigars-  B.  Liebstadlers  &  Co  ,  wholesale  millinery;  Hall  &  Willis  Hardware  Co.,  wholesale  hard- 
ware- Patterson,  Thomas  &  Co.,  wholesale  boots  and  shoes;  Williams  &  Marks,  wholesale  liquors; 
T.  M.  James  &  Sons,  wholesale  crockery,  etc.;  Corle  Cracker  and  Confectionery  Co.,  candies,  etc.; 
Armour  Bro.'s  Banking  Co.;  Kansas  City  Savings  Bank. 


CLIFFORD  B.  ALLEN, 

Attorney  and  Counselor  at  Law, 

S.  W.  Corner  Fourth  and  Market  Streets,  Rooms  303  and  304, 

ST.  LOUIS,  MISSOURI. 

Special  attention  to  Collections,  Commercial  and  Corporation  liaw. 


APPENDIX. 


MISSOURI — XEIJRASKA. 


PAUL   F.   COSTE, 

ATTORNEY  AT  LAW, 

Notary  I'uhlic. 

509  Olive  Street,  St.  Louis,  Mo. 
Practices  in  ^>tatc  uiid  Federal  (,'uurts. 

Specialties:   Coinmercial  and  Corporation  Law 

JX-posUhnts,  Protests,  and  all  Notarial  business  Cor  re  ft  ly  and  promptly  executed. 

Refers  to  Bank  of  Commerce,  Franklin  Bank,  and  International  Bank,  St.  Louis. 


Commercial  Law.  Notary  in  Okkice. 

JOHN   M.    MACFARLAND, 
ATTORNEY  AT   LAW, 

Reference; — First  National  Bank. 

Rooms  3  and  4,  First  National  Bank  Building. 

COIvUMBUS,  IVHBRASKA. 


STEPHEN  L.   GEISTHARDT, 

ATTORNEY  AT  LAW, 

14  Academy  of  Music, 

LINCOLN,  NEBRASKA. 

Collection.s  receive  prompt  and  personal  attention. 


REFERENCES. 
LrNCOi.N  :— First  Nat.  Bank  ;  Capital  Nat.  Bank  ;  Mason,  (irogg  &  Bros. 
("HicAtiO  :— Jliincoln  National  Bank;  II.  (>.  Stone  &  Co. 

Xkw  York  :— H.  \'.  White  &  Co. ;   Becchcr  &  I?cncdii-t 


HAMILTON    &   TREVITT, 
ATTORNEYS  AT  LAW, 

LINCOLN,  NEB. 
P.  O.  BOX.  olii. 


APPENDIX. 


NEVADA— NEW    HAMPSHIRE— NEAV   MEXICO — NEW   JERSEY. 

J.  W.  WHITCHER, 

ATTORNEY  AT    LAW 

And  U.  8.  Commissioner  of  the  U.  S.  Circuit  Court  at 
VIRGINIA  CITY,  NEVADA, 
l*ractices  in  all  the  Courts  of  Nevada.     Special  attention  paid  to  Cali- 
fornia Collections. 


REFERS,  BY  PERMISSION,  TO 

CulliuK,  I'icchini;  &  Co.;  Brittan,  Holbrook  &  Co.;   A.  ;\[au  &  Co.;    Martin,  Koii.sier  & 

iSteilani ;   CalU'ornia  (Jliemical  Paint  Co.;  Philips,  Tal)or  A  Co.;  Wilniei'cliiig, 

KellofiK  &  Co.;   Mc(!ain,  P"'lood  &  MfClure;  Michelsscn,  Brown  &  Co.; 

Wenzel,  Rothschild  &  Ehrenpfort;  T.  J.  Chadbourne;  C.  James 

King,  of  Will.  &  C;o.;  Kohler,  Chase  &  Co. 


GEORGIA  M.  FLETCHER, 

ATTORNEY  AT   LAW, 
CONCORD,  N.  H. 


Special  Attention  Given  to  Inquiries  Coneerning  New  Mexico  to  Parties  Wishing 

Homes,  Health,  8tock,  Ranches,  JNIines  or  Fruit  Farms. 

Correspondence  for  Newspapers. 


OFFICE    OF 

W.  B.  SLOAN, 
Commissioner  at  Large  for  New  Mexico, 

SANTA  FE,  NEW  MEXICO. 

Attorney  at  Law,  Notary  Public,  United  States  Commissioner,  Land 

and  Mining  Agent,  General  Agent  for  the  Guarantee 

Mutual  Accident  Association  of  New  Yorl?. 

Late  Commissioner  for  New  Mexico  to  Denver  Exposition  18S2;  Denver  Exposition 
188;};  World's  Exposition  1884;  Superintendent  of  8emi-Deeennial  Census  188.5;  Com- 
missioner to  North,  Central  and  South  American  Exposition  18S5-(j;  Commissioner  to 
American  Exposition  ,  London  1887. 


FRANK   P.  McDERMOTT, 
Attorney  and.  Couinselor  at  La^v, 

FREEHOLD,  NEW  JERSEY. 

INlaster,  Examiner  and  Special  Master  in  Chancery,  Supreme  Court 
Commissioner,  Commissioner  for  New  York. 

^-  SPECIAL   ATTENTION   GIVEN  TO  EqUITY  PRACTICE,  "'m 


APPENDIX. 


NEW  JERSEY — NORTH  CAROLINA — ILLINOIS — NEW  YORK. 

SYMMES  B.  HUTCHINSON, 

COUNSELOR  AT  LAW, 

152  East  State  Street, 
TRENTON,  N.  J. 


Solicitor  and  Counsel  for  Mercer  County. 


Railroad,  Insurance,  Corporation  and  Commercial  Law. 
LAW  OFFICE  OF 

JOHN  W.  HINSDALE, 

Citizens'  National  Bank  Building, 

RALEIGH,  NORTH  CAROLINA. 

References  :  Little,  Brown  &  Co.,  Boston ;  Hon.  J.  F.  Dillon,  H.  B.  Clafflin  & 
Co.,  Thurber,  Wyland  &  Co.,  New  York;  Rochester  German  Insurance  Co.,  Roches- 
ter, N.  Y. ;  Penn  Mutual  Life  Insurance  Co,  Philadelphia;  John  M.  Robinson, 
President  of  Baltimore  Steam  Packett  Co.,  Seaboard  &  Roanoke  R.  R.  Co.,  Raleigh 
&  Gaston  R.  R.  Co.,  Baltimore;  Va.  F.  &  M.  Ins.  Co..  Richmond,  Va. ;  W.  N. 
Kawks,  Atlanta,  Ga. ;  Home  Insurance  Co.,  Columbus,  Ga. ;  N,  C.  Home  Insur- 
ance Co.,  Raleigh ;  The  Banks  of  Raleigh  and  Fayetteville,  N.  C. 

GEO.    M.    BLAKE, 
Attorney  at  Law  and  Notary  Public, 

ROCKFORD,  II.I.I1VOIS. 

Special  attention  to  Equity,  Probate  and  Commercial  Law. 
EX.  CITY  ATTORNEY. 

Refer  to  any  Bank  in  Rocktord;  H.  B.  Ckiflin  &  Co.,  New  York;  W.  A.  Smith, 
Kditor  Railw.iy  Review,  and  Sliornian  Bros.  &  Co.,  Cliicago;  Sliepard  &  Shepard, 
-Milwaulioe;  .Ino.  K.  \'an  Dt-rlips,  ^Minneapolis  ;  S.  (i.  Dorr,  BiitTalo;  Ct)rre.spondent 
for  Hubbcll's  Rand,  ^MeNally's,  Wernse's,  Grot't's,  Williamson's,  Paul's,  Osgoodley's 
Jones',  MeKillop,  Wallter  &  Co.'s,  and  other  Collection  Ageneics. 

Collections  and  Probate  Matters  a  Specialty. 

JOHN  A.  CLARRY, 

Attorney  and  Counselor  at    Law, 

26  Court  Street, 

BROOKLYIS,  ]V.  Y. 


References— National  City  Bank ;  American  Wall  Paper  Mills 


APPENDIX. 


NEW  YORK. 


N.  A,  HALBEKT.  WM.  E.  MILLARD. 

HALBERT  &  MILLARD, 

Counselors  at  La.v^, 

BEXNETT  BUILDING, 

99  Nassau  Street,   New  York. 

Managers  of  the  New  York  Branch  Office  of  the  National 
Law  and  Collection  Association. 
Practice  in  all  Courts.  Special  attention  to  Collections  and  Commercial 
Litif^ation.  Reliable  correspondents  j^ive  us  ample  facilities  for  the  collec- 
tion of  claims.  Personal  attention  yiven  to  the  settlement  of  claims  in  any 
part  of  the  State,  if  required.     Correspondence  as  to  terms,  &c.,  solicited. 

REFERENCES— Prof.  T.  W.  Dwight,  Columbia  Law  School,  New  York;  Boady  McLellan 
&  Co.,  Bankers,  57  Broadway,  New  York  ;  t^haso  Nat.  Bank,  15  Nassau  Street,  New  York  ;  John 
Thompson,  Vice-President,  15  Nassau  St.,  New  York  ;  Kirst  Nat.  Bank,  South  Norwalk,  Conn.; 
Thurber,  Whyland  &  Co  ,  Wholesale  Grocers,  N.  Y.;  Wm.  G.  Start  &  Co.,  Saildlery  Hardware, 
27  Warren  St.,  N.  Y.;  Cox  Sons.  Buckley  &  Co..  Ecclesiastical  Art  Furniture,  343  Fifth  Ave.,  N  Y.; 
Wm.  L.  Allison,  Publisher,  93  Chambers  St.,  N.  Y.;  Lemuel  S.  Valentine,  Man't'r  of  Frames  and 
Mouldings,  202  Worth  St.,  N.  Y  Roberts  &  Cook,  M'f'rs  Wrapping  Paper  and  Twine',  25  Park 
Place,  N,  Y.;  Wirth  Bros.  &  Lueckel.  Unger  &  Co.,  Art  Publishers,  N.  Y.;  Herbert  Booth,  King 
&  Brother,  General  Adver.  Agents,  202  Broadway,  N.  Y.;  Rogers  &  Sherwood,  Printers,  23  Barclay 
St.,  N.  Y.;  Cornelius  Sullivan,  M'fr  Hats,  34th  St.  and  Broadway,  N.  Y.;  Thomas  Hindley  & 
Son,  Plumbers,  Furnaces,  794  6th  Ave.,  N.  Y.;  Merchants'  Union  Credit  Co.,  Chicago,  111.,  &c.,  &c. 

NOTARY  PUBLIC. 

Depositious  Taken,  Deeds  Acknowledged,  Notes  Protested. 

CAJ?D. 

THEODORE  R.  SHEAR,  A.  M.,  L.  L.  B., 

Attorney  and  Couinselor  at  La^^v, 

29  WALL  and  3  BROAD  STREETS,  NEW  YORK. 

NOTARY  PUBLIC. — Deposititms,  Acknowledgments  and  Affidavits 
carefully  taken,  and  Notes  protested.  Prompt  attention  given  to  Collec- 
tions, Commercial  and  General  Litigation.  Real  Estate  and  Testamentary 
Laws  a  specialty.     References  furnished  when  required. 


HENRY  A.  DOOLITTLE, 

Attorney  and  Counselor  at  Law, 

No.  90  GENESEE  STREET,  UTICA,  N.  Y. 

Special  Attention  Given  to  Commercial  Collections  and  Litigation,  and  the 
Taking  of  Depositions. 

REFERENCES— A.  D.  Mather  &  Co.'s  Bank,  Utica  ;  E.  Searls,  Merchant,  Utica ;  D.  H. 
Houghtaling,  142  and  144  Front  Street,  New  York  ,  C.  C.  Kellogg,  Utica. 


APPENDIX.  'fvii 


NEW  MEXICO— OHIO. 


WILLIAM   BREEDEN, 

(Attorney  General  of  New  Mexico), 

ATTORNEY  AT  LAW, 

Santa  Fc,  Ne^'  Mexico. 


Will  practice  in  all  the  Courts  of  the  Territory.     Collections  a  specialty. 

Refers  to  the  Judges  and  Officers  of  the  Courts  ot  the  Territory,  and  the  Banks  and  h 
■  Santa  Fe.     Special  references  in  eastern  cities  given  if  desired. 

ATTORNEY  FOR  SECOND  NATIONAL  BANK,  SANTA  FE. 


C.  H.  BLACKBURN, 

ATTORNEY   AT   LAW, 

Rooms  7  and  9,  Bacon  Building, 
N.  W.  Cor.  SIXTH  AND  WALNUT  STREETS, 

CINCINNATI,  O. 
Will  Practice  in  State  and  Federal  Courts. 


ORRIS    P.  COBB, 

ATTORNEY  AT  LAW, 

S.  E.  Cor.  Ninth  and  Main  Streets, 

(over  sbcond  national  bank), 

CINCINNATI,  OHIO. 

Refeeenck:— Cashirr.';  Second  National  Fank,  Fourth  National  Bank  and  Atlas 
National  Bank,  Cincinnati,  Ohio;  First  National  Bank,  Aurora  National  Bank, 
and  Cobb's  Iron  and  Nail  Co.,  Aurora,  Ind. 

JSIy  rule  in  handling  collections  is  i)rompt  attention,  prompt  reports, 
prompt  remittance. 

J.  A.  DAVY, 

Attorney  at  Law, 

TROY,  OHIO. 

Special  attention  given  to  Collections  and  Commercial  Litigation. 

Refer,  by  permission,  to  D.  W.  Smith,  Cashier  First  National  Bank; 

"  Miami  County  Bank,"  Troy,  O. ;  C.  Spencer 

«fe  Co.,  Merchants,  Piqua,  Ohio. 


I 


APPENDIX. 


OKEGON— PENNSYLVANIA. 


STEWART  B.  LINTHICUM, 

ATTORNEY  AT  LAW, 

PORTLAND,  OREGON. 


ORLANDO  HARVEY, 

ATTORNEY  AT  LAW, 


CHESTER.  PA. 


Geo.  a.  Allen.  L.  Kosenzweig. 

ALLEN  &  ROSENZWEIG, 

ATTORNEYS  AT  LAW, 

8  SOUTH  PARK, 

ERIE,  PA, 

HARRY  C.  FLOOD, 
Attorney  at  Law  and  Notary  Public. 

No.  243  CHESTNUT  STREET, 

MEADVILLE,  PA. 

Special  attention  given  to  collection  of  claims. 


APPENDIX.  xix 


PENNSYLVANIA. 


FRANCIS  E.  BUCHER, 
36  South  Third  Street,  Philadelphia,  Pa. 


Prompt  and  careful  attention  given  to  all  business  entrusted  to  him. 


REFERS  TO 

Samuel  Bell  &  Sons,  Second  and  Buttonwood  Streets. 

Geo.  Lugert  &  Sons,  12th  and  Locust  Streets. 


BUZBY,  SHALLCROSS  &  PYLE, 

Attorneys  and  Co^^^selors  at  Law, 

627  Walnut  Street,  Philadelphia. 


Attorneys  in  Philadelphia  for  Williamson's  Mercantile  and  Collection 
Agency  of  New  York. 

ALEX  P.  COLESBERRY, 
FRANK  P.  SHATTUCK, 

ATTORNEYS  AND  COUNSELORS  AT  LAW. 

58  South  Third  Street,  Philadelphia,  Pa. 
NOTARY  PUBLIC. 


J.  WALTER  DOUGLASS, 
Patents  and  Patent  Causes. 

No.  914  WALNUT  STREET, 
PHILADELPHIA. 


APPENDIX. 


XX 

PENNSLYVANIA. 


EDWARD  H.  CLOUD, 

Attorney  at  Law 

and  Notary  Public, 

S.  U.  Cor.  Sixth  and  Walnut  Streets, 
PHILADELPHIA,   PA. 


COMMISSIONER  OF  DEEDS 

FOR 

Arkansas,  California,  Colorado,  Connecticut,  Delaware,  Florida, 

Georgia,  Illinois,  Indiana,  Iowa,  Kansas,  Louisiana,  Maine, 

Maryland,    Massachusetts,     Michigan,    Minnesota, 

Missouri,  Nebraska,  Nevada,  New  Hampshire, 

New   Jersey,     Ohio,     Oregon,    Rhode 

Island,  South  Carolina,  Vermont, 

West  Virgfinia.  Wisconsin. 


Jl^^"  Special  attention  given  to  Conveyancing,  the  Collection 
of  Income  and  Management  and  Settlement  of  Estates. 


APPENDIX.  xxi 


PENNSYLVANIA. 


JOHN  P.  HARLAN, 
Law,  Collection  and  Real  Estate  Offices. 

13  YEARS'  EXPERIENCK. 

No.  406  Library  Street,  Philadelphia. 
Personal  attention  given  to  the  collection  of   claims  in  this  city  and 
Stiite,  and  throuprhout  the  United  States. 

Referkniks  :— Messrs.  Neatie  &  Levy,  Ship  Builders,  136.5  Beach  St.,  Phihi. ;  West 
Philadelphia  Bank,  No.  .HCiS  Market  St.,  Pliila. ;  .John  E.  Fox  &  Co.  Bankers  and  P,ro- 
kers,  11  S.  Third  St.,  Phila. ;  A.  i\I.  Jlerkness  &  Son,  Auetioners,  Ninth  and  Suiisoin 
Sts,,  Phila,;  Wilmington  Malleable  Iron  (Jo,,  Wilmington,  Delaware;  Oakle.v  & 
Smith,  National  Bazaar,  lot)  E,  Tweut.v-lburth  St,.  N,  Y, ;  Brook  &  Pugh,  Grain  "and 
Klour  Commission  Merchants,  2116  Market  St.,  Pnila. :  Hieks  &  l>iekey,  Wholesale 
Dealers  in  Iron,  Steel  and  Nails,  113  Commeree  St.,  IMiila. ;  Eli  Kindig,".lr.,  Sale  and 
Exchange  Stables,  3917  and  o91!t  Market  St.,  Phila. ;  P.  F.  (iallagher,  Sales  Stables,  U 
S,  Thirty-ninth  St.,  Phila, ;  The  Frank  Pidgeon  Dredging  Co,,  New  York  Ottice,  60 
South  Street,  Bridgeport,  Conn,,  Offices,  325  Main  St, 

JOHM  F.  KEATOR, 

ATTORNEY  AND   COUNSELOR   AT  LAW, 

No.  241  South  Fifth  Street,  -  -  -  Philadelphia. 


Seventh  National  Bank,  \ 

Philadelphia,  November  22d,  i886,     j 

We  have  known  Jno.  F.  Keator,  Esq.,  somewhat  intimately  for  about  ten  years,  and  regard  him 
an  energetic,  capable,  and  thoroughly  reliable  Attorney.  Would  cheerfully  commit  to  him  the  cus- 
tody of  collections  to  any  amount  or  the  management  of  any  financial  affairs  for  which  we  might 
have  occasion  to  employ  an  Attorney.     Yours  very  truly,  L.   D.  BROWN,  President. 


William  L.  Showers, 

Attorney  and  Counselor  at  Law 

PATKNT    SOIvICITOR, 

N.  E.  Cor.  Fifth  and  Walnut  Streets, 

PHILADELPHIA,  PA. 


I 


Xxii  APPENDIX. 

PENNSLYVANIA. 


JOHN  BETHELL  UHLE, 
Attorney  and  Cou'^selor  at  Law, 

212  South  Third  Street,  Philadelphia,  Pa., 
Personal  attention  to  important  cases  in  any  Court  in  Pennsylvania. 

Refers  to  Kittanning  Coal  Co. ;  Moshannon  Land  and  Lumber  Co. ; 
The  Guarantee  Trust  and  S.  D.  Co.  ;  Sheble  &  Hill  (Wool  Merchants)  ; 
Lewis  Snyder  (Contractor). 

CHARLES  L.  HAWLEY, 

Attorney  at  Law^, 

402  LACKAWANNA  AVENUE, 
Scranton,  Pa. 


Thorough  attention  and  immediate  remittances  guaranteed. 
A  specialty  made  of  Collections  in  Lackawanna,  Luzerne,  Wayne,  Sus- 
quehanna and  Wyoming  Counties,  Pa. 


WILLIAM  M.  HAYES, 

Attorney  a.t  Law, 

WEST  CHESTER,  PA. 

JOSEPH  MOORE, 

Attorney  at  Law  and  Justice  of  the  Peace, 

Offices  at  10  N.  Franklin  St.,  Wilkes  Barre,  and  at  Miner's  Mills,  Pa. 


Collections  promptly  attended  to. 


APPENDIX.  xxiii 


PENNSYLVANIA — NEW   YOItK. 


D.  L.   O'NEILL, 
Attorney,  Counselor  at  Law  and  Notary  Public, 

Will  take  depositions,  make  collections,  and  attend  to  Professional 
Business  generally  throughout  the  coal  regions. 

Oflace,  106  Public  Square,   2d  Floor, 

WILKES-BARRE,  PA. 


Reference  : — Second  National  Bank  of  Wilkes-Barre. 

T.  CHALMERS  UMSTED, 

ATTORNEY  AT  LAW, 

Offices,  No.  9  South  Franklin  Street,  WILKES-BARRE, 

Luzerne  County,  Penna. 


Legal  writings  of  every  description  neatly  and  carefully  executed  at  sliort 
notice. 

It^  Careful  Reports  on  Business  Men  Furnished.  "^ 


COLLECTION  DEPARTMENT. 

Rents,   Protested  Notes,   Checks,   &c.,   and  all  other  claims  promptly 
collected. 


REFERENCES:— Hon.  Chas.  E.  Rice,  P.  .1  Wilkes-Barre,  Pa.;  Hon.  Stanley 
Woodward,  A.  L.  J.,  Wilkes-Barre,  Pa.;  Thos.  H.  Phillips,  .Supt.  Lehigli  aud  Wilkes- 
Barre  Coal  Co.;  Wilkes-Barre,  Pa.;  Ex-Att'y-Gen.  W.  H.  Palmer,  Wilkes-Barre,  Pa.; 
Fii'st  Nat.  Bank,  Bethlehem,  Pa.-  Linderraan  &  Skecr,  Coal  Operators,  Betiileheni, 
Pa.;  Murray  &  Griffith,  Trenton,  N.  J.;  Chas.  Smith's  Sons,  Brokers,  42  So.  3d  Street, 
Pliiladelpliia. 


JOHN  E.  SMITH.  CLARENCE  V,  KELLOGG.  EDWIN  M.  WELLS 

[Notary  Public. 

SMITH,   KELLOGG   &  WELLS, 
50,  51,  and  52  WIETING  BLOCK,  SYRACUSE,  N.  Y. 

AND  MORRISVILLE. 

REFERENCES :— E.  S.  Jaffra^  &  Co.,  Collins,  Downing  &  Co.,  and  Fruit  Dealers' 
League,  New  York-  Hallet  &  Davis  I'iano  MT r  Co.,  Stearns  &  Butler, and  Farnsworth 
&  Conant,  Boston,  Mass.;  Bank  of  Syracuse,  W.  S.  Peek  Bro.  &  Co.,  D.  McCarthy  & 
Sons,  Pierce,  Butler  &  Pierce  M'f  g  Co.,  and  G,  N.  Crouse  &  Co.,  Syracuse. 


xxiv  APPENDIX. 


RHODE  ISLAND — SOUTH  CAROLINA — TENNESSEE — TEXAS. 

HARRISON  A.  McKENNEY, 

Attorney  and  Counselor  at  Law, 

Board  of  Jrade  Building,  Providence,  R.  I. 


Practice  in  all  the  Courts,  both  State  and  Federal.    Prompt  attention 
given  to  collections,  commercial  and  general  litigation. 
Justice  of  the  Peace  and  Notary  I'ublic  in  my  office. 
References  when  desired. 


VUGUSTINE  T.  SMYTHE.  A.  MARKLEY  LEE. 

SMYTHE   &   LEE, 
ATTORNEYS  AND  COUNSELORS  AT  LAW, 

9(o.  7   Broad   Street, 

CHARLESTON,  S.  C. 
Compilers  of  Laws  of  South  Carolina  for  the  National  Law  and  Collection  Asso'n. 


Refers  to  James  Adger  &  Co.,  Pelzer,  Rodgers  &  Co.,  Coosaw  Mining  Co.,  First  National  Bank, 
Charleston  S.  C.  George  S.  Brown,  Baltimore.  Dunham,  Buckley  &  Co.,  340  Broadway,  N.  Y. 
Dale,  Reed  &  Cooley,  343  Broadway,  N.  Y.     Lane  &  Boodley  Manufacturing  Co.,  Cincinnati. 


CREED   F.  BATES, 

Attorney  and  Counselor, 

Office,  711  HAEHET  ST.,  Hooms,  1  and  2, 
CHATTANOOGA,  TBNN. 

CHAS.  H.  MAYFIELD, 

ATTORN KY  AT  IvAVs^, 

SAN   ANTONIO,  TEXAS. 

Will  practice  in  all  the  Courts.    Commercial  Law  and  Land  Litigation 

a  specialty. 

References  :— John  Twohlg,  Banker,  O'Conner  &  Sullivan,  Bankers,  Reidel  &  Tips, 
Hardware,  Ramsey  &  Ford,  Baddlery,  San  Antonio,  Texas,  and  Bradstreet's  Com- 
mercial Agency. 


APPENDIX.  XXV 

UTAH — VIRGINIA. 


THEODORE  BRUMSTER,  Manager.  E.  H.  KAHLER,  Secretary. 

Established  in   1884. 


AMERICAN   COLLECTING   AGENCY   OF   UTAH, 
Rooms  2,  3  &  4,  168  Main  Street,  Salt  Lake  City,  Utah. 

Practice  in  all  the  courts  of  the  Territory,  take  depositions,  make  the  collection  of 
past  due  claims  a  special  feature  in  their  business. 

Old,  stale,  doubtful  and  desperate  claims,  that  can  only  be  made  by  extraordin- 
ary exertions,  a  specialty;  and  in  tlie  absence  of  an  agreement,  fifty  per  cent,  of  tlie 
amount  collected  will  be  charged  on  all  such  claims,  though  a  special  rate  may  be 
agreed  on.  Are  acquainted  in  all  parts  of  the  Territory,  and  readj'  to  go  to  anj'  point 
on  collections  at  a  reasonable  charge. 

Refer  to:  Desert  National  Bank;  McCormick  <t-  Co.,  Bankers  ;  Union  Nation  a 
Bank;  Joslin  &  Park,  Jewelers ;  (irant,  Odell  &  Co., Wagon  and  Implement  Dealers, 
Salt  Lake  City  ;  U.  S.  Law  Association,  New  York. 


A.  B.  GUIGON, 
Attorney  and.  CotJ.nselor  at  Law. 

911  East  Main  St.,  Richmond, ,Va. 
NOTARY   PUBLIC. 

WM.   H.   SANDS.  GEORGE  BRYAN. 

SANDS  &  BRYAN, 

ATTORNEYS  AT  LAW, 

Goddin  Hall,  Cor,  Eleventh  and  Bank  Streets, 
RICHMOND,  VA. 

W.  W.  CAMPBELL, 

Attorney  at  Law  and  Notary  Public. 

Careful  attention  given  to  Collections,  and  prompt  remittances 
made.  Depositions,  affidavits,  and  acknowledgments  taken  when  de- 
sired. 

Address  Farmington  or  Fairmount, 

Marion  Co,  West  Va. 


xxvi  APPENDIX. 


WEST   VIRGINIA— WISCONSIN. 


M.  H.  DENT, 

Attorney  at  Law, 

Main  Street,  Grafton,  W.  Va. 


W.  E.  KEELEY, 
ATTORNKY   AT   IvA.W, 

REAL  ESTATE  AND  COLLECTION  AGENT. 

COLLECTIONS  A  SPECIALTY. 
Will  practice  in  all  Courts  of  this  State, 

Beaver  Dam,  Dodge  Co.,  Wisconsin. 

A.  G.  WEISSERT,     , 

Attorney  and  Counselor  at  Law 

Offices^  6  and  j :  No.  loy   Wisconsin  Street, 

MII^^WAUKKB,  IfVISCOIVSIN. 


Practices  in  State  and  Federal  Courts. 

Prompt  attention  given  to  Collections  and   Commercial  Litigation 

throughout  Wisconsin. 


rbfbr£:kcbs. 


National  Exchange  Bank,  Milwaukee,  Wis. ;  Hon.  Wm.  P.  Lyon,  Justice 
Suprenie  Court,  Madison,  Wis. ;  Tweedy  Bros  ,  Bankers,  Wall  .Street,  New  York 
City,  and  Milwaukee,  Wis.;  Henry  Martin,  President  Manufacturers'  and  Traders' 
Bank,  Buffalo,  N.  Y. ;  Boston  Merchants'  Association,  Boston  Mass.,  and  National  Law 
and  Collection  Association,  Philadelphia,  Pa.  Will  furnish  references  in  any  promi- 
nent town  or  city  on  request. 


APPENDIX. 


AV  ASHINQTON  TERRITORY— WYOMING— CAN  ADA . 

EDGAR  LEMMAN, 
ATTORNEY  AND  COUNSELOR  AT  LAW, 

WALLA  WALLA,  W.  T. 


References. — Baker  &  Boyer's  Bank,  H.  Dusenbery  &  Co.,  merchants;  Daniel 
Stewart,  r.  M, 


M.  C.  BROWN.  J.  W.  BLAKE.  C.  P.  ARNOLD. 

BROWN,  BLAKE  &  ARNOLD, 

ATTORNEYS  AT  LAW 

LARAMIE,  WYO. 

JAMES  CRANKSHAW,  B.  C.  L., 
Advocate,  Barrister,  Solicitor,  Attorney, 

COMMISSIONER  FOR  ONTARIO. 

FORESTRY  CHAMBERS,  132  ST.  JAMES  STREET, 
MONTREAL,  CANADA. 

Formerly  of  Manchester,  England.  Bankers— Bank  of  Montreal. 

J.  BALDWIN  HANDS, 
Barrister,  Solicitor,  Notary  Public,  etc. 

Offices:  16  King  Street,  East, 
Telephone  1433.  TORONTO,  CANADA. 


1 


APPENDIX. 


CANADA— ILLINOIS— ALABAMA— PENNSYLVANIA. 
R.  D.  McGIBBON.  ALFRED  B.  MAJOR. 

QM  McGIBBON   &   MAJOR, 

BARRISTERS,    AdVOCATKS,    &C. 

standard  Bulldinsr,  157  St.  James  Street, 

MONTREAL. 

Solicitors  for  Merchants'  Bank  of  Halifax,  Montreal. 


GRATTY  BROS.,  FULLER  &  GALLUP. 

Commercial   Law  and   Collections, 

PBORIA,    IIvI^. 

H.  C.  BULLOCK, 

ATTORNEY    AT    LAW, 

No.  16  So.  Perry  Square, 

MONTGOMERY,  ALA. 

All  business  promptly  attended  to  in  all  the  State  and  United  States 
courts,  at  Montgomery  and  adjoining  counties,  and  other  parts  of  the 
State.    Collections  promptly  made  and  returned. 

WILLIAM   A.   STEPHENS, 

Public    Accotjnant 

No.    520    'WAIvNUX   SXREET, 

Room  12, 

PHILADELPHIA. 

Referknces:— Hon.  Micluiel  Arnold,  Hon.  Richard  Vaux,  Furman  Sheppard, 
Esq.,  Lemuel  Coffin,  Esq.,  Atwood  Smith  Esq.,  Thos.  May  Peirce,  Esq.,  President 
Peirce  Business  College;  A.  K.  McClure,  Editor  Phila.  Times;  B.  B.  Comfgys,  Esq. 
President  Phila.  National  Bank;  Daniel  B.  Cummins,  Esq.,  President  (Tirard  Nat. 
Bank ;  Stephen  A.  Caldwell,  Esq.,  President  Fidelity  Trust  and  Safe  Deposit  Co.; 
Thomas  Cochran,  Esq.,  President  Guarantee  Trust  and  Safe  Deposit  Co. 


APPENDIX.  xxix 


PENNSYLVANIA — INDIANA. 


PEARSON  CHURCH, 

Late  President  Judge  30th  Judicial  District. 

MEADVILLE,  PA., 

Having  vosunied  the  practice  of  the  lAAV  -will  attend  to  all  i)rofe?- 
f*ioual  business  in  the  District  Courts  of  Crawford  and  adjoining 
counties,  in  the  ISupreiue  Court  and  in  tlic  Courts  of  the  United  States. 


George  B.  Chamberlin, 

N.  W.  Corner  Third  and  Main  Streets, 

La  Fayette,  Ind., 

Lawyer  and  Mercantile  Agency  Manager. 

Commercial  Collections  and  Probate  Business  a  Specialty. 

Collections  Made  in  all  Parts  of  the  World. 

Competent  and  experienced  men  ready  at  all  times  to  take  the  road  to 
give  personal  attention  to  claims. 

Over  100,000  special  detailed  reports  on  merchants  within  a  radius 
of  two  huiuh'ed  miles  of  Ija  Fayette,  Ind.,  on  hie,  revised  to  latest  date 
and  furnished  upon  api)lication.  1  do  tlie  largest  commercial  collection 
business  in  Indiana. 

First-Class  References  in  all  Commercial  Centers. 

Notary  Public  in  Othce.  Depositions  Carefully  Taken- 

Sole  Manager  for  sale  of  Hill's  Copyrighted  Legal  Chart 
for  United  States. 


r 


XXX  .  APPENDIX. 


new  york — iowa — pennsylvania — massachusetts. 
Charles  Howson.  Henry  Howson.  Hubert  Howson. 

ESTABLISHED  1853. 

HOWSON  &  HOWSON, 

Counsellors  at  Law.      Solicitors  of  Patents. 

Philadelphia  Off  ices:  119  South  Fourth  St. 
New  York:  Potter  Building,  38  Park  Row. 
Washington,  D.  C. ;    915  F  Street. 

JOHN   S.    RUNNELLS.  FOSHAY  WALKER. 

RUNNELLS  &  WALKER, 

LAWYERS. 

Equitable  Building,  DBS  MOINES,  IOWA. 


Practice  in   all  the  Federal  and  State  Courts.    General  Practitionei's. 

Commercial    Law    and    Collections.      Real    Estate    Litigation, 

Settlement  of  Estates.     Railroad  and  Corporation  Law. 

References:— Citizens'  National  Bank,  Iowa  National  Bank,  both  of  Des  Moines; 
W.  H.  Blodgett,  General  Solicitor,  Wabash,  St.  Louis  and  Paciflc  Railway  Company, 
St.  Louis,  Mo. ;  George  H.  Fearsons,  General  Attorney  for  Western  Union  Telegraph 
Company,  New  York. 


S.  H.  BRINTZINGHOFFER, 

ACCOUNTANT, 

NO.  935  MARKET  ST.,  PHILADELPHIA. 


Copying  neatly  executed.    Books  opened,  examined  and  closed  for 
firms,  corporations  and  individuals. 


JOHN  L.  BATES, 

ATTORNEY  AND  COUNSELOR  AT  LAW. 

113  Devonshire  Street,  Room  41, 

Boston,  Mass. 


i 


APPENDIX. 


MARYLAND. 


BAKER  JOHNSON, 

Attorney   and    Counselor    at    Law, 
Emcrirau  ^jFirc  insurance  (Tompaiiij'^  liaiiiltiing, 

No.  6  SOUTH  STREET, 
BALTIlflORE,  MI). 


SPECIAL   ATTENTION  TO  MERCANTILE  LAW    AND 
INSURANCE  LITIGATION. 


REFERENCES. 


Edw.  D.  Onion,  Coal  and  Wood,  Baltimore. 

Wm.  O.  Towson,  House  Furnishing,  Baltimore. 

W  M.  L.  Stork,  Manager  JEtna  Life  Ins.  Co.  for  Maryland  and  D 

C,  Baltimore. 
Stork  &  Cook,  Real  Estate,  Baltimore. 

Charles  W.  Ross,  President  Central  ]S"at  Bank,  Frederick,  ]Md. 
R.  H.  Stokes,  Cashier  ^lont.  Co.  Nat.  Bank,  Rockville,  Md. 
Francis  Henderson,  Sec.  United  Security  Co.,  Tenth  and  Chestnut 

Sts.,  Philadelphia. 
National  Law  and  Collection  Association,  Philadelphia. 
Jos.  A.  BoYER,  (Boyer's  Legal  Directory),  Philadelphia. 
Crawford  &  Dallas,  Attorneys  at  Law,  Philadelphia. 
F.  A.  HoYT  &  Co.,  Merchant  Tailors,  Philadel])hia. 
Hon.  John  M.   Scott,  Representative  8th    District,  Pennsylvania 

Legislature,  Philadelphia. 
Wm.  R.  Crawford,  Manufacturer,  Fairhill  St.  above  Lehigh  Avenue, 

Philadelphia. 
J.  II.  HuBi'.ELL  &  Co.,  (Huhbell's  Directory),  New  York. 
Halp.on  &  ]\IiLLARD,  Attorneys  at  Law,  New  York. 
Hector  i\[.  Hildings,  Attorney  at  Law,  New  York. 
Wi\i.  INI.  Meredith,  Attorney  at  Law,  New  York. 
A.  Kimball,  Ex-Vice  Pres't  C,  R.  I.  ct  P.  Ry.,  Chicago. 
Orris  P.  Cobb,  Attorney  at  Law,  Cincinnati. 
Finches,  Lynde  &,  Miller,  Attorneys  at  Law,  INIilwaukee,  Wis. 
Miller,  Young  &  Miller,  Attorneys  at  Law,  ]Minneai)()lis,  ^linn. 
C.  B.  Palmer,  Attorney  at  Law,  St.  Paul,  Minn. 
F.  A.  Berlin,  Attorney  at  Law,  San  Francisco,  Cal. 


APPENDIX. 


PENNSYLVANIA . 


Richard  Cadbury, 

Auditor  and    Expert   Accountant, 

308  WALNUT  STREET. 

Room  12,  Third  Floor.  Philadelphia, 


REFERS  TO 

J.  LIVINGSTON  ERRINGER, 
President  Philadelphia  Trust,  Safe  Deposit  and  Insurance  Company. 

SAMUEL  R.  SHIPLEY, 
President  Provident  Life  and  Trust  Company. 

COFFIN,  ALTEMUS  &  CO. 
220  Chestnut  Street. 

LEWIS  BROTHERS  &  CO. 
238  Chestnut  Street. 

JOSEPH  B.  TOWNSEND, 
70U  Walnut  Street. 

SAMUEL  DICKSON, 
32  South  Third  Street. 

YARNALL  &  COOPER, 
4  South    Broad  Street. 


I 


GEORGE  L.  SCHOFIELD. 


DEALER   IN 

New  and  Second -Hai 

MACHINERY, 

Shafting 
Pulley 

Hangers 
Beltin 

No.  123  NORTH  FRONT  STREET, 

PHILADELPHIA. 


V- 

LAW  LIBRARY 

UMVERSITY  OF  CALIFORNIA 
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